What is the nature of and procedure for a bill of particulars?

When should a motion for bill of particulars be filed? Before responding to a pleading. If the pleading is a reply, the motion must be filed within ten (10) days from service.
What are the grounds for a request for a bill of particulars? A party may move for a definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularly to enable him properly to prepare his responsive pleading.
The motion shall point out [1] the defects complained of; [2] The paragraphs wherein they are contained; and [3] the details desired. (Rule 12, Sec. 1) The motion must comply with the requirements for motions under Rule 15. Otherwise, it shall be treated as a pro forma motion which shall not stop the running of the period for filing the requisite pleading

Popular Posts