Some criminal statutes provide for mandatory bills of particulars and other statutes, with no specific statutory entitlement to a bill of particulars, call upon the trial court to exercise its discretion in deciding whether or not to grant a defendant’s request for a bill of particulars.
The COA in Dzikowski held that merely directing a defendant to look to the discovery provided by the State cannot suffice as a substitute for a legally sufficient bill of particulars pursuant to CL 3-206(d)(5). The COA answered that question in the negative and found that the trial court abused its discretion with resulting prejudice to the defendant when it denied Dzikowski’s exceptions to the State’s nonspecific responses to the question posed in his demand for a bill of particulars. The question before the COA in Dzikowski was whether the State’s response to the defendant’s request for a bill of particulars met the statutory requirement if it merely directed the defendant to look to the discovery the State has provided where a defendant, upon timely request, is statutorily guaranteed a bill of particulars detailing the allegations against him and the factual basis of those allegations.
State, 2013 WL 6850029 (12-30-13) the Court of Appeals has infused new vitality into the use of a bill of particulars as a tool to ensure constitutional notice to one charged with a crime where a charging document has been drafted using the statutory short form or is otherwise very general in it allegations. THE BILL OF PARTICULARS – ALIVE AND KICKIN’ AGAIN! To learn whether you can change your theory of liability in the middle of your case, I invite you to watch the quick video below.The Bill of Particulars – Alive and Kickin’! However, the better practice is to have you, the client, confirm and verify the detailed claims and injuries you are bringing in your case. If you live in a county different from where your attorney has his office, there are instances where the attorney will be able to verify the document he is providing. A “verified” bill of particulars means that you have reviewed and confirmed the details being provided in this document.
They want to know if you are supporting anyone financially and what your earnings history has been.Īll of these details are required to be provided to the defense to put them on notice about the exact claims you are making and the reasons why. They want to know what medical expenses you have incurred because of the wrongdoing. They want to know what specific injuries you have suffered as a result of the alleged wrongdoing. They want to know what the theory of liability is. What is it that their client did or did not do that you believe caused harm? They want to know specifics. They want to know what the exact claims of negligence or medical malpractice were. Some of the questions they want answered including why you believe something was done wrong. Your attorney must then answer each of the questions that they pose in this document known as a verified bill particulars. The attorney representing the people you have sued will send back a detailed list of questions and demands seeking answers. The people you are suing are then required to answer the allegations in the complaint. Your lawsuit is started with certain documents known as a summons and complaint. Your attorney is required to prepare a detailed set of documents known as a bill of particulars after the lawsuit has started. When I say “you” I really mean your lawyer.
When you bring a lawsuit in New York seeking compensation for your injuries, you as the “plaintiff” are required to itemize in detail the allegations against the people you are suing.