State codes of Criminal Procedure and the Federal Rules of Criminal Procedure regulate the use of bills of particulars in criminal prosecutions in their respective courts. As in civil procedure, a bill of particulars is not intended to serve as a discovery device. The defendant is given notice of the offenses with which he or she is charged so that a defense may be prepared and the possibility of surprise or Double Jeopardy avoided. It is submitted by the prosecution to the defendant, at the defendant's demand, to provide the facts alleged in the complaint or the indictment that related to the commission of the crime. In Criminal Law, a bill of particulars serves the same purpose. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied.
In federal courts the Federal Rules of Civil Procedure have replaced the use of a bill of particulars with a motion for a more definite statement. A bill of particulars of any pleading with respect to a cause of action for negligence shall be verified whether such pleading be verified or not. An Amended Bill of Particulars is appropriately served when new injuries, new claims, or new theories of liability are asserted. If a pleading is verified, a subsequent bill of particulars shall also be verified. 'Unlike the disclosure devices authorized in CPLR article 31, a bill of particulars is of limited scope and may not be used to obtain evidentiary material. State codes of Civil Procedure impose rules that govern the use of bills of particulars in civil actions brought in state court. Universal Citation: NY CPLR § 3044 (2022) § 3044. The purpose of a bill of particulars is 'to amplify the pleadings, limit the proof and prevent surprise at the trial' ( Medaris v Vosburgh, 93 A.D.2d 882, citing Patterson v Jewish Hosp. It is not to be used as a discovery device to learn the evidence or strategy to be used at trial by the opposing party. A bill of particulars is neither a Pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. It also serves to expedite the orderly progress of judicial proceedings by reducing, if not eliminating, the need for the amendment of ambiguous or vague pleadings.
Its function is to give the party who requests it knowledge of what the opposing party has alleged in order to protect the party requesting the bill from surprise and in order to establish the real issues of the action. A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. Although usually requested by a defendant, it can be demanded by a plaintiff if the defendant makes a counterclaim for a setoff or asserts a defense against him or her. In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought.
Where it appears that a party other than the moving party, is entitled to a summary determination, the administrative law judge may grant such determination without the necessity of a cross-motion.A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. The motion shall be denied if any party shows sufficient basis to require a heating of any issue of fact. The motion shall be granted if, upon all the papers and proof submitted, the administrative law judge finds that it has been established sufficiently that no material and tribal issue of fact is presented and that the administrative law judge can, therefore, as a matter of law, issue a determination in favor of any party. The affidavit, made by a person having knowledge of the facts, shall recite all the material facts and show that there is no material issue of fact to be tried and that the facts mandate a determination in the moving party's favor. Such motion shall be supported by an affidavit, by a copy of the pleadings, and by any other available proof.
(1) After issue has been joined, any party may move for summary determination.