Particulars meaning trial#

In Criminal Law, a bill of particulars serves the same purpose. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied. In federal courts the Federal Rules of Civil Procedure have replaced the use of a bill of particulars with a motion for a more definite statement. State codes of Civil Procedure impose rules that govern the use of bills of particulars in civil actions brought in state court.

Particulars meaning trial#

It is not to be used as a discovery device to learn the evidence or strategy to be used at trial by the opposing party. A bill of particulars is neither a Pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. It also serves to expedite the orderly progress of judicial proceedings by reducing, if not eliminating, the need for the amendment of ambiguous or vague pleadings. Its function is to give the party who requests it knowledge of what the opposing party has alleged in order to protect the party requesting the bill from surprise and in order to establish the real issues of the action.

A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. Although usually requested by a defendant, it can be demanded by a plaintiff if the defendant makes a counterclaim for a setoff or asserts a defense against him or her. In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. Used in this sense, particular can mean any concrete (individual) entity, irrespective of whether it is spatial and temporal or not.A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. The term particular is also used as a modern equivalent of the Aristotelian notion of individual substance. In formulating a solution to the problem of universals, the term 'particular' can be used to describe the particular instance of redness of a certain apple as opposed to the 'universal' 'redness' (being abstract). This can occur if there is lack of agreement about the best definition of the term. Some terms are used by philosophers with a rough-and-ready idea of their meaning. Particulars include only individuals of a certain kind: as a first approximation individuals with a definite place in space and time, such as persons and material objects or events, or which must be identified through such individuals, like smiles or thoughts.

Universals in each moment of time from point of view of an observer is the collection of particulars that participates it (even a void collection). In nominalist view everything is particular.

Redness, by contrast, is not a particular, because it is abstract and multiply instantiated (for example a bicycle, an apple, and a given woman's hair can all be red). 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 introducing new, distinct particulars). There are, however, theories of abstract particulars or tropes. Particulars are often seen as concrete, spatiotemporal entities as opposed to abstract entities, such as properties or numbers.

Universals concern features that can be exemplified by various different particulars. In metaphysics, particulars or individuals are usually contrasted with universals.