If a bill of particulars does not explain enough of the case to support the lawsuit, then the other party might be able to file a motion to dismiss the claim. Once you know what the other side is trying to prove to the judge, you can better prepare for depositions or trial. You can object if you think the other sides evidence, witness testimony, or question should not be allowed. This way, the parties can start to understand what the other side’s “theory of the case” will be – in other words, what the party is trying to prove to the judge so that s/he can get the outcome and the relief s/he is looking for. If there is a complaint filed by one party and a counter-complaint filed by the other party, both parties may request a bill of particulars against each other. Usually, requests for bill of particulars are sent out before depositions happen, and before other forms of discovery, so that the other party has a more complete sense of the allegations against him/her. In other words, a bill of particulars is a discovery tool that can be used by a respondent to figure out what the other party is claiming happened. The respondent in a lawsuit might request a bill of particulars if the complaint has general allegations without getting into the specific details that would be necessary for the respondent to properly defend him/herself in the case. Demanding a bill of particulars can be an inexpensive way for a defendant or cross-defendant to achieve certain discovery objectives. The situation thus presented was not the everyday case where the bill 'delivered is too general, or is defective in any particular' and where it is common practice for the judge to order a further account. A bill of particulars is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail. (a) number each objection and (b) give the number of each item in the bill of costs to which the party objects and (c) for each objectionbriefly state the reasons for the objection identifying any issue of law or fact that the objector considers the registrar must consider to make a decision in favour of the objector. When this 'bill of particulars' came in appellant served a second notice of motion to exclude evidence, which motion the court denied.
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