![]() ![]() That is around $3.50 per sample document! Copyright 2012 Stan Burman. The author's website: View numerous sample documents sold by the author: Reply to this e-mail for more information on a package that contains over 75 sample documents currently selling for only $250.00. The author of this newsletter, Stan Burman, is a freelance paralegal who has worked in California litigation since 1995. The big disadva ntage is that a bill of particu lars is only availabl e in actions on an account. Thus it is particularly useful in limited civil litigation where parties are strictly limited to 35 discovery requests pursuant to Code of Civil Procedure § 94. On the other hand, a bill of particulars is conclusive as to the items and amounts claimed i.e., no other evidence is admissible at trial, unless the court grants leave to amend the bill of particulars, and (3) since it is not an interrogatory, the demand does not count against the numerical limits on specially prepared interrogatories under the Discovery Act. 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 in that (1) 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 (2) answers to interrogatories or deposition questions can be used as evidence against the answering party at trial but they are not conclusive (contradictory evidence is also admissible). ![]() If the information furnished is deemed too general or incomplete, the defendant may make a noticed motion for a further bill of particularsĭiscover what was being claimed and to prepare for trial. Many as signee s of finan ce or cr edit card companie s will r espond b y simpl y providi ng the l ast statement, a response which is clearly deficient. If, after furnishing the itemization, plaintiff finds that it was incomplete or incorrect, plaintiff must seek leave of court (by noticed motion) to amend the bill of particulars just as he or she would to amend a pleading. And if the original complaint or cross-complaint was verified the bill of particu lars mu st als o be veri fied. The demand for a bill of particulars must be in writing, and the bill of particulars must be delivered to the requesting party within 10 days. With the repeated sale and transfer of delinquent accounts, failing to utilize the demand for the bill o f particu lars is a criti cal err or. I have personally seen at least two instances where creditors dismissed cases when they could not respond to the bill of particulars. 3d 1220, 1225, (reciting fact that the demand was made and complied with.) Perhaps a reason for its declining use is that attorneys simply fail to recognize that, in the appropriate cases, a demand for a bill of particulars can be very useful in forcing plaintiff to provide all of the documentation supporting their claim This is particularly true when plaintiff is a n assignee of a finance or credit card company and thus may not have all of the documentation. Yet it remains a very useful tool for the defendant in an action on an account. Demanding a bill of particulars is a little used procedure today. A demand for a bill of particulars is a procedure outside the Discovery Act, but it does serve a discovery purpose : It enab les defe ndants w ho have be en sued ge nerally on an account (cert ain action s in cont ract or quasi-contract) to force plaintiff to itemize the account on which the complaint is based. This procedure, known as a bill of particulars, thus forces the plaintiff to itemize the total sum upon which the complaint is based. 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 plaintiff who sues on an account is not required to set forth in the complaint the items of account. ![]() 1The topic of this issue of the newsletter is preparing and serving a demand for a bill of particulars in California civil litigation. ![]()
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