![a bill of particulars a bill of particulars](https://www.offcenterharbor.com/wp-content/uploads/2018/11/Bill-Garden-Troller-Good-Boats-for-Sale-2.jpg)
If the pleading is verified the account must be verified by the affidavit of the party to the effect that he believes it to be true …. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular. It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof.
#A bill of particulars code
Guide: Civil Procedure Before Trial (TRG 2016) ♨:1765.Ĭalifornia has codified the procedure in Code of Civil Procedure section 454 that reads as follows:
![a bill of particulars a bill of particulars](https://downloadbillofsale.com/wp-content/uploads/2016/06/Alaska-Snowmachine-or-ATV-Bill-of-Sale-Form0001.jpg)
The courts allowed a “ Demand for Bill of Particulars” to enable defendant to discover what being claimed and to prepare for trial. This procedure dates back to early common law when plaintiff sued on an alleged account, and the pleadings gave no specifics as to the nature of the claim –i.e., whether contract, quasi, contract etc. The account, unlike the pleading in a complaint, is supposed to “ furnish a defendant with the details of the items charged against him…” Meredith v. The Demand Bill of Particulars presumes that the party suing has a “ book” or “ contemporaneous ledger” or an “ account” to support any charges when the complaint was filed, and provides a court process to require that it be presented upon demand. It is an old fashioned pleading vehicle but still an effective way to force your opponent to document the evidence of their contract or quasi contract claims, or have a court strike the claims, without the necessity of multiple motions to compel, before obtaining evidence or terminating sanctions. A Demand for Bill of Particulars is NOT a discovery device, but an extension of the pleading. What discovery methods do you consider when you are strategizing about the most effective method to obtain the information you need and pin down your opponent? If you have a contract case, think about serving a Demand for Bill of Particulars.