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Bill of particulars sample4/17/2024 ![]() ![]() However, such requests are improper in a bill of particulars and must be sought in the form of interrogatories pursuant to Rule 11-a of the Commercial Division Rules or by another appropriate disclosure device. Significantly, the majority of the requests vaguely ask the Plaintiff to "state the basis for the allegations" for nearly every paragraph of the 95 paragraph, highly detailed complaint (Requests 13-75). To wit, the Defendants' Demand for a Verified Bill of Particulars seeks the identification of witnesses with knowledge of relevant information (requests 1 and 2), and a computation of damages (request 11). Here, the Defendants' Demand for a Verified Bill of Particulars, which contains 75 paragraphs, excluding subparts, seeks details more appropriately developed at a deposition and not consonant with the purposes of a bill of particulars. In this case, no such expansion was requested or provided. In addition, the commercial division rules limit interrogatories to 25, including subparts, unless the court provides a different limit in the preliminary conference order. When a bill of particulars is replete with palpably improper evidentiary requests, the proper remedy is vacatur of the bill of particulars. In other words, the purpose of the bill of particulars is to amplify the pleading, limit the proof, and prevent surprise at trial, but it is not a vehicle to obtain evidentiary material. ![]() In fact, although the drafters of the CPLR also recommended its abolishment in conjunction with the expansion of the disclosure statutes now found in article 31, the Legislature retained the bill of particulars, not as a disclosure device, but in its traditional and limited role as a means of amplifying a pleading. The bill of particulars has been abolished in many jurisdictions, including in the federal courts, as broader disclosure statutes have rendered them superfluous. 32944(U), vacating a demand for a bill of particulars because it was being used as a discovery device, explaining: On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Orentreich v. To learn whether you can change your theory of liability in the middle of your case, I invite you to watch the quick video below.Categories Commercial, Discovery/Disclosure Demand for a Bill of Particulars Vacated Because it Was Being Used as a Discovery Device However, the better practice is to have you, the client, confirm and verify the detailed claims and injuries you are bringing in your case. If you live in a county different from where your attorney has his office, there are instances where the attorney will be able to verify the document he is providing. A “verified” bill of particulars means that you have reviewed and confirmed the details being provided in this document. They want to know if you are supporting anyone financially and what your earnings history has been.Īll of these details are required to be provided to the defense to put them on notice about the exact claims you are making and the reasons why. They want to know what medical expenses you have incurred because of the wrongdoing. ![]() ![]() They want to know what specific injuries you have suffered as a result of the alleged wrongdoing. They want to know what the theory of liability is. What is it that their client did or did not do that you believe caused harm? They want to know specifics. They want to know what the exact claims of negligence or medical malpractice were. Some of the questions they want answered including why you believe something was done wrong. Your attorney must then answer each of the questions that they pose in this document known as a verified bill particulars. The attorney representing the people you have sued will send back a detailed list of questions and demands seeking answers. The people you are suing are then required to answer the allegations in the complaint. Your lawsuit is started with certain documents known as a summons and complaint. Your attorney is required to prepare a detailed set of documents known as a bill of particulars after the lawsuit has started. When I say “you” I really mean your lawyer. When you bring a lawsuit in New York seeking compensation for your injuries, you as the “plaintiff” are required to itemize in detail the allegations against the people you are suing. ![]()
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