#A BILL OF PARTICULARS TRIAL#

Where there is a question whether or not the State has adequately disclosed the necessary information, all doubts should be resolved in favor of requiring disclosure so that the defendant is informed of the facts necessary to mount a complete defense.266Ģ63. Bill of Particulars: A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. However, the State is not required to disclose its theories or the manner in which it believes the crime was committed.265 : a detailed listing of charges or claims brought in a legal action or of a defendant's response or counterclaim. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. A defendant is entitled to be informed of the specific dates and/or, where relevant, time periods in which the events giving rise to the charge. DEMAND FOR BILL OF PARTICULARS - Demand for Verified Bill of Particulars July 19, 2019.

The court must balance the need to insure that the accused possesses the information necessary to prepare a complete defense against the government’s right not to disclose completely the detailed evidentiary facts and theories that is expects to prove at trial.264Ī criminal defendant is entitled to have the government state the central facts that will enable the defendant to conduct an investigation of the events giving rise to the charge.

#A BILL OF PARTICULARS TRIAL#

The availability and scope of a bill of particulars, and the sufficiency of the response thereto, are matters within the discretion of the trial court. The bill of particulars is designed (i) to inform the defendant of the specific nature of the charges where necessary to prepare a complete defense (ii) to prevent or minimize the possibility of a prejudicial surprise at trial and (iii) to protect against double jeopardy prosecutions.263 A criminal defendant may request a bill of particulars when the indictment fails to notify the defendant of the elements and the essential facts of the specific charges.

A bill of particulars