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Bill of Particulars - What is it and When Can They Be Used?

Last Updated: July 19, 2011

If you are defending against a lawsuit, one of the first things you and/or your attorney should do is submit a Demand for a Bill of Particulars. This is one of the toughest tools you have for defending yourself in court - an opportunity to find out exactly what is alleged against you so you can prepare your defense accordingly. A bill of particulars may be used in either criminal defense or in civil litigation. However, for the purposes here, we will mainly give examples related to defending your self against a debt lawsuit.

Please Note: I AM NOT A LAWYER. If you are facing court, it's ALWAYS a good idea to hire an attorney or get some legal assistance. Depending on your area and circumstances, in some cases, you can get free help. If you cannot afford it, though, take heart. Lot of people have handled their cases pro per (in other words, without a lawyer.)

Which States Allow the Use of a Bill of Particulars?

State	Statute
California	Code of Civil Procedure section 454
New York City	CIvil Court CPLR 304
Delaware	BILL OF PARTICULARS � CIVIL RULE 26
Illinois	Compiled Statutes 735 ILCS 5 Code of Civil Procedure. Section 2-607
Virginia	Commonwealth of Virginia Rule 7B:2
Georgia	The Code provides in 81-105, inter alia, "In suits on accounts a bill of particulars should be attached."

What is a Bill of Particulars?

A Bill of Particulars is a written statement outlining the reasons a plaintiff filed a lawsuit against a defendent. It 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.

What is the Purpose of a Bill of Particulars?

A Bill of Particulars requests details on everything the plaintiff states is the meat of the case. This prevents surprises, enabling the defendant to prepare the strongest defense possible. A Bill of Particulars is also in the best interest of the judicial process overall: The sooner a plaintiff and defendent are on the same page about the exact nature of the lawsuit, the more efficiently and effectively the case can move through the system.

How is a Bill of Particulars Different From the Discovery Process?

In the discovery process, the defendent seeks evidence or strategy by which the plaintiff will build its case. This is the proof the plaintiff has against the defendent. A Bill of Particulars includes no such proof or strategy, but only a list of reasons the lawsuit has been filed.

Who Can Request a Bill of Particulars?

The defendant requests it to clarify the case, the plaintiff cannot request it.

Under What Circumstances Would a Defendent Provide a Bill of Particulars to a Plaintiff?

OK, so there is a situation where the defendant would be asked for a Bill of Particulars. If you file a counterclaim, the plaintiff may request a Bill of Particulars from you.

What Should You Ask for in a Bill of Particulars?

The nature of the lawsuit determines what should be included in a Bill of Particulars. For instance, if you are being sued for an unpaid balance on a credit card, your Demand for a Bill of Particulars should request:

Agreement and/or contract of the relevant account.
Proof the plaintiff owns the account.
List of items for which payment is being sought.
List of dates associated with each item, transaction or service.
List of charges per item, transaction or service.
Means by which the plaintiff determined amount owed and for what.

What is a Generic Form for a Bill of Particulars

To PLAINTIFF________ and [its/their] attorneys of record herein: DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant ________, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] of plaintiff�s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, all payments or credits that have been made to the account and any agreement assigning the account at issue to the plaintiff.

Dated: _________ _____________________
DEFENDANT

In What Format Will You Receive the Response Bill of Particulars?

Local court rules determine the format for which a Bill of Particulars must be prepared and submitted.

How is the Getting the Plaintiff to Answer the Bill of Particulars Enforced?

Once a demand has been received for a Bill of Particulars, the receiving party should submit it voluntarily. If not, you can file a motion asking the court to force the submission of documentation.

What if a Plaintiff Objects to the Bill of Particulars?

Response to Objection for Bill of Particulars

On ____, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs� response is entirely deficient.

As a preliminary matter, plaintiff�s objection to Defendant�s Bill of Particulars is not well taken. Plaintiff has alleged a cause of action for Open Book Account. A Bill of Particulars is appropriate under this legal theory as plaintiff concedes in ultimately responding.

The response served, however is not sufficient. Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff�s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Indeed, the only account statements plaintiff has provided demonstrate full payment of the amounts requested.

Please serve a full response on or before [insert date 10 days from date of letter]. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial.