Bill of particulars
A Bill of Particulars is a legal document that provides detailed information about the charges brought against a defendant in a criminal case. It serves to amplify the initial charging document, which may be a complaint, information, or indictment, and typically contains minimal information. Defense attorneys often file motions for a Bill of Particulars to ensure they fully understand the specifics of the allegations, especially when multiple offenses or counts are involved. This document is crucial for preparing a robust defense, helping to prevent surprises during the trial process. For instance, in cases of ongoing offenses, such as sexual assault spanning several years, a Bill of Particulars would clarify the specific dates, times, and locations of the alleged incidents. While it shares similarities with the discovery process, which is aimed at obtaining evidence for trial, a Bill of Particulars is specifically focused on outlining charges rather than producing evidentiary materials. Overall, it plays an essential role in promoting fair trials by equipping defendants with comprehensive knowledge of the accusations they face.
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Bill of particulars
SIGNIFICANCE:Defense attorneys file motions to obtain bills of particulars for their clients so they will know all the details of the charges against their clients and be better prepared to organize their defenses.
A bill of particulars amplifies the charging document, which can be a complaint, information, or indictment, depending on the jurisdiction. Charging documents typically contain minimal information. In such cases, defense attorneys file formal motions for, or informally request—depending on the jurisdiction—bills of particulars. The prosecution must then give the defense documents providing additional details about the charges listed in the complaints.
A bill of particulars is essential to defendants in cases in which multiple offenses, or multiple counts of the same offense, are charged, as the information they contain prevents later surprises and thereby helps ensure fair trials. For example, a sexual assault offense occurring over a period of years may be generally charged as a continuing course of conduct. A defendant against such a charge should request a bill of particulars to learn the specific dates, times, and places of the alleged offenses.
Defendants who have detailed information of the charges against them can intelligently prepare their defenses against the charges. While having the same general purpose as discovery —requested by either the prosecution or the defense, used to produce evidence that will be used at a trial—a bill of particulars differs from discovery in that it is not designed to produce evidence that will be used at a trial.
Bibliography
Emanuel, S. L. Criminal Procedure. Aspen, Colo.: Aspen Publishing, 2003.
Garner, Bryan A., ed. Black’s Law Dictionary. 8th ed. St. Paul, Minn.: Thomson/West, 2004.
Moore, Thomas A. and Matthew Gaier. "Bills of Particulars and Partial Summary Judgments." Law.com, 1 Apr. 2024, www.law.com/newyorklawjournal/2024/04/01/bills-of-particulars-and-partial-summary-judgment/. Accessed 21 June 2024.
Schiller, N. Criminal Procedure for the Criminal Justice Professional. Eagan, Minn.: West Publishing, 2001.