![]() ![]() A bill of particulars becomes part of the pleading for which it is intended. After service of the bill of particulars or of a more definite pleading, or after notice of denial of his or her motion, the moving party may file his or her responsive pleading within the period to which he or she was entitled at the time of filing his or her motion, which shall not be less than five (5) calendar days in any event. McFarlane v.County of Suffolk 60 A.D.3d 918 (2nd Dept. The purpose of a bill of particulars is to apprise the defendant of the nature of the charges, in such a way, so as to ensure that he: (1) understands the. Defendant's request for authorizations outside a specific time-frame related to the particulars injuries plaintiff claims is not allowable and must be denied. Stay of period to file responsive pleading. claimed in the Bill of Particulars, must be denied. The following is a sample Motion for Statement of Particulars, as filed in a Florida criminal case involving the charge of DUI. If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading or the portions thereof to which the order was directed, or make such other order as it deems just. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party. A bill of particulars is defined as a written itemization of claims in a lawsuit that the defendant may demand of the plaintiff in some situations in order. If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) calendar days from notice of the order, unless a different period is fixed by the court. Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court, which may either deny or grant it outright, or allow the parties the opportunity to be heard. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired. If the pleading is a reply, the motion must be filed within ten (10) calendar days from service thereof. Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter, which is not averred with sufficient definiteness or particularity, to enable him or her properly to prepare his or her responsive pleading. Affiant personally came and appeared with Driver’s License ID No.Section 1. SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24 th day of October 2013. ![]() IN WITNESS WHEREOF, I have signed this affidavit this 24 th day of October 2013 at Puerto Princesa City. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23 rd day of October 2013 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows:Ītty. ![]() Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. I, _, of legal age and having been duly sworn depose and say: Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for hearing on Novemat 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard. WHEREFORE, defendant prays that plaintiff be ordered to file a bill of particulars of the facts and acts constituting the conclusions alleged in the complaint. The foregoing allegations are conclusions of law, which plaintiff should clarify and flesh them with facts and specific acts to enable defendant-movant to prepare and file a responsive answer thereto which requires information as to precise nature, character, scope and extent of plaintiff’s cause of action. The complaint alleges that defendant public official, together with herein defendant movant, acting singly or collectively, and or in unlawful concert with one another, in flagrante breach of public trust and of sheer fiduciary obligations as public officers with gross and scandalous abuse of right and power and in brazen violation of the Constitution and laws of the Philippines, embarked upon a systematic plan to accumulate ill-gotten wealth. Defendant, by counsel and to this Honorable Court, respectfully states: ![]()
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