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BILL OF PARTICULARS
practice. A detailed informal statement of a
plaintiff is cause of action, or of the defendantss set-off.
2. In all actions in which the plaintiff declares generally, without
specifying his cause of action, a judge upon application will order him to
give the defendant a bill of the particulars, and in the meantime stay,
proceedings. 3 John. R. 248. And when the defendant gives notice or pleads
a set-off, he will be required to give a bill of the particulars of his
set-off, on failure of which he will be precluded from giving any evidence
in support of it at the trial. The object in both cases is to prevent
surprise and procure a fair trial. 1 Phil. Ev. 152, 3 Stark Ev. 1055. The
bill of particulars is an account of the items of the demand, and states in
what manner they arose. Mete. & Perk. Dig. h. t. For forms, see Lees Dict.
of Pr., Particulars of demand.
Source: Bouviers Law Dictionary 1856 Edition
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