![]() The request for a bill of particulars may say: Defendant hereby demands a bill of particulars setting. WHEREFORE, defendant most respectfully prays that an order be issued by this Honorable Court requiring the plaintiff to make more definite statement as to the particulars of the check mentioned in paragraph 5 of his complaint, particularly stating its amount, check number, date, and the name of the drawee bank. 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. x x x(underscoring supplied)Ģ.The said allegation is not averred with sufficient definiteness and particularity, specifically it does not mention the amount of the check therein mentioned, its check number, date, and the drawee bank ģ.That a more definite statement on the matters as above-indicated is necessary in order to enable the defendant to prepare its responsive pleading because from the very onset of this controversy, the main dispute was on what was actually and exactly agreed upon by the parties as the amount of monthly rentals on the lease of plaintiff's property Ĥ.However, due to the fact that defendant corporation had to transfer its liaison offices depending on its project sites, the check stub where the above-mentioned check came from was probably misplaced and could no longer be found ĥ.That a bill of particulars or a more definite statement as to particulars of the said check which was allegedly issued by the defendants as partial payment for the first month would definitely simplify the issues in this case, and hopefully uncomplicate the negotiations between the parties for an amicable settlement. The United States of America, through its undersigned attorney, hereby responds to Defendants Motion for Bill of Particulars. The check that he issued as partial payment for the first month also bounced. 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. ![]() That the plaintiff's complaint in paragraph 5 alleges:įrom August 3 to December 2003, defendant never paid anything to herein plaintiff. The purpose of a bill of particulars is to apprise the defendant of the nature of the charges, in such a way, so as to ensure that he: (1) understands the. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. ![]() See also Davis, 582 F.2d at 951 ('generalized discovery is not a permissible goal of a bill of particulars'). 1-Motion for Bill of Particularsĭefendant, through the undersigned counsel and unto this Honorable Court, respectfully avers:ġ. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. A bill of particulars should not be expanded into a device to circumvent the restrictions on pretrial discovery of specific evidence contained in Fed.
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