![]() ![]() Following several hearings, and the filing of documents by Caruso purporting to constitute a bill of particulars, the court on August 31, 1967, made an order excluding evidence on the second cause of action by reason of plaintiff's failure to file an account which conformed to the requirements of section 454 of the Code of Civil Procedure. On September 30, 1966, defendants made demand on Caruso for a bill of particulars with respect to the second cause of action. By April 26, 1967, the case was at issue upon the amended complaint and a cross-complaint. The second cause of action was a common count on behalf of Caruso alone for legal services valued at $25,000. The first alleged that plaintiffs had rendered services to defendants in clearing title to certain described real property, for which services defendants were indebted to plaintiffs in the amount of $1,050,000. The complaint, as amended, contained two causes of action. Hansen, Bernard Gira and Paul Caruso originally filed this action on July 7, 1966. If plaintiff pays to defendant the sum of $10,000.00, the motion is denied." The $10,000 was not paid any by reason thereof, on December 18, 1970, the court entered a final order of dismissal. The trial court made an order on December 7, 1970, granting a motion to dismiss this action for want of prosecution "unless on or before Decemplaintiff pays to defendant the sum of $10,000.00 as reimbursement of attorney fees incurred for prior preparation, said sum not to be recoverable as costs. This case of first impression involves the application of rule 203.5(f), California Rules of Court, which authorizes the superior court to impose conditions upon the denial of a motion to dismiss an action under Code of Civil Procedure section 583, subdivision (a). (Opinion by Files, P.J., with Kingsley and Dunn, JJ., concurring.) SNAP-TITE, INC., et al., Defendants and Respondents HANSEN et al., Plaintiffs and Appellants, v. A bill of particulars, however, once submitted, confines the pleader to any causes of action or defenses in the bill.HAROLD L. It has been observed, however, that the motion for a bill of particulars may have strategic advantages over a § 2-615 motion, because the latter, even where successful, usually results in the plaintiff being given an opportunity to refile. In Illinois, for instance, it is more common for defendants to file a motion to dismiss under the Illinois Code of Civil Procedure § 2–615, claiming the pleaded facts to be insufficient to support the causes of action alleged. Virginia, use the bill of particulars, and even there motions for a bill of particulars may be disfavored or disused. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through theĭiscovery process. In civil cases, a bill of particulars is aĬomplaint, but can also act as a discovery device or tool.įederal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars". ![]() An insufficient response to a request for a bill of particulars may be grounds for dismissal of the claim, or other sanctions against the responding party. It is not entirely clear whether this can be done in practice inĪllocation questionnaire. It is rarely used inĪmerican small claims cases. This request may be part of an omnibus motion,īreach of contract case, either attorney or party can request it. However, prosecuting attorneys cannot request the same of the defense. A bill of particulars may be used in eitherĪttorneys may file a motion requesting a bill of particulars from JSTOR ( August 2016) ( Learn how and when to remove this template message)Ĭommon law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by aĭefendant's formal request to the court for more detailed information.Unsourced material may be challenged and removed. This article needs additional citations forĪdding citations to reliable sources.
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