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The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all 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.
The Claim Form (which may also include summary or all the particulars of claim, Defence and Response are all statements of case. The term "pleadings" continues to be used, though incorrectly, to refer to statements of case, the preferred terminology used by the Civil Procedure Rules. [1]
To have a non-meritorious claim dismissed, however, the distinction between the two procedures is that when the Particulars of Claim are struck out, the claimant usually has another opportunity to file an amended Particulars of Claim, within, for example, four weeks, whereas Summary Judgment is final, though subject to appeal.
An additional claim is treated as a normal claim unless Part 20 otherwise provides, so the rules on contents of claim forms, Particulars of Claim, Defences and Replies apply accordingly, [14] although the title of the statement of case should be modified to make clear who is pleading, and which statement of case, if any, is being responded to.
The rules of court prescribe both the form of the particulars as well as the content(HC rule 18 and MC rule 6). It is only from the particulars that one can see the basis of the action as well as the relief sought. The particulars of claim, then, sets out the facts that give rise to the claim as well as what the plaintiff wants the court to decide.
In personam is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (in England & Wales known as Particulars of Claim (CPR 1999)) to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment".
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
This may be illustrated by means of a few examples such as personal claims of Mr Bryant based on a marriage settlement, a claim to recover a legacy under a will, a vindicatory action to recover his private assets etc. The parties accordingly had never intended to include personal claims under the phrase "and other debts and claims of whatever ...