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.
Criminal Defense Attorney
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.
Personal Injury Lawyer
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.
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.