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Bill of Particulars ordered by Judge

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ggo0405

Guest
What is the name of your state? virginia
our business is assisted living for seniors. we are taking a responsible party to court for unpaid room & board on a discharged resident. he has retained a lawyer. the lawyer has requested of the judge a bill of particulars. the judge has submitted this to us, can i fill it out or does it have to be done by an attorney? also, is there any examples of a format to follow when filling one out if a lawyer does not have to be the one taking care of this matter. i think this is a tactic by the responsible party to get out of paying so that is why i need info as to a lawyer's responsiblity or can it be done internally?
 


Shay-Pari'e

Senior Member
A Bill of Particulars (BOP) is a legal instrument in which the accused requests the right to face his accusers in court and asks specifically what the charges are against him. In a Court of Law a BOP can not be dismissed and must be answered by the other party. The only redress of the party from whom a BOP is requested is to complain to the court, that what the BOP asks for is unintelligible (make sure your BOP makes sense). Or the party from whom the BOP is requested may ask for a continuance. Whatever the scenario, one way or another a BOP must be answered. If it is not answered within a given period, the time limit is stipulated in the BOP, then the accused files a "motion of dismissal". At which point the charges become null and void.

It is your choice to fill it out or have a attorney do so.
 
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coosi

Guest
You need to keep this thread together to get useful replies. INstead of "new message" click "reply" to respond...
 

JETX

Senior Member
Actually, a "Bill of Particulars" is a written itemization of claims which a defendant in a lawsuit can demand of the plaintiff to find out what are the details of the claims.

Some complaints or petitions are somewhat general in their nature and may not spell out the specific facts of the complaint. The "Bill of Particulars" is intended to clear up the issues.
For example, a general claim that defendant owes plaintiff $50,000 for goods delivered or damaged must be broken down so the defendant can understand and defend.

Since this goes to specific claims and the legal basis for each, if you intend on doing this yourself, I would suggest you at least have an attorney review the responses before submittal.
 

Shay-Pari'e

Senior Member
JETX said:
Actually, a "Bill of Particulars" is a written itemization of claims which a defendant in a lawsuit can demand of the plaintiff to find out what are the details of the claims.

Some complaints or petitions are somewhat general in their nature and may not spell out the specific facts of the complaint. The "Bill of Particulars" is intended to clear up the issues.
For example, a general claim that defendant owes plaintiff $50,000 for goods delivered or damaged must be broken down so the defendant can understand and defend.

Since this goes to specific claims and the legal basis for each, if you intend on doing this yourself, I would suggest you at least have an attorney review the responses before submittal.


Actually, a "BOP" is exactly as I stated. I even went so far as to stipulate that if it is not done the case will be dismissed.
 

JETX

Senior Member
"Actually, a "BOP" is exactly as I stated. I even went so far as to stipulate that if it is not done the case will be dismissed."
*** Sorry, but it isn't. For example, your post said that a BOP was "a legal instrument in which the accused requests the right to face his accusers in court". That 'right' has nothing to do with a BOP and is a right that all defendants inherently have.
 

Shay-Pari'e

Senior Member
What the heck am I gambling with? I am absolutely correct with my post, JETX just worded it differently.

It is a legal instrument that every person has a right to use.


BILL OF PARTICULARS - A detailed informal statement of a plaintiff's cause of action, or of the defendants's set-off.

In all actions in which the plaintiff declares generally, without specifying his cause of action, a judge upon application will order him to give the defendant a bill of the particulars, and in the meantime stay proceedings. And when the defendant gives notice or pleads a set-off, he will be required to give a bill of the particulars of his set-off, on failure of which he will be precluded from giving any evidence in support of it at the trial. The object in both cases is to prevent surprise and procure a fair trial. The bill of particulars is an account of the items of the demand and states in what manner they arose.
 
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Shay-Pari'e

Senior Member
Further more..............
--PARIDISE-- said:
A Bill of Particulars (BOP) is a legal instrument in which the accused requests the right to face his accusers in court and asks specifically what the charges are against him.
The above was my first response. This is exactly what JETX stated, just worded it differently.

Make note of the last part part of my quote. I do not gamble with my responses on this forum, I admit when I am wrong, apparently not something you can do Guru. I suppose you are of a select few that is immune from the spelling class also.
 
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ggo0405

Guest
I fully understand the premise for the BOP, what I'd like to know REALLY, is there a certain format that is used in filing the BOP? Can you give me an example or at least some idea of where I could go to see what it should look like (like a library, website, or a reference book). We have a company lawyer, but the claim we have for a judgement in small claims court is only for $900 or so. By the time I call the lawyer, explain the situation and he mulls it over for 15 mins. without even starting to produce any paperwork I've already cut the financial gain to $600. How about help here guys.....
 

JETX

Senior Member
I will let 'paradize' give you some help on this one...... his 'knowledge' is clearly cut from a textbook and not based on reality, it will be interesting to see where he takes you.
 

JETX

Senior Member
Paradise:
I have found where your 'confusion' may have arisen. The text that you 'cut-n-paste' is from an inane post regarding a CRIMINAL matter made by a non-attorney in Concord, CA. It can be found at:
http://www.lbduk.org/richard bill of particulars.htm

Your second post was also a 'cut-n-paste' that came from:
http://www.lectlaw.com/def/b103.htm

"Make note of the last part part of my quote. I do not gamble with my responses on this forum,"
*** You may not gamble, but you plaigerize others posts without any factual knowledge on what they are or how they are used or even if they are correct.
 
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Ramoth

Guest
OP, if you don't wish to use the company attorney, then just be clear and concise in your answers. Answer the question, and only the question.
 

Shay-Pari'e

Senior Member
Jetx, I am not going to play child like games with you on this persons thread. I have no problem cutting and pasting from searching out other sites as many on this forum don't either.

Poster, as Ram stated, answer every question and hire a attorney if need be.
 

JETX

Senior Member
"I have no problem cutting and pasting from searching out other sites as many on this forum don't either."
*** I admit that I also do so occasionally as it is simply faster than generating my own response. But a HUGE difference is that I understand the basic issues and know when a 'reference' is accurate and/or 'on point'.
'Some' simply do a quick search and cut-n-paste without ANY knowledge (and post criminal responses to civil matters!!).
 

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