Bill of Particulars

[Akira]

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

[TheBlackTruth]

Look quite interesting, Akira.



However, this would seem to not apply to criminal proceedings. Most traffic courts will tell you your case is criminal in nature and therefore the cause is implied to be some sort of tort, i gather, instead of contract. Is there anything that states a BoP can be requested in a criminal proceeding or do you have to first show that all proceedings are civil in nature and then continue?



hmmm. .i guess that's what you find out when you buy Randy Geiszler's package, i suppose. I was told about this a while back but couldn't find an provisions in California, so i gave up on it. I'm sure its there somewhere though!



-BT

[charlesa6]

Akira,very stuning information,good info but the package is a little bit chunky in prices. I might check it out.

[Akira]

Maine Rules of Criminal Procedure



RULE 16. DISCOVERY BY THE DEFENDANT



(a) Automatic Discovery.



(b) Discovery Upon Request.



(c) Discovery Pursuant to Court Order.



(1) Bill of Particulars. The court for cause may direct the filing of a bill of particulars if it is satisfied that counsel has exhausted the discovery remedies under this rule or it is satisfied that discovery would be ineffective to protect the rights of the defendant. The bill of particulars may be amended at any time subject to such conditions as justice requires.



For HIS Glory,

Akira

[dashboy]

Can this be used in a civil suit? Banking Breach of contract?



dashboy