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What is the bills of particular? Can I request the production of BOP at a deposition?

Van Nuys, CA |
Filed under: Discovery

In the complaint, plaintiff claims certain amount of damage of overhead loss due to my breach of contract, is BOP an appropriate document to request? Can I request it at the depo or I have to request it separately?

Attorney Answers 2


  1. No it is not

    And, it is not for a deposition

    You may ask questions on cross examination at a deposition

    You might consider hiring counsel to be your advocate. These questions reveal a lack of understanding.


  2. A Bill of Particulars can only be requested under certain circumstances. You can demand a BOP only if there is at least one of the following causes of action asserted against you in the plaintiff's complaint: Open book account, For labor and materials furnished under a contract, For monies loaned, and For "money had and received." These are known as Common Counts. A Demand for Bill of Particulars needs to be served on the other side.

    For further information on a BOP, please see California Code of Civil Procedure section 454.

    Because a BOP is not a document already in the possession of the plaintiff, but is a compilation created upon the demand being made, you cannot simply demand its production in a deposition or by way of a Request for Production of Documents. In those two devices you can only ask for documents that exist at the time of the service of those devices.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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