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What is a bill of particulars4/23/2024 ![]() ![]() Immediately preceeding text appears at serial pages (289105) and (264279). The provisions of this Rule 572 amended March 3, 2004, effective July 1, 2004, 34 Pa.B. 1477 (March 18, 2000).įinal Report explaining the Maamendments to paragraph (A) published with the Courts Order at 34 Pa.B. ![]() 3128 (July 6, 1996).įinal Report explaining the Mareorganization and renumbering of the rules published with the Courts Order at 30 Pa.B. 906(b)(6) and the Fifth, Sixth and Eighth Amendments to the United States Constitution to direct the Government to file a bill of particulars in the subject. Rule 304 adopted Jand November 22, 1977, effective as to cases in which the indictment or information is filed on or after Januamended October 21, 1983, effective Januamended June 19, 1996, effective Jrenumbered Rule 572 and amended March 1, 2000, effective Apamended March 3, 2004, effective July 1, 2004.įinal Report explaining the Jamendments published with the Courts Order at 26 Pa.B. Any party may require any other party to give a bill of particulars of such party’s claim, or a copy of the items of the account alleged in a pleading. Plaintiffs motion is granted in part and denied in part. Plaintiff moves for an order to compel production pursuant to CPLR 3042© directing Defendants to produce a detailed Bill of Particulars setting out the facts and basis supporting each alleged affirmative defense. The traditional function of a Bill of particulars is to clarify the pleadings and to limit the evidence which can be offered to support the information. Motion to Compel Production of Bill of Particulars. (D) When a motion for relief is made, the court may make such order as it deems necessary in the interests of justice. A motion for a bill of particulars shall be made before a plea is entered and at least seven days before the day fixed for trial and the bill of particulars shall be filed within such time as is fixed. If further particulars are desired after an original bill of particulars has been furnished, a motion therefor may be made to the court within 5 days after the original bill is furnished. A court of record may direct the filing of a bill of particulars at any time before trial. Although an argument can be made that §454 was not. (C) Upon failure or refusal of the attorney for the Commonwealth to furnish a bill of particulars after service of a request, the defendant may make written motion for relief to the court within 7 days after such failure or refusal. Although a party need not set forth in the complaint 'the items of an account therein alleged,' the party must deliver to the opposing party, on demand, a 'copy of the account,' commonly known as a bill of particulars. ![]() (B) The request shall set forth the specific particulars sought by the defendant. The request shall promptly be filed and served as provided in Rule 576. (B) The request shall set forth the specific particulars sought by the defendant, and the reasons why the particulars are requested. (A) A request for a bill of particulars shall be served in writing by the defendant upon the attorney for the Commonwealth within 7 days following arraignment. (A) A request for a bill of particulars shall be served in writing by the defendant upon the attorney for the Commonwealth within 7 days following arraignment. ![]()
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