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

Van Nuys, CA |

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?

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Attorney answers 2


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.


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.

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