![]() ![]() ![]() (Rule 116, Rules of Court) What is a bill of particulars It is a more specific allegation. The motion shall specify the alleged defects of the complaint or information and the details desired. State codes of Criminal Procedure and the Federal Rules of Criminal Procedure regulate the use of bills of particulars in criminal prosecutions in their respective courts. The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and to prepare for trial. As in civil procedure, a bill of particulars is not intended to serve as a discovery device. The defendant is given notice of the offenses with which he or she is charged so that a defense may be prepared and the possibility of surprise or Double Jeopardy avoided. It is submitted by the prosecution to the defendant, at the defendant's demand, to provide the facts alleged in the complaint or the indictment that related to the commission of the crime. ![]() In Criminal Law, a bill of particulars serves the same purpose. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied. Civil Practice and Procedure Resources Here are some helpful forms having to do with civil practice and procedure. In federal courts the Federal Rules of Civil Procedure have replaced the use of a bill of particulars with a motion for a more definite statement. State codes of Civil Procedure impose rules that govern the use of bills of particulars in civil actions brought in state court. The application shall point out clearly the particulars sought by the defense. The defendant shall move therefore pursuant to Rule 3:10-2. It is not to be used as a discovery device to learn the evidence or strategy to be used at trial by the opposing party. A bill of particulars shall be ordered by the court if the indictment or accusation is not sufficiently specific to enable the defendant to prepare a defense. A bill of particulars is neither a Pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. It also serves to expedite the orderly progress of judicial proceedings by reducing, if not eliminating, the need for the amendment of ambiguous or vague pleadings. Its function is to give the party who requests it knowledge of what the opposing party has alleged in order to protect the party requesting the bill from surprise and in order to establish the real issues of the action. DEFENDANT, by and through the undersigned counsel and pursuant to Rule 3.140 (n), Florida Rules of. These materials are provided for general reference only, and are not intended as a substitute for formal legal advice. A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. Founded in 1914, Jenner & Block is a law firm of international reach with more than 500 lawyers. The following is a sample Motion for Statement of Particulars, as filed in a Florida criminal case involving the charge of DUI. Although usually requested by a defendant, it can be demanded by a plaintiff if the defendant makes a counterclaim for a setoff or asserts a defense against him or her. In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. The motion shall specify the alleged defects of the complaint or information and the details desired.A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. The following is a sample Motion for Statement of Particulars, as filed in a Florida criminal case involving the charge of DUI. ![]() – The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. ![]()
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