Legal Definitions - bill of particulars

A bill of particulars is a formal written request made by one party in a lawsuit, typically the defendant, asking the other party (the plaintiff) to provide more specific details about the claims or allegations made in the initial complaint. Its primary purpose is to clarify vague or general statements, allowing the requesting party to better understand the accusations against them and prepare an adequate response or defense.

Here are some examples to illustrate how a bill of particulars works:

• Example 1: Personal Injury Lawsuit

  Imagine a plaintiff files a lawsuit against a driver, claiming they suffered "severe and lasting injuries" due to the driver's negligence. The initial complaint might be quite general. The defendant driver, needing to understand the full scope of the claim to prepare their defense, might request a bill of particulars. In response, the plaintiff would have to provide a detailed list specifying:

  • The exact nature of each injury (e.g., fractured tibia, herniated disc, concussion).
  • The specific medical treatments received (e.g., surgery dates, physical therapy sessions).
  • The total amount of medical expenses incurred.
  • Any lost wages or income, including the period of time unable to work.
  • The specific ways in which the defendant was allegedly negligent (e.g., speeding, running a red light).

  This example illustrates how a bill of particulars transforms a broad claim of "severe injuries" into a precise itemization of damages and alleged wrongdoing, enabling the defendant to investigate and respond to each specific point.

• Example 2: Contract Dispute

  Consider a situation where Company A sues Company B, alleging "breach of contract" because Company B failed to perform "various obligations" under their agreement. Company B, unsure which specific parts of the contract were allegedly violated, could demand a bill of particulars. Company A would then be required to provide a detailed breakdown, such as:

  • The specific clauses or sections of the contract that were allegedly breached.
  • The exact dates or periods when these breaches occurred.
  • A description of how Company B's actions constituted a breach for each specific obligation.
  • How Company A calculated the financial damages resulting from each alleged breach.

  This example demonstrates how a bill of particulars helps to narrow down a general accusation of "breach of contract" to concrete, actionable claims, allowing Company B to understand precisely what it is accused of and prepare its legal arguments.

• Example 3: Construction Defect Claim

  A homeowner sues a construction company, claiming "defective workmanship" in their newly built house. The construction company, needing to know the exact nature and location of the alleged defects to assess the claim, might request a bill of particulars. The homeowner would then be required to provide a specific list, including:

  • Each specific defect (e.g., leaky roof, cracked foundation, faulty electrical wiring).
  • The precise location within the house where each defect is found.
  • The approximate date when each defect was first discovered.
  • Any attempts made to repair the defects and the costs associated with those attempts.
  • The estimated cost to repair each specific defect.

  This example shows how a bill of particulars takes a general complaint about "defective workmanship" and turns it into a detailed inventory of specific issues, allowing the construction company to investigate each claim individually and formulate a defense or a plan for remediation.