After a pleading is served, a party may serve or be served with a demand for a Bill of Particulars. The Demand for a Bill of Particulars seeks to amplify the allegations of the other partys’ pleading.
A Demand for a Bill of Particulars or the use of discovery in a summary proceeding may delay a trial. Both are often vital to the success of the case. Both are designed to elicit critical information and prepare for trial. A Demand for a Bill of Particulars is a request for an amplification of the pleadings, and may be requested without court order. Discovery may not obtained without court order.
A Demand for a Bill of Particulars is not intended to obtain evidence. That is the purpose of the discovery devices. If the Demand for a Bill of Particulars improperly seeks information that is considered discovery, it may be stricken by the court.