![]() ![]() The defendant argued that the district court should not have denied his motion for a bill of particulars. Eventually, the defendant was convicted on all three counts. Further, once the victim’s parents found out they reported the activity to Social and Rehabilitation Services. The defendant stated that he refused the victim’s request but the victim said otherwise. Allegedly, the victim saw a sexually explicit program on television and approached the defendant asking him if he would perform sexual acts on her. Frequently, the victim would spend the night at the defendant’s house. The victim was seven years old and the stepdaughter of the defendant’s stepson. In this case, the defendant was charged with one count of aggravated criminal sodomy and two counts of aggravated indecent liberties with a child. In addressing this question, the court found that decision to require the State to file a bill of particulars was generally up to the trial court, except in such cases where the complaint itself was insufficient to inform the accused of the charges against which he or she must defend. This case explored the question of when the State has to file a bill of particulars. When does the State have to file a Bill of Particulars? The following case answers the question above. Lawyers and other courts then can rely on that ruling when they have a similar issue in their case. When the court decides a certain meeting to the law it essentially answers a legal question. The legislature can’t anticipate every possible fact scenario when they pass a law, so it lay to the courts to interpret the law and give guidance to what it means. Sometimes the black letter law passed by the legislature is unclear. ![]() Frequently Asked Criminal Defense Questions.A Step by Step Guide to a Criminal Case.Frequently Asked Personal Injury Questions.A Step by Step Guide to a Personal Injury Case.State codes of criminal procedure and the Federal Rules of Criminal Procedure regulate the use of bills of particulars in criminal prosecutions in their respective courts. As in civil procedure, a bill of particulars is not intended to serve as a discovery device. The defendant is given notice of the offenses with which he or she is charged so that a defense may be prepared and the possibility of surprise or double jeopardy avoided. It is submitted by the prosecution to the defendant, at the defendant's demand, to provide the facts alleged in the complaint or the indictment that related to the commission of the crime. In criminal law, a bill of particulars serves the same purpose. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied. In federal courts the Federal Rules of Civil Procedure have replaced the use of a bill of particulars with a motion for a more definite statement. ![]() State codes of civil procedure impose rules that govern the use of bills of particulars in civil actions brought in state court. It is not to be used as a discovery device to learn the evidence or strategy to be used at trial by the opposing party. A bill of particulars is neither a pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. It also serves to expedite the orderly progress of judicial proceedings by reducing, if not eliminating, the need for the amendment of ambiguous or vague pleadings. Its function is to give the party who requests it knowledge of what the opposing party has alleged in order to protect the party requesting the bill from surprise and in order to establish the real issues of the action. A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. 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. 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. ![]()
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