I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Although usually requested by a defendant, it. Mail) I deposited such envelope in the mail at _, California with postage thereon fully prepaid. In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. NAME AND ADDRESS OF ATTORNEY OR PLAINTIFF WITHOUT AN ATTORNEY On _ I served the foregoing document(s) described as: DEMAND FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT _ TO PLAINTIFF _ to the following parties: I am a resident of or employed in the county where the mailing occurred my business/residence address is: ADDRESS OF PERSON SERVING PAPERS. I am over the age of 18 and not a party to this action. The price or charge made for each such item or transaction. In actions to recover for personal injuries the following particulars may be required: (1) The date and approximate time of day of the occurrence (2) Its approximate location (3) General statement of the acts or. Bill of particulars in personal injury actions. It is not a discovery device and should not be utilized to obtain evidence. A demand for a bill of particulars shall be made by serving a written demand stating the items concerning which particulars are desired. To furnish to defendant _, within ten days hereafter, a bill of particulars setting forth the items and details of the account on which the cause of action for goods sold and delivered of plaintiff's complaint is based, including the date of each item or transaction aĭescription of the services, materials or goods supplied or other considerations rendered and Universal Citation: NY CPLR R3043 (2012) Rule 3043. A demand for a bill of particulars is a procedural tool designed for an 'amplification' of the parties. This includes your personal background, employment, details of the accident, injuries, medical treatment, expenses, lost wages, and more. It is a detailed statement of the particulars of your claim. TO PLAINTIFF, _ AND THEIR ATTORNEY OF RECORD: DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procedure § 454 A Bill of Particulars is exactly what its name expresses. To view details of sample document packages created and sold by LegalDocsPro visit this website: īe sure to remove these notices before using this document. just like a complaint, or an answer, or a reply to a counterclaim, it is also deemed to be an amplification of a pleading. To subscribe to my FREE California weekly legal newsletter visit However, we tend to use it as a discovery device. DEMAND FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT _TO PLAINTIFF _ Superior Court of the State of CaliforniaĪny Plaintiff, Plaintiff, vs. Any Attorney or Party Any Street Any Town, CA 55555
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