RULE 12 BILL OF PARTICULARS

Question 1

Can a party move for a definite statement or a bill of particulars before responding to a pleading?

Answer 1

Yes.

Question 2

Does the court have the authority to either deny or grant the motion for a definite statement or bill of particulars outright?

Answer 2

Yes.

Question 3

Can the court order the striking out of the pleading or portions thereof if there is non-compliance with its order for a bill of particulars or more definite statement?

Answer 3

Yes.

Question 4

When can a party move for a definite statement or a bill of particulars?

Answer 4

before responding to a pleading.

Question 5

If the court grants the motion for a definite statement or a bill of particulars, within what timeframe must the compliance with the order be effected?

Answer 5

within ten (10) calendar days from notice of the order, unless a different period is fixed by the court.

Question 6

What action may the court take if the order for a definite statement or a bill of particulars is not obeyed or if there is insufficient compliance?

Answer 6

The court may order the striking out of the pleading or the portions thereof to which the order was directed, or make such other order as it deems just.

Question 7

What happens to a bill of particulars once it is provided?

Answer 7

A bill of particulars becomes part of the pleading for which it is intended.

Question 8

What can the moving party do after they have served the bill of particulars or received notice of the denial of their motion?

Answer 8

The moving party may file their responsive pleading within the period to which they were entitled at the time of filing their motion, which shall not be less than five (5) calendar days in any event.