The request shall promptly be filed and served as provided in Rule 576. Accordingly, “the procedural implementation of MCL 767.44 assures that the defendant will have notice in advance of trial of the factual basis underlying the alleged offense.” Johnson, 427 Mich at 110. (A) A request for a bill of particulars shall be served in writing by the defendant upon the attorney for the Commonwealth within 7 days following arraignment. “Once a bill of particulars is supplied, a defendant has a right ‘to have the trial confined to the particulars set up therein.’” Id. at 110, quoting People v Ept, 299 Mich 324, 326 (1941). Any party may require any other party to give a bill of particulars of such party’s claim, or a copy of the items of the account alleged in a pleading. However, MCL 767.44 requires a bill of particulars if seasonably requested by the respondent. Īccordingly, “hen a statutory short-form information is used, the defendant has a statutory right to a bill of particulars, while when the common law long-form of information is used, the trial court may in its discretion order a bill of particulars.” People v Johnson, 427 Mich 98, 109-110 (1986). MCR 6.112(E) provides that the court, on motion, may order the prosecutor to provide the defendant a bill of particulars describing the essential facts of the alleged offense. Contact our office today or call us at (718) 409-5500 to schedule a free consultation. murdered C.D.” the statutory short form for manslaughter is “A.B. We are adept at handling all aspects of your New York personal injury claim, including the Bill of Particulars. For example, the statutory short form for murder is “A.B.
If it is incomplete and some theory is left out, then you may not be able to claim damages based on that theory during the trial. People v Strutenski, 39 Mich App 72, 73 (1972). Therefore, a Bill of Particulars should have all the information asked by the defense, and should list in detail the nature of your injuries, medical costs, and lost income. MCR 6.112(E) provides that “he court, on motion, may order the prosecutor to provide the defendant a bill of particulars describing the essential facts of the alleged offense.” However, MCL 767.44 requires a bill of particulars “if seasonably requested by the respondent” MCL 767.44 provides “statutory short forms” that may be used in the bill of particulars.