![]() ![]() ![]() ![]() The Bill of Particulars is not a single pleading. Thus, since the information supporting the account is presumptively in plaintiff’s possession, and it is Defendant’s opportunity afforded by law to obtain detail of this claim from the information that was kept in Plaintiffs books and records. Santa Barbara National Bank (1966) 247 Cal. Guide: Civil Procedure Before Trial (TRG 2019) ♨:1781 citing Burton v. However, Defendant’s failure to bring such a motion is a waiver of their objection to the sufficiency of the information furnished describing the account. Guide: Civil Procedure Before Trial (TRG 2019) ♨:1780. More importantly, if the court finds that any of the line items are deficient it can strike the entry and preclude plaintiff/cross-complainant from proving the debt is owed.Īccording to Code of Civil Procedure §454, if the information in the Bill of Particulars is too general or incomplete, the defendant may make a noticed motion for a further bill. Unlike interrogatories and deposition testimonies, a Bill of Particulars is conclusive as to the items and amounts claimed and no other evidence is admissible at trial. this harassment caused severe emotional distress.As stated in the blog “ It’s Not a Discovery Device, But…”, a Demand for Bill of Particulars is NOT a discovery device, but an extension of the complaint or a cross-complaint.For example, if you are suing an abusive partner in civil court for money damages because you were harassed, you might sue based on “intentional inflection of emotional distress.” Generally, the elements that you’d need to prove might be that: If you do not cover all of the necessary elements, then the judge might dismiss your claim. If a statute controls your case, meaning that the specific things you need to prove to get the relief you are asking for are set out in a state or federal law, then you should read the statute to see if there are certain things that you need to prove these are called “elements.” You will need to keep the elements of the case in mind as you are expanding on your claims in the bill of particulars. If there are certain incidents that happened for which you cannot recall details and others where you can vividly remember details, you may decide to only include the ones that you know you can testify to. Make sure you are truthful and accurate in your bill of particulars because any inconsistencies between what you include in the bill and testimony that you give in a deposition or trial can be used to damage your credibility and your case. Plaintiff estimates the entire attack to have lasted three to five minutes.” The Defendant suffered a broken nose as a result of the blows, along with other physical pain and bruising. These blows landed around the head, neck, and shoulder area of the Defendant. ![]() For example, you might respond with this level of detail for each incident: “On or about Decemat 7:00 pm the Defendant shoved Plaintiff to the ground in the kitchen of their marital home and struck Plaintiff approximately 12 times with closed fists. For example, if you filed a divorce action based on the ground of cruel and inhuman treatment, you may have just alleged in your petition that you were “subjected to cruel and inhuman treatment during the marriage.” The request for a bill of particulars may say: “Defendant hereby demands a bill of particulars setting forth the specifics of the alleged cruel and inhuman treatment.” In the bill of particulars that you write up, you will explain exactly what you meant by cruel and inhuman treatment, while keeping in mind what you can prove at trial, and the approximate dates that the incidents happened. You need to think about what it is that you need to prove to the judge in order to win your case and then explain in more detail the general allegations that you made in your complaint or petition. When you receive a request for a bill of particulars, you should first read it over very carefully and then read your complaint or petition. ![]()
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