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Does a plaintiff in a personal injury tort lawsuit need to file a bill of particulars, or is that

Bayshore, NY |

Does a plaintiff in a personal injury tort lawsuit need to file a bill of particulars, or is that something the defendant would file for the plaintiff to respond to? Thank you.

Attorney Answers 3

Posted

The defendant serves a demand for a bill of particulars and the plaintiff responds. The plaintiff can serve a demand for a bill of particulars as to affirmative defenses on the defense and the defense responds.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Thank you so much. You guys at Avvo are the best!

Posted

Yes- plaintiff must serve Bill of particulars. Defendants (if they raise affirmative defenses) must also serve the plaintiff with bill of particulars as to affirmative defenses.

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Asker

Posted

Thank you so much

Michael Byk

Michael Byk

Posted

Sure. Are you representing yourself ?

Asker

Posted

No. I have a lawyer but he is healing from a bad injury so I am trying to do whatever I can to make it easier :)

Michael Byk

Michael Byk

Posted

I see. Well, you are doing a great job, good luck :)

Asker

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Thank you so much. You guys are the best here at Avvo!

Posted

the defendant serves a demand for a bill of particulars and the plaintiff prepares a bill of particulars. A plaintiff can demand a bill of particulars of affirmative defenses and the defendant has to prepare that document and serve it on the plaintiff. The BP as we call it contains a lot of information about the Plaintiff's case and takes a good deal of time to prepare.

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Thank you so much

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