![]() ![]() ![]() After some delay caused in part by the necessity of obtaining guardianship of the infant's property, the father eventually filed objections on the infant's behalf. Although the guardian ad litem for the infant filed a report indicating that he found no basis to object to the admission of the will to probate, the infant's father disagrees. The decedent's only distributees are the petitioner, the infant grandson for whom a guardian ad litem was appointed and another grandson who consents to the probate of the propounded instrument. The decedent died on Septemat the age of 73. State codes of Criminal Procedure and the Federal Rules of Criminal Procedure regulate the use of bills of particulars in criminal prosecutions in their respective courts.In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to preclude the objectant, the guardian of the property of one of the decedent's grandchildren who is an infant, from offering any evidence or testimony in this proceeding on the grounds that the objectant's bill of particulars was untimely served (81 days after the demand instead of 30 days) and 15 days after all disclosure was to be completed, and that the responses therein are not in conformity with the specificity requirement set forth in Uniform Rules for the Surrogate's Court ( 22 NYCRR) ยง 207.23 (a). 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. 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. 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. A bill of particulars is neither a Pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. 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. ![]()
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