Bill of Particulars Flashcards
When is a Bill of Particulars applied? (Rule 12, Section 1)
Before responding to a pleading
If a pleading is a reply, the motion must be filed within 10 calendar days from service
What is the purpose of a Motion for Bill of Particulars? (Rule 12, Section 1)
Bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable them to appropriately prepare their responsive pleading.
What does the Bill of Particulars contain? (Rule 12, Section 1)
Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired.
What are the actions of the Court upon the filing of the motion? (Rule 12, Section 2)
Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court which may either deny or grant it outright, or allow the parties the opportunity to be heard.
What will happen if the Motion for Bill of Particulars is granted? (Rule 12, Section 3)
If it is granted in whole or in part, the compliance therewith must be effected within 10 calendar days from notice of the order, unless a different period is fixed by the court.
Once the Motion for Bill of Particulars is granted by the court, what should be done? (Rule 12, Section 3)
The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party.
What if the Motion for Bill of Particulars is granted by the court but the order is not obeyed or complied with? (Rule 12, Section 4)
If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading of the portions thereof to which the order was directed, or make such order as it deems just.
What happens after the Bill of Particulars is served or after notice of denial of the motion? (Rule 12, Section 5)
The moving party may file his or her responsive pleading within the period to which he or she was entitled at the time of filing his or her motion, which shall not be less than 5 calendar days in any event.
Is the Bill of Particulars a part of a pleading? (Rule 12, Section 6)
YES. A Bill of particulars becomes part of the pleading for which it is intended.
