Particulars



Particulars are often seen as concrete, spatiotemporal entities as opposed to abstract entities, such as properties or numbers. There are, however, theories of abstract particulars or tropes. For example, Socrates is a particular (there's only one Socrates-the-teacher-of-Plato and one cannot make copies of him, e.g., by cloning him, without.

Particulars Vs Generalities

  • Particular definition, of or relating to a single or specific person, thing, group, class, occasion, etc., rather than to others or all; special rather than general: one's particular interests in books.
  • Information about a subject, typically only known to a select few The details or fine points of something The conditions of an agreement That which attends, or relates to, or in some way affects, a fact or event.
Particulars

The details of a claim, or the separate items of an account When these are stated in an orderly form, for the information of a defendant, the statement is called a “bill of particulars,” (q. v.) Particulars of breaches and objections. In an action brought, in England, for the infringement of letters patent, the plaintiff is bound to deliver with his declaration (now with his statement of claim) particulars (t. e., details) of the breaches which he complains of. Sweet. Particulars of criminal charges. A prosecutor, when a charge is general, is frequently ordered to give the defendant a statement of the acts charged, which is called, in England, the “particulars” of the charges. Particulars of sale. When property such as land, houses, shares, reversions, etc., is to be sold by auction, it is usually described in a document called the “particulars,” copies of which are distributed among intending bidders. They should fairly and accurately describe the property. Dart, Vend. 113; 1 Dav. Con v. 511.

Related Legal Terms & Definitions
  • BILL OF PARTICULARS practice. A detailed informal statement of a plaintiff is cause of action, or of the…
  • STATEMENT pleading and in practice. In all cases where a suit may be brought in any…
  • INVOICE In commercial law. An account of goods or merchandise sent by merchants to their correspondents…
  • PARTICULARITY in a pleading, affidavit, or the like, is the detailed statement of particulars.
  • IMMATERIAL What is not essential; unimportant what is not requisite; what is informal; as, an immaterial…
  • IMMATERIAL AVERMENT One alleging with needless particularity or unnecessary circumstances, what is material and requisite, and which,…
  • DR. An abbreviation for 'doctor;' also, in commercial usage, for 'debtor,' indicating the items or particulars…
  • TABLES A synopsis in which many particulars are brought together in a general view; as genealogical…
Written by: Kristy Welsh

Last Updated: October 21, 2017

Particular Define

Particulars

If you live in a state that allows the use of bill of particulars, you have a potentially powerful tool if you are defending against a lawsuit. A bill of particulars can sometimes be used instead of the discovery process. If you live in a state that allows it, one of the first things you and/or your attorney should do is submit a 'Demand for a Bill of Particulars.' This is one of the toughest tools you have for defending yourself in court — an opportunity to find out exactly what is alleged against you so you can prepare your defense accordingly. A bill of particulars may be used in either criminal defense or in civil litigation. However, for the purposes here, we will mainly give examples related to defending your self against a debt lawsuit, which is a civil case.

Particulars definition

What is a Bill of Particulars?

A bill of particulars is a written statement outlining the reasons a Plaintiff filed a lawsuit against a Defendant. It is a detailed, formal, written statement of charges or claims by a Plaintiff or the prosecutor given upon the Defendant's formal request to the court for more detailed information.

What is the Purpose of a Bill of Particulars?

A bill of particulars requests details on everything the Plaintiff states is the meat of the case. This prevents surprises, thus enabling the Defendant to prepare the strongest defense possible. A bill of particulars is also in the best interest of the judicial process overall — the sooner a Plaintiff and Defendant are on the same page about the exact nature of the lawsuit, the more efficiently and effectively the case can move through the system.

How is a Bill of Particulars Different from the Discovery Process?

In the discovery process, the Defendant seeks evidence or strategy by which the Plaintiff will build its case. This is the proof the Plaintiff has against the Defendant. A bill of particulars includes no such proof or strategy, but only a list of reasons the lawsuit has been filed.

Who Can Request a Bill of Particulars?

Particulars

The Defendant requests it to clarify the case, the Plaintiff cannot request it.

Under What Circumstances Would a Defendant Provide a Bill of Particulars to a Plaintiff?

OK, so there is a situation where the Defendant would be asked for a bill of particulars. If you file a counterclaim, the Plaintiff may request a bill of particulars from you.

Particulars meaning

What Should You Ask for in a Bill of Particulars?

The nature of the lawsuit determines what should be included in a bill of particulars. For instance, if you are being sued for an unpaid balance on a credit card, your demand for a bill of particulars should request:

  • Agreement and/or contract of the relevant account.
  • Proof the Plaintiff owns the account.
  • List of items for which payment is being sought.
  • List of dates associated with each item, transaction or service.
  • List of charges per item, transaction or service.
  • Means by which the plaintiff determined amount owed and for what.

In What Format Will You Receive the Response Bill of Particulars?

Local court rules determine the format for which a bill of particulars must be prepared and submitted.

How is the Getting the Plaintiff to Answer the Bill of Particulars Enforced?

Once a demand has been received for a bill of particulars, the receiving party should submit it voluntarily. If not, you can file a motion asking the court to force the submission of documentation.

Which States Allow the Use of a Bill of Particulars?

The bill of particulars was abolished in nearly all U.S. court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process. Today, only a minority of U.S. states, like New York, Illinois, California (CCP 454), and Virginia, use the bill of particulars.

Particulars Synonym

Please note: WE ARE NOT ATTORNEYS. If you are being sued, it's always a good idea to hire an attorney or get some legal assistance. If you cannot afford an attorney, a lot of people have handled their cases pro per or without a lawyer. Our articles are meant to provide basic information on handling litigation.