§ 3042 — Procedure for bill of particulars

New York § 3042

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 30: Remedies and Pleading

Text

Rule 3042. Procedure for bill of particulars. (a) Demand. A demand for\na bill of particulars shall be made by serving a written demand stating\nthe items concerning which particulars are desired. Within thirty days\nof service of a demand for a bill of particulars, the party on whom the\ndemand is made shall serve a bill of particulars complying with each\nitem of the demand, except any item to which the party objects, in which\nevent the reasons for the objection shall be stated with reasonable\nparticularity. The assertion of an objection to one or more of the items\nin the demand shall not relieve the party on whom the demand is made\nfrom the obligation to respond in full within thirty days of service of\nthe demand to the items of the demand to which no objection has been\nmade.\n (b) Amendment. In any action or proceeding in a court in which a note\nof issue is required to be filed, a party may amend the bill of\nparticulars once as of course prior to the filing of a note of issue.\n (c) Failure to respond or to comply with a demand. If a party fails to\nrespond to a demand in a timely fashion or fails to comply fully with a\ndemand, the party seeking the bill of particulars may move to compel\ncompliance, or, if such failure is willful, for the imposition of\npenalties pursuant to subdivision (d) of this rule.\n (d) Penalties for refusal to comply. If a party served with a demand\nfor a bill of particulars willfully fails to provide particulars which\nthe court finds ought to have been provided pursuant to this rule, the\ncourt may make such final or conditional order with regard to the\nfailure or refusal as is just, including such relief as is set forth in\nsection thirty-one hundred twenty-six of this chapter.\n (e) Service of improper or unduly burdensome demands. If the court\nconcludes that the demand for particulars, or a part thereof, is\nimproper or unduly burdensome, in addition to vacating or modifying the\ndemand, the court may make such order with regard to the improper or\nunduly burdensome demand as is just.\n