![]() ![]() 26 (Surrogate’s Court, Suffolk County, Surr. In re Estate of Joseph DiMattina, New York Law Journal, December 10, 2003, p. ![]() Although the fiduciary had the burden of proof on this issue, once this burden was satisfied, the objectants had the burden of coming forward with evidence to establish that the account was inaccurate.Īccordingly, the objectants were directed to supply a supplemental bill of particulars with greater specificity, or risk being precluded from providing any evidence concerning the issues at trial. Further, the Court held that objectants had to supply a list of personalty they claimed was part of the estate. While these responses might only be adequately provided after examination of the fiduciary, the Court determined that objectants had the obligation of stating that to be the case if true. Specifically, the Court noted that one question of the demand was evidentiary in nature and beyond the scope of a bill, while the responses to other demands were so vague and general as to be virtually useless to the petitioner. Upon consideration of the bill of particulars supplied by the objectants, the Court found that while it failed to respond to several of the petitioner’s demands, it was not so defective as to warrant preclusion. The Court opined that an order of preclusion should only be granted under circumstances which demonstrated that a party’s failure to comply with a disclosure order was willful and deliberate. Information: a formal charging document filed by a prosecutor that accuses a defendant of a crime and outlines the evidence against them.In a contested accounting proceeding, motion was made, inter alia, for an order of preclusion based upon the objectants’ failure to provide an adequate bill of particulars.Indictment: a formal accusation of a crime handed down by a grand jury after they review evidence and determine that there is enough cause to bring charges.Complaint: a legal document filed by a plaintiff that initiates a lawsuit by making specific allegations against the defendant.Legal Terms Similar to Bill Of Particulars In a discrimination lawsuit, the plaintiff might submit a Bill of Particulars outlining specific instances of discriminatory behavior, including dates, times, and locations.In a personal injury lawsuit, the plaintiff includes a Bill of Particulars detailing the injuries sustained, the medical treatment received, and the estimated cost of future medical care.In a breach of contract lawsuit, the plaintiff submits a Bill of Particulars outlining the specific breach, the damages suffered, and any other relevant information.In the United States, Bills of Particulars are usually used in civil cases, although they may be requested in criminal cases as well. ![]() The concept of a Bill of Particulars dates back to English common law, where it was used as a way to prevent surprise or uncertainty in legal proceedings. The document serves two main purposes: to inform the defendant of the specific details of the plaintiff's claim, and to provide a framework for the defendant to prepare a defense. History and Meaning of Bill Of ParticularsĪ Bill of Particulars is a document submitted by the plaintiff in a lawsuit that details the facts, charges, and/or evidence that will be presented in the case. In a claim for damages details showing the principal amount as per the agreement, incidental losses, indirect losses, interest etc to sum up the total damages claimed. ![]() (n) Bill of Particulars is the informal detailing of the claim or demand amount made by a party which assists the defendant to study and evaluate the basis of the claim. ![]()
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