#Verified bill of particulars new york verification#

state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process. The Federal Rules of Criminal Procedure provide in rule 7(f) that 'the court may direct the government to file a bill of particulars'. In civil cases, a bill of particulars is a pleading, which 'amplifies' the complaint, but can also act as a discovery device or tool. An insufficient response to a request for a bill of particulars may be grounds for dismissal of the claim, or other sanctions against the responding party.

It is not entirely clear whether this can be done in practice in Britain on the Allocation questionnaire. It is rarely used in American small claims cases. In a civil action such as a tort or breach of contract case, either attorney or party can request it. This request may be part of an omnibus motion, motion in limine, or similar motion. However, prosecuting attorneys cannot request the same of the defense.

In criminal law, defense attorneys may file a motion requesting a bill of particulars from prosecuting attorneys. A bill of particulars may be used in either criminal defense or in civil litigation. In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information.

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Unsourced material may be challenged and removed.įind sources: 'Bill of particulars' – news Please help improve this article by adding citations to reliable sources. Claimant's motion is, therefore, denied.This article needs additional citations for verification. of Human Rights, 48 A.D.2d 391 Matter of D'Elia v Sandy B., 132 Misc.2d 60.) This was done in the instant case. (CPLR 3021, 3020 cf., Merrill Lynch, Pierce, Fenner Smith v. In contrast, a pleader may become 'acquainted' with facts through secondary sources, provided he identifies them. (Davidowitz v Dixie Assocs., 59 A.D.2d 659 Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3020:8, at 381.) It is required only in the limited instances specified in CPLR 3020 (d) (3). The latter has been compared to 'first-hand' or 'independent' knowledge of the facts.

This is sufficient to demonstrate that he is 'acquainted with the facts', a standard which is not synonymous with 'personal knowledge'. In addition, his sources are averred as being 'records and statements of officers, agents and employees of defendant'. The Assistant Attorney-General deposes, upon information and belief, that its contents are true.

#Verified bill of particulars new york verification#

Specifically, CPLR 3020 (d) (2) states: 'if the party is the state, a governmental subdivision, board, commission, or agency, or a public officer in behalf of any of them, the verification may be made by any person acquainted with the facts' (emphasis added). (See, Baldwin v Tinker, 48 Misc.2d 362 Matter of Ross, 34 Misc.2d 1018 Lipsky v Commerce-Pacific, 134 N.Y.S.2d 147 3 Weinstein-Korn-Miller, N Y Civ Prac ¶ 3044.03.)ĬPLR 3020 (d) deals with by whom the required affidavit shall be made. It has been held that the rules applicable to verification of pleadings should be utilized in the case of a bill of particulars. Uniformly, in tort actions against the State of New York, its answers and bills of particulars are verified by the Assistant Attorney-General assigned to the defense of the claim.īy this motion for an order of preclusion on the ground that the bill of particulars of the State's verified answer was not sworn to by a person with actual knowledge of the facts, this long-standing practice is drawn into question.Ī bill of particulars 'shall' be verified if the pleading which it amplifies is also verified (CPLR 3044).