Register (ACFR) issues a regulation granting it official legal status.įor complete information about, and access to, our official publications Informational resource until the Administrative Committee of the Federal This prototype edition of theĭaily Federal Register on will remain an unofficial Each document posted on the site includes a link to theĬorresponding official PDF file on. The documents posted on this site are XML renditions of published Federal Register, and does not replace the official print version or the official It is not an official legal edition of the Federal Instead, the defendant must resort to the traditional forms of written discovery such as Form Interrogatories, Special Interrogatories, Demand for Production of Documents and Requests for Admissions.This site displays a prototype of a “Web 2.0” version of the dailyįederal Register. 2d 657, 677.) As such, the defendant in a lawsuit where the complaint only alleges breach of contract and a common count for "account stated" will not be able to utilize a Demand for Bill of Particulars. (Note that Even though Code of Civil Procedure section 454 authorizes a Demand for Bill of Particulars in an action "on an account," it is not available in an action on an "account stated". Plaintiff must seek leave of court (by noticed motion) to amend the bill of particulars just as he or she would to amend a pleading. At trial, plaintiff is limited to the items and amounts specified in his or her bill of particulars. Unlike responses to discovery, a bill of particulars is conclusive as to the items and amounts claimed. Proc., § 454.) If the original complaint was verified, the bill of particulars must also be verified. Plaintiff’s response must itemize the specifics of the account, and must be delivered to the defendant within 10 days after service of the demand. Defendant’s demand must be in writing, but there is no particular form required. It is far easier and less expensive to send out a simple demand for bill of particulars than it is to draft interrogatories or to prepare for and take a deposition. A “demand for bill of particulars” enables a defendant to discover what was being claimed and to prepare for trial.Įxamples of common counts in which a defendant may serve a demand for bill of particulars on the plaintiff include open book accounts, for labor and materials furnished under a contract, for monies loaned, and for money had and received.Ĭode of Civil Procedure § 454 provides: ““It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof.”Īlthough written discovery such as interrogatories and oral depositions can be used for the same purpose, the bill of particulars remains an effective alternative procedure. When a plaintiff sues on a “common count”, the complaint usually gives no specifics as to the nature of the claim. There is a little known, infrequently used, procedure in California called a Demand for Bill of Particulars which enables defendants who have been sued generally on a common count to force plaintiff to itemize the account on which the complaint is based.
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