Motion for Bill of Particulars

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MSOpinion Motion for Bill of Particulars “If there is a defect in the criminal information or if the facts charged do not constitute an offense, the court shall order an amendment of the information instead of quashing it”

points out the defects and the details desired in a Complaint before the filing of an Answer, in an Answer before the filing of a Reply, or in a Reply before the filing of a Rejoinder.

Put simply, its purpose it to “apprise the opposite party of the case which he has to meet, to the end that the proof at the trial may be limited to the matters specified, and in order that surprise at, and needless preparation for, the trial may be avoided, and that the opposite party may be aided in framing his answering pleading and preparing for trial” .

The , therefore, remains to be a potent procedural tool to address vague, indefinite, uncertain or general allegations in pleadings, thereby preventing surprises during trial. “During arraignment, the accused is granted the opportunity to fully know the precise charge that confronts him and [is] made fully aware of possible loss of freedom, even of his life, depending on the nature of the crime imputed to him… thus [it] ensures that an accused [is] fully acquainted with the nature of the crime imputed to him in the Information…” .

“If the Information fails to comply with this basic standard, it would be quashed on the ground that it fails to charge an offense. Of course, an Information may be sufficient to withstand a motion to quash, and yet insufficient [to] inform the accused of the specific details of the alleged offenses” .

 

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