The “purpose of a bill of particulars to amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information, not contained in the pleading, to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied on by the pleader…”(Virata v. ![]() This is in contrast to a Bill of Particulars that is submitted by a party whose pleading is being complained about after the court orders the submission of the details requested. To be clear, in civil cases, the Motion for Bill of Particulars points out the defects and the details desired in a Complaint before the filing of an Answer, in an Answer before the filing of a Reply, or in a Reply before the filing of a Rejoinder. ![]() (see Section 1, Rule 12 and Section 9, Rule 116). In such a situation, before responding to a pleading or before the accused is arraigned, a party may file a motion for a bill of particulars identifying the defects in the subject pleading and the details desired. There are instances, however, in both civil and criminal cases, when the drafting of the complaint or information is defective or vague. It is the duty of the State in indicting the accused to apprise him or her of the crime allegedly committed, its elements, the manner of its commission, and the jurisdiction of the court to hear, try, and decide the case. The requirement of sufficiency of information goes back to the constitutional right of the accused “to be informed of the nature and cause of accusation against him” (Section 14, Article III, 1987 Constitution). In criminal cases, “ complaint or information is sufficient if it states the name of the accused the designation of the offense given by the statute the acts or omissions complained of as constituting the offense the name of the offended party the approximate date of the commission of the offense and the place where the offense was committed” (Section 6, Rule 110, Rules of Criminal Procedure). The purpose of this provision is to make the parties’ litigants aware of the facts in controversy and the issues sought to be resolved by the courts. Pleadings in civil cases must contain “in a methodical and logical form, a plain, concise and direct statement of the ultimate facts, including the evidence on which the party pleading relies for his claim or defense” (Section 1, RRules of Civil Procedure). ⇒ 2023 Federal Rules of Criminal Procedure book - Just $12.“If there is a defect in the criminal information or if the facts charged do not constitute an offense, the court shall order an amendment of the information instead of quashing it” The government may amend a bill of particulars subject to such conditions as justice requires. The defendant may move for a bill of particulars before or within 14 days after arraignment or at a later time if the court permits. The court may direct the government to file a bill of particulars. Unless an additional or different offense is charged or a substantial right of the defendant is prejudiced, the court may permit an information to be amended at any time before the verdict or finding. Upon the defendant’s motion, the court may strike surplusage from the indictment or information. Unless the defendant was misled and thereby prejudiced, neither an error in a citation nor a citation’s omission is a ground to dismiss the indictment or information or to reverse a conviction. For purposes of an indictment referred to in section 3282 of title 18, United States Code, for which the identity of the defendant is unknown, it shall be sufficient for the indictment to describe the defendant as an individual whose name is unknown, but who has a particular DNA profile, as that term is defined in section 3282. For each count, the indictment or information must give the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. A count may allege that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. ![]() A count may incorporate by reference an allegation made in another count. It need not contain a formal introduction or conclusion. The indictment or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged and must be signed by an attorney for the government. An offense punishable by imprisonment for more than one year may be prosecuted by information if the defendant-in open court and after being advised of the nature of the charge and of the defendant’s rights-waives prosecution by indictment. An offense punishable by imprisonment for one year or less may be prosecuted in accordance with Rule 58(b)(1). (B) by imprisonment for more than one year. An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable:
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