Where the indictment itself and the bill of particulars supplied by the government provide the defendant with adequate information with which to conduct his defense, additional requests for particulars should be denied. See also Davis, 582 F.2d at 951 ("generalized discovery is not a permissible goal of a bill of particulars"). 962 (1979).Ī bill of particulars should not be expanded into a device to circumvent the restrictions on pretrial discovery of specific evidence contained in Fed. The general purposes of a bill of particulars are to inform the defendant of the charges against him with sufficient precision to: (1) enable him to prepare his defense, (2) obviate surprise at trial, and (3) enable him to plead his acquittal or conviction in the case as a bar to subsequent prosecution for the same offense. 7(f) provides, in part, that "he court may direct the filing of a bill of particulars." The decision whether to grant or deny a bill of particulars is committed to the sound discretion of the trial court. Purposes and Requirements of a Bill of Particularsįed. Accordingly, there is no need for a formal bill of particulars in this case and therefore the defendant's Motion should be denied. In addition, this Response voluntarily provides defendant with further details regarding the Indictment. The Indictment in the case and the extensive discovery to be afforded the defendant prior to trial will be sufficient to fully apprise him of the charges pending against him and to enable him to prepare for trial. The United States of America, through its undersigned attorney, hereby responds to Defendant's Motion for Bill of Particulars. UNITED STATES' RESPONSE TO DEFENDANT'S MOTION FOR BILL OF PARTICULARS HOUSTON DIVISION UNITED STATES OF AMERICAġ5 U.S.C. For an official signed copy, please contact the Antitrust Documents Group. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. this harassment caused severe emotional distress.This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting).For example, if you are suing an abusive partner in civil court for money damages because you were harassed, you might sue based on “intentional inflection of emotional distress.” Generally, the elements that you’d need to prove might be that: If you do not cover all of the necessary elements, then the judge might dismiss your claim. If a statute controls your case, meaning that the specific things you need to prove to get the relief you are asking for are set out in a state or federal law, then you should read the statute to see if there are certain things that you need to prove these are called “elements.” You will need to keep the elements of the case in mind as you are expanding on your claims in the bill of particulars. If there are certain incidents that happened for which you cannot recall details and others where you can vividly remember details, you may decide to only include the ones that you know you can testify to. Make sure you are truthful and accurate in your bill of particulars because any inconsistencies between what you include in the bill and testimony that you give in a deposition or trial can be used to damage your credibility and your case. Plaintiff estimates the entire attack to have lasted three to five minutes.” The Defendant suffered a broken nose as a result of the blows, along with other physical pain and bruising. These blows landed around the head, neck, and shoulder area of the Defendant. For example, you might respond with this level of detail for each incident: “On or about Decemat 7:00 pm the Defendant shoved Plaintiff to the ground in the kitchen of their marital home and struck Plaintiff approximately 12 times with closed fists. For example, if you filed a divorce action based on the ground of cruel and inhuman treatment, you may have just alleged in your petition that you were “subjected to cruel and inhuman treatment during the marriage.” The request for a bill of particulars may say: “Defendant hereby demands a bill of particulars setting forth the specifics of the alleged cruel and inhuman treatment.” In the bill of particulars that you write up, you will explain exactly what you meant by cruel and inhuman treatment, while keeping in mind what you can prove at trial, and the approximate dates that the incidents happened. You need to think about what it is that you need to prove to the judge in order to win your case and then explain in more detail the general allegations that you made in your complaint or petition. When you receive a request for a bill of particulars, you should first read it over very carefully and then read your complaint or petition.
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