Although usually requested by a defendant, it can be demanded by a plaintiff if the defendant makes a counterclaim for a setoff or asserts a defense against him or her. In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. However, requests for further and better particulars relate to pleadings (which define the issues), and interrogatories relate to evidence (which proves or disproves pleaded allegations).A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. Requests for further and better particulars are sometimes confused with interrogatories. If the respondent to the request believes that the allegation was sufficiently particularised, and that the requesting party is simply fishing for more information or just being difficult, they would issue a short reply: "Not entitled" or "Sufficiently pleaded". Whether the Plaintiff avers that the complaints (or any of them) were made with respect to the dog which the Plaintiff alleges bit him.To which members of the Plaintiff's family the complaints are alleged to have been made and.Whether the complaints alleged to have been made were made orally, in writing or otherwise.When, during the months of June, July and August, the complaints were alleged to have been made.On how many occasions the Plaintiff alleges he complained as aforesaid."Of " Between the months of June and August, the Plaintiff repeatedly complained to members of the Defendant's family that the Defendant's family's dogs were trespassing on his property", please state:.Accordingly, the Defendant could reasonably ask for the allegation to be better particularised so that he may plead to it properly.Ī request for further and better particulars of the example above might read: Similarly, to either "not admit" or deny the allegation would invite a finding against himself on that point, and may lead to an award of costs. If the Defendant was aware of only two complaints that the Plaintiff had made to his wife, which related to a dog otherwise unconnected with the lawsuit, the Defendant would be very unwise to admit the allegation. "Between the months of June and August, the Plaintiff repeatedly complained to members of the Defendant's family that the Defendant's family's dogs were trespassing on his property.".An insufficiently pleaded allegation would otherwise cause difficulty to reply to.Īn example of an insufficiently particularised allegation in a pleading might be:
The party who believes that the facts are insufficiently pleaded will issue a request for further and better particulars or a more particular statement of the relevant document. In pleading, further and better particulars refers to additional information required to provide sufficient accuracy with respect to a set of pleaded facts in an earlier document. JSTOR ( December 2009) ( Learn how and when to remove this template message).Unsourced material may be challenged and removed.įind sources: "Further and better particulars" – news
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