BILL OF PARTICULARS. In Prac tice. A detailed informal statement of a plaintiff's cause of action, or of the defend ant's set-off. It is an account of the items of the claim, and shoWs the manner in which they arose.
The plaintiff is required, under statutory provisions, which vary widely in the different states, to file a bill of particulars, either in connection with his declaration, 2 Penn. N. J. 636; 3 Pick. Mass. 449 ; 1 Gray, Mass. 466 ; 4 Rand. Va. 488; 11 Conn. 302 ; 4 Miss. 46 ; 1 Speers, So. C. 298 ; Dudl. Ga. 16 ; 2 Iowa, 595 ; or subsequently to• it, upon re quest of the other party, 2 Bail. So. C. 4 Dan. Ky. 219 ; 5 Ark. 197 ; 3 Ill. 217 ; 5 Blackf. Ind. 316; 3 McLean, C. C. 289; 1 Cal. 437 ; upon an order of the court, in some cases, 3 Johns. N. Y. 248; 19 id. 268; 1 N. J. 436 ; in others, without such order.
He need not give particulars of matters which he does not seek to recover, 4 Exch.
486 ; nor of payments admitted. 4 Abb. Pr. N. Y. 289. See 6 Dowl. & L. 656.
The plaintiff is concluded by the bill when filed. 9 Gill, Md. 146.
The defendant, in giving notice or pleading set-off, must give a bill of particulars ; failing to do which, he will be precluded from giving any evidence in support of it at the trial, 17 Wend. N. Y. 20; 7 Blackf. Ind. 462; 8 Gratt. Va. 557.
The bill must be as full and specific as the nature of the case admits in respect to all matters as to which the adverse party ought to have information, 16 Mees. & W. Exch. 773 ; but need not be as special as a count on a special contract. The object is to prevent surprise. 9 Pet. 541; 5 Wend. N. Y. 51; 5 Ark. 197 ; 3 Green, N. J. 178. See 3 Pick. Mass. 449 ; 5 Penn. St. 41.