![]() ![]() Although interrogatories and depositions can now be used for the same purpose, the bill of particulars remains an alternative procedure and it has certain advantages, as well. Therefore, courts allowed a "demand for bill of particulars" to enable defendant to discover what was being claimed and to prepare for trial. When plaintiff sued on a common count, the pleadings gave no specifics as to the nature of the claim such as whether it was on a contract, quasi-contract, etc. This procedure dates back to early common law. However, on written demand by the defendant, the plaintiff is required to furnish a copy of the account on which the complaint is based or be precluded from giving evidence thereof. ![]() Therefore, it is not appropriate for the defendant to demur to the complaint on the ground of uncertainty. A demand for a bill of particulars is a procedure outside the Discovery Act, but it serves a discovery purpose in that it allows defendants who have been sued generally on an account (certain actions in contract or quasi-contract) to force plaintiff to itemize the account on which the complaint is based.Ī plaintiff who sues on an account is not required to set forth in the complaint the items of account. ![]() A demand for a bill of particulars in California is authorized by Code of Civil Procedure section 454 and is an excellent tool for forcing a plaintiff to itemize the total sum upon which the complaint is based. ![]()
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