Updated statutes and codes may be available at the New York State Legislature Website. Statutes and codes such as CPLR 3130 are frequently amended, and no representation is made that the above version of CPLR 3130 is current. Douglas Barics, attorney at law for reference only. This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. After the commencement of a matrimonial action or proceeding, upon motion brought by either party, upon such notice to the other party and to the non-party from whom financial disclosure is sought, and given in such manner as the court shall direct, the court may order a non-party to respond under oath to written interrogatories limited to furnishing financial information concerning a party, and further provided such information is both reasonable and necessary in the prosecution or the defense of such matrimonial action or proceeding. In the case of an action to recover damages for personal injury, injury to property or wrongful death predicated solely on a cause or causes of action for negligence, a party shall not be permitted to serve interrogatories on and conduct a deposition of the same party pursuant to rule 3107 without leave of court.Ģ. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. ![]() The closest modern equivalent, though rarely used, is the motion for more definite statement.CPLR 3130: Use of Interrogatories CPLR 3130ġ. A bill of particulars, however, once submitted, confines the pleader to any causes of action or defenses in the bill. It has been observed, however, that the motion for a bill of particulars may have strategic advantages over a § 2-615 motion, because the latter, even where successful, usually results in the plaintiff being given an opportunity to refile. In Illinois, for instance, it is more common for defendants to file a motion to dismiss under the Illinois Code of Civil Procedure § 2–615, claiming the pleaded facts to be insufficient to support the causes of action alleged. states, like New York, Illinois, California (CCP 454), and Virginia, use the bill of particulars, and even there motions for a bill of particulars may be disfavored or disused. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process. The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars". In civil cases, a bill of particulars is a pleading, which "amplifies" the complaint, but can also act as a discovery device or tool. An insufficient response to a request for a bill of particulars may be grounds for dismissal of the claim, or other sanctions against the responding party. It is not entirely clear whether this can be done in practice in Britain on the Allocation questionnaire. It is rarely used in American small claims cases. In a civil action such as a tort or breach of contract case, either attorney or party can request it. This request may be part of an omnibus motion, motion in limine, or similar motion. However, prosecuting attorneys cannot request the same of the defense. In criminal law, defense attorneys may file a motion requesting a bill of particulars from prosecuting attorneys. A bill of particulars may be used in either criminal defense or in civil litigation. In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. JSTOR ( August 2016) ( Learn how and when to remove this template message). ![]() Unsourced material may be challenged and removed.įind sources: "Bill of particulars" – news Please help improve this article by adding citations to reliable sources. ![]() This article needs additional citations for verification.
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