![]() ![]() Is the provision on bill of particulars applicable when the case is still in the prosecutor's office for preliminary investigation? It should specify the alleged defects of the complaint or information and the details desired. What should be contained in the motion for a bill or particulars? The accused must move for a bill of particulars before arraignment otherwise, the right is deemed waived. ![]() When can the accused move for a bill of particulars? And inasmuch as in criminal cases not only the liberty but even the life of the accused may be at stake, it is always wise and proper that the accused should be fully apprised of the true charges against them, and thus avoid all and any possible surprise, which might be detrimental to their rights and interests and ambiguous phrases should not, therefore, be permitted in criminal complaints or informations and if any such phrase has been included therein, on motion of the defense, before the commencement of the trial, the court should order either its elimination as surplusage or the filing of the necessary specification, which is but an amendment in mere matters of form. Of course, it is to be expected that the defense will object to any question, which is not based upon the allegations made in the complaint or information but this does not preclude the possibility that immaterial evidence might be admitted, although not supported by such allegations, due to inadvertence on the part of the defense. In criminal cases, any defect in the accusation other than that of lack of jurisdiction over the subject matter may be cured by good and sufficient evidence introduced by the prosecution, and admitted by the trial court, without any objection on the part of the defense, and the accused may be legally convicted of the crime or offense intended to be charged and so established by the evidence. What is the reason for allowing bill of particulars? To apprise the accused clearly of the charges filed against them, and thus enable them to prepare intelligently whatever defense or defenses they might have. What is the purpose of a bill of particulars? If he does not do so, whatever vagueness there may be in the allegations may be cured by evidence. A defendant in a criminal case who believes or feels that he is not sufficiently informed of the crime with which he is charged and not in a position to defend himself properly and adequately could move for a bill or particulars or specifications. ![]() 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.It is a more specific allegation. 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. State codes of CIVIL PROCEDURE impose rules that govern the use of bills of particulars in civil actions brought in state court. 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. ![]()
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