#FLORIDA BILL OF PARTICULARS TRIAL#

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.

#FLORIDA BILL OF PARTICULARS TRIAL#

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. A Bill of Particulars is defined as 'a defense request that the state provide specificity and clarification on the details of the alleged offense in order to minimize surprise at trial and ensure that the defendant’s constitutional rights are protected', it is found at Florida Rule of Criminal Procedure 3.140 and applies strictly to more. 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. Case Law - Decisions of federal and state courts interpreting and applying. A bill of particulars is neither a pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. Bill of Particulars - A demand by a defendant in writing, unless otherwise. A law enforcement agency may, by a subsequent written request, revoke such delay as of a specified date or extend the period set forth in the original request. 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.

Florida bill of particulars