In General
Procedure for Making a Demand
Responding to a Demand
Objecting to a Demand
Failure to Respond to a Demand

In General

A Demand for a Bill of Particulars is a list of written questions from one party to another asking for details (particulars) about a claim or defense. Although a Bill of Particulars technically is not discovery, it can be used to get information about a claim or defense.

What can be demanded in the Bill of Particulars is dependent on the facts of each case. However, in personal injury cases, there is a statutory list of items which may be demanded. To see the list of items, click on CPLR 3043(a).

Continue reading below to learn more about Bills of Particulars. You may also click on CPLR 3042 to review the law yourself.

Procedure for Making a Demand

To make a Demand for a Bill of Particulars write the name of your case and its index number on the top of a page and make a list of questions as to the items about which you want more details. Each question should be separately numbered. Have someone who is over 18 and is not a party to the lawsuit either personally deliver a copy of the Demand to the other side’s attorney, or mail the Demand, preferably by regular first class mail with a certificate of mailing. The certificate of mailing can be used to prove the date you mailed the Demand. You should have the person who did the mailing fill out an Affidavit of Service before a notary public. You may download a free civil court form by clicking on Affidavit of Service. You should file the original of the Demand for a Bill of Particulars with the Court, along with the Affidavit of Service. Keep a copy of the Demand for a Bill of Particulars and Affidavit of service for your records.

Responding to a Demand

Generally, you have 30 days from the day you receive a Demand for a Bill of Particulars to respond to it. You must either answer the questions in the Demand or object to them (see below for information on how to object). Your answers to the questions is called a Bill of Particulars. To do a Bill of Particulars put the name and index number of the case on the top of the page. Answer each question, making sure the number of your answer matches the number of the question. Sign your name at the bottom of the Bill of Particulars in front of the notary. Then make a copy for yourself. Have someone who is over 18 and is not a party to the lawsuit deliver the notarized Bill of Particulars to the other side’s attorney, or mail the Bill of Particulars, preferably by regular first class mail with a certificate of mailing. The certificate of mailing can be used to prove the date you mailed your answers. You should have the person who did the mailing fill out an Affidavit of Service before a notary public. You may download a free civil court form by clicking on Affidavit of Service. You should file the original Bill of Particulars with the Court, along with the Affidavit of Service. Keep a copy of the Bill of Particulars and Affidavit of service for your records.

Objecting to a Demand

You have a right to object to a Demand for a Bill of Particulars if you feel the questions ask for more information than is necessary, or the questions are not specific enough, or on any other appropriate ground. Your objection must be in writing. You must make your objection within the same time frame as you have to respond to the request.

Failure to Respond to a Demand

If you failed to respond to a demand or fail to comply fully with a demand, the party seeking the Bill of Particulars may ask the court to order you to comply, or, if your failure to respond is willful, to impose penalties.