§ 3043 — Bill of particulars in personal injury actions

New York § 3043

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

Text

Rule 3043. Bill of particulars in personal injury actions. (a)\nSpecified particulars. In actions to recover for personal injuries the\nfollowing particulars may be required:\n (1) The date and approximate time of day of the occurrence;\n (2) Its approximate location;\n (3) General statement of the acts or omissions constituting the\nnegligence claimed;\n (4) Where notice of a condition is a prerequisite, whether actual or\nconstructive notice is claimed;\n (5) If actual notice is claimed, a statement of when and to whom it\nwas given;\n (6) Statement of the injuries and description of those claimed to be\npermanent, and in an action designated in subsection (a) of section five\nthousand one hundred four of the insurance law, for personal injuries\narising out of negligence in the use or operation of a motor vehicle in\nthis state, in what respect plaintiff has sustained a serious injury, as\ndefined in subsection (d) of section five thousand one hundred two of\nthe insurance law, or economic loss greater than basic economic loss, as\ndefined in subsection (a) of section five thousand one hundred two of\nthe insurance law;\n (7) Length of time confined to bed and to house;\n (8) Length of time incapacitated from employment; and\n (9) Total amounts claimed as special damages for physicians' services\nand medical supplies; loss of earnings, with name and address of the\nemployer; hospital expenses; nurses' services.\n (b) Supplemental bill of particulars without leave. A party may serve\na supplemental bill of particulars with respect to claims of continuing\nspecial damages and disabilities without leave of court at any time, but\nnot less than thirty days prior to trial. Provided however that no new\ncause of action may be alleged or new injury claimed and that the other\nparty shall upon seven days notice, be entitled to newly exercise any\nand all rights of discovery but only with respect to such continuing\nspecial damages and disabilities.\n (c) Discretion of court. Nothing contained in the foregoing shall be\ndeemed to limit the court in denying in a proper case, any one or more\nof the foregoing particulars, or in a proper case, in granting other,\nfurther or different particulars.\n