As stated in the blog “It’s Not a Discovery Device, But…”, a Demand for Bill of Particulars is NOT a discovery device, but an extension of the complaint or a cross-complaint [complaint]. Unlike interrogatories and deposition testimonies, a Bill of Particulars is conclusive as to the items and amounts claimed and no other evidence is admissible at trial. More importantly, if the court finds that any of the line items are deficient it can strike the entry and preclude plaintiff/cross-complainant [plaintiff] from proving the debt is owed.Continue Reading If Plaintiff’s Bill of Particulars is Improper, Evasive and/or Incomplete; You must Bring a Motion or You Waive Your Objections
What discovery methods do you consider when you are strategizing about the most effective method to obtain the information you need and pin down your opponent? If you have a contract case, think about serving a Demand for Bill of Particulars. A Demand for Bill of Particulars is NOT a discovery device, but an extension of the pleading. It is an old fashioned pleading vehicle but still an effective way to force your opponent to document the evidence of their contract or quasi contract claims, or have a court strike the claims, without the necessity of multiple motions to compel, before obtaining evidence or terminating sanctions.