#Motion for bill of particulars code
#Motion for bill of particulars trial

#Motion for bill of particulars code

Thus it is particularly useful in limited civil litigation where parties are strictly limited to a total of 35 discovery requests pursuant to Code of Civil Procedure § 94.Ī demand for a bill of particulars appears to be a little used procedure today. On the other hand, a bill of particulars is conclusive as to the items and amounts claimed, meaning that no other evidence is admissible at trial, unless the court grants leave to amend the bill of particulars.Īnd since it is not an interrogatory, the demand does not count against the numerical limits on specially prepared interrogatories under the Discovery Act.

#Motion for bill of particulars trial

It is far easier and less costly to send out a simple demand for bill of particulars than it is to draft interrogatories or to prepare for and take depositions.Īnswers to interrogatories or deposition questions can be used as evidence against the answering party at trial but they are not conclusive in that contradictory evidence is also admissible. Although interrogatories and depositions can now be used for the same purpose, the bill of particulars remains an alternative procedure and it has certain advantages, as well. Therefore, courts allowed a 'demand for bill of particulars' to enable defendant to discover what was being claimed and to prepare for trial. When plaintiff sued on a common count, the pleadings gave no specifics as to the nature of the claim such as whether it was on a contract, quasi-contract, etc. This procedure dates back to early common law. However, on written demand by the defendant, the plaintiff is required to furnish a copy of the account on which the complaint is based or be precluded from giving evidence thereof. Therefore, it is not appropriate for the defendant to demur to the complaint on the ground of uncertainty. A demand for a bill of particulars is a procedure outside the Discovery Act, but it serves a discovery purpose in that it allows defendants who have been sued generally on an account (certain actions in contract or quasi-contract) to force plaintiff to itemize the account on which the complaint is based.Ī plaintiff who sues on an account is not required to set forth in the complaint the items of account. A demand for a bill of particulars in California is authorized by Code of Civil Procedure section 454 and is an excellent tool for forcing a plaintiff to itemize the total sum upon which the complaint is based.