Legal Definitions - statement of particulars

A statement of particulars is another term for a bill of particulars. It is a formal, written request made by one party in a lawsuit to the opposing party, asking for more specific and detailed information about the claims or allegations made in their initial legal filing (such as a complaint in a civil case or an indictment in a criminal case).

The primary purpose of a statement of particulars is to clarify vague or general statements, allowing the requesting party to understand the precise nature of the claims against them. This helps them to:

• Prepare an adequate defense.
• Avoid being surprised by new information or arguments at trial.
• Narrow down the issues that need to be proven or disproven in court.

Essentially, if a legal document makes broad accusations without sufficient detail, a party can request a statement of particulars to compel the other side to provide the specific facts, dates, amounts, or events that support their claims.

Examples:

• Civil Case - Personal Injury: Imagine a lawsuit where a pedestrian sues a driver for negligence after an accident. The pedestrian's initial complaint states they suffered "significant physical injuries" and "lost substantial income" as a result. The driver's legal team might file a request for a statement of particulars. They would ask the pedestrian to specify:

  • How this illustrates the term: The driver's request for specific details about the injuries (e.g., exact diagnoses, medical treatments received, duration of recovery) and the lost income (e.g., employer, specific dates of missed work, exact amounts) is a statement of particulars. It forces the pedestrian to provide the concrete facts supporting their general claims, enabling the driver to investigate and prepare a defense regarding the extent of damages.

• Civil Case - Contract Dispute: A software company sues a client, alleging "multiple breaches of contract" for failing to pay for services rendered. The client, believing they fulfilled their obligations, might request a statement of particulars from the software company.

  • How this illustrates the term: The client would ask the software company to identify the specific clauses of the contract that were allegedly breached, the exact dates of each alleged breach, the specific services for which payment was not received, and the precise amounts owed for each instance. This detailed information allows the client to understand the exact nature of the accusations and gather evidence to refute them.

• Criminal Case - Fraud: In a complex criminal case, a defendant is indicted on a charge of "conspiracy to commit financial fraud" over a multi-year period. The indictment might be broad, listing general fraudulent activities without specific transactions or dates. The defendant's attorney could file a motion requesting a statement of particulars.

  • How this illustrates the term: The attorney would ask the prosecution to provide specific details about the alleged conspiracy, such as the dates and locations of specific fraudulent transactions, the names of individuals involved in each transaction, and the exact financial instruments or methods used. This helps the defense understand the precise allegations they need to prepare against, rather than facing a vague, overarching charge.