1954) MOORE’S FEDERAL PRACTICE § 7.06 WRIGHT, FEDERAL PRACTICE AND PROCEDURE:ĬRIMINAL § 129 at 282-283. 1970).Īnd, where the information sought is necessary to the preparation of a defense to prevent surprise, then the “…accused is entitled to this ‘as of right’” regardless of whether such disclosure would be privileged otherwise. 1971) the underlying purpose of Rule 7(f) is not to cure defects in the Government’s pleading, but rather to “…furnish the defendant further information respecting the charge stated in the indictment when necessary to the preparation of his defense, and to avoid prejudicial surprise at trial.” US v. The fact that the indictment or information is valid is no defense to a motion for a Bill of Particulars, US v. 1988), opinion withdrawn on rehearing, U.S. Once the bill is filed, great caution is necessary to insure the bill is not misleading as to hamper defendant’s preparation and cause unfair surprise. Thus, a Bill of Particulars not only provides the defendant with additional facts not set out in the indictment, but limits the Government’s proof as well. Once a Bill of Particulars has been provided by the Government, its proof must conform to that Bill. The test for granting a Bill of Particulars has been described as whether such information is necessary for the defendant to adequately prepare for trial and avoid surprise. However, such Bill of Particulars should be liberally construed. MOORE’S FEDERAL PRACTICE § 7.06 WRIGHT, FEDERAL PRACTICE AND PROCEDURE: CRIMINAL § 129 at 281. Rule 7(f) F.R.Cr.P] the question of granting or denying a bill is still left to the trial court’s discretion. While “cause” need no longer be shown in order to obtain a Bill of Particulars, see Advisory Committee Note to FED. The Motion should cite the deficiencies of specific counts of the indictment and be accompanied by a brief in support thereof. The Motion for a Bill of Particulars must be filed within 10 days after arraignment and a court may, within its discretion, refuse to hear a tardy motion, MOORE’S FEDERAL PRACTICE 465 US 936 3 WRIGHT, FEDERAL PRACTICE AND PROCEDURE: CRIMINAL § 129 at 281. This broader discovery function of the Bill of Particulars has been recognized by an increasing number of courts. 1971) it has the practical effect of disclosing information to the accused which is unavailable otherwise. While technically the Bill of Particulars is not a discovery device, Cooper v. The purpose of the Bill of Particulars is to provide the defendant with details of the alleged offense which are omitted from the pleading against him and which are necessary to enable a defendant to understand the charges against him (as guaranteed by the Sixth Amendment to the Constitution) and to protect himself from double jeopardy (as guaranteed by the Fifth Amendment of the Constitution). Home » Our Passion » Legal Resources » Pretrial Motions » BILL OF PARTICULARS R.
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