In a criminal case, it is an itemized statement prepared by the prosecution and informing the accused of the charges in a. In a civil case, it is a formal statement prepared by a plaintiff or a defendant itemizing a claim or counterclaim in a suit. 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 bill of particulars is an itemization of charges, claims, or counterclaims in an action. “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). 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). murdered C.D.” the statutory short form for manslaughter is “A.B. For example, the statutory short form for murder is “A.B. What can be demanded in the Bill of Particulars is dependent on the facts. Although a Bill of Particulars technically is not discovery, it can be used to get information about a claim or defense. People v Strutenski, 39 Mich App 72, 73 (1972). A Demand for a Bill of Particulars is a list of written questions from one party to another asking for details (particulars) about a claim or defense. 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.
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