View Single Post
  #1  
Old 10-23-2004, 03:11 PM
Akira's Avatar
Akira Akira is offline
Sui Juris Moderator
 
Join Date: Oct 2004
Location: Maine state
Posts: 873
Bill of Particulars

I have just begun research into writing a "Bill of Particulars"



Different from a Motion of Discovery... BoP's seem to be quite powerful...



In chasing around the net.. I came across Delaware's stipulations for them... In particular, (no pun intended), I noticed this:



Rule 26(b) Content. A bill of particulars shall be in writing and shall state with particularity the basis for the plaintiff’s suit and the manner in which the sum demanded was determined. If the action is based upon a contract or promise, whether express or implied, the bill of particulars shall state specifically the date, time and place the contract was agreed upon, the subject matter of the contract, what breach or violation of the contract occurred, the amount of damages suffered because of the breach or violation, and how those damages were determined. If the action is based upon a debt for money due and owing on a book account or other written instrument, a copy of any books of account or other written documents upon which the action is based shall be included in the bill of particulars. The bill of particulars shall include an affidavit of the plaintiff notarized by anotary public verifying that the information contained in the bill of particulars is true and correct to the best ofthe plaintiff’s knowledge. If the plaintiff is a corporation, partnership or other artificial entity, it shall beverified by an officer of the entity as defined in Supreme Court Rule 57(a)(3) or any representative certified pursuant to Supreme Court Rule 57.



Seems like a great tool for challenging presumption... like a drivers license 'contrct' or banking issues...



Paper Advantage claims to have a very powerful one... Anyone seen or tried theirs?



Anyone have any templates for study?



For HIS Glory,

Akira
__________________
Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel

"It's not the will to win, it's the will to prepare to win." - Bobby Knight
Reply With Quote