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BoP: "Plaintiff reserves the right to supplement their Bill of Particulars."


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In reviewing the BoP I received from the JDB attorney, I noted that the last numbered item states:

"the plaintiff reserves the right to supplement their Bill of Particulars."

Now, as I understand it, I have to respond/"answer" each of their number claims in my Grounds of Defense. I get that for the other number items, such as "Plaintiff claims XXX amount owed."

For the one related to "the plaintiff reserves the right to supplement their Bill of Particulars" I would obviously like to block this if it is my prerogative. It seems like a cheap way for the JDB attorney to at the last minute throw something into the case that they didn't want to disclose earlier on. I realize that the statement might be boiler plate - but I see no reason to grant any quarter which could be used against me later, if a simple statement in my GoD could wipe it out.

Thanks for any input,

Brody

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If they try to spring evidence at the last minute, you can object on the grounds of surprise; you weren't given any time to analyze or refute the evidence. Doing it at trial isn't exactly conforming to the rules. That is a standard discovery disclaimer, but it is not designed to allow parties to circumvent court procedure.

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