WHEREFORE, defendant most respectfully prays that an order be issued by this Honorable Court requiring the plaintiff to make more definite statement as to the particulars of the check mentioned in paragraph 5 of his complaint, particularly stating its amount, check number, date, and the name of the drawee bank. Within 14 days of service of the Particulars of Claim, a Defendant must file at.
x x x(underscoring supplied)Ģ.The said allegation is not averred with sufficient definiteness and particularity, specifically it does not mention the amount of the check therein mentioned, its check number, date, and the drawee bank ģ.That a more definite statement on the matters as above-indicated is necessary in order to enable the defendant to prepare its responsive pleading because from the very onset of this controversy, the main dispute was on what was actually and exactly agreed upon by the parties as the amount of monthly rentals on the lease of plaintiff's property Ĥ.However, due to the fact that defendant corporation had to transfer its liaison offices depending on its project sites, the check stub where the above-mentioned check came from was probably misplaced and could no longer be found ĥ.That a bill of particulars or a more definite statement as to particulars of the said check which was allegedly issued by the defendants as partial payment for the first month would definitely simplify the issues in this case, and hopefully uncomplicate the negotiations between the parties for an amicable settlement. For example, a debt recovery matter should comply with the Pre-Action.
The check that he issued as partial payment for the first month also bounced. A particular statement of any and all other special damages to be claimed. A bill of particulars is a written statement giving details of a lawsuit filed in a General. You have to point out the specific allegation that you want the other side to expand on and make sure s/he knows what other information or explanation you need. This weeks legal term of the week is Bill of Particulars. The Demand for a Bill of Particulars presumes that the plaintiff suing has a book or contemporaneous ledger or an accoun t to support any charges when the complaint was filed and provides a court process to require that it be presented upon demand. That the plaintiff's complaint in paragraph 5 alleges:įrom August 3 to December 2003, defendant never paid anything to herein plaintiff. In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon. In your demand for a bill of particulars, you will ask the other side to expand on or explain their allegations. The particulars of claim are either contained in the claim form or served on the defendant with the claim form (or within a specified period).
1-Motion for Bill of Particularsĭefendant, through the undersigned counsel and unto this Honorable Court, respectfully avers:ġ. Under the Civil Procedure Rules, a document setting out the case of the claimant and specifying the facts relied upon.
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