Montana bill of particulars 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. Id.In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. Further, the court could not say that the district court overstepped in denying the defendant’s motion for a bill of particulars. In sum, the court found that the complaint, together with the evidence presented at the preliminary hearing and obtained through discovery, provided the defendant with enough information to defend the charges against him. According to the court, the decision to require the State to file a bill of particulars was generally up to the trial court, except in such cases where the complaint itself was insufficient to inform the accused of the charges against which he or she must defend. Further, the court explained that a district court oversteps in denying a motion for a bill of particulars when its actions are uninformed, unrealistic, or unreasonable. Additionally, the court stated that they were looking to see if the district court overstepped their boundaries in denying the defendant’s motion for a bill of particulars. The court noted that a bill of particulars served two functions: (1) to inform the defendant of the nature of the charges and the evidence against him or her, thus allowing the defendant to prepare a defense, and (2) to prevent further prosecution for the same offense. In denying the defendant’s motion for a bill of particulars, the district court had determined that the complaint alleged all of the required statutory elements and was adequate. In arguing for a bill of particulars, the defendant quoted Kansas law which stated, “When a complaint charges a crime but fails to specify the particulars of the crime sufficiently to enable the defendant to prepare a defense the court may require the prosecuting attorney to furnish the defendant with a bill of particulars.” Id. In particular, the defendant argued that the complaint was too vague and that it did not allow him to formulate an alibi defense or show lack of opportunity to commit the alleged crimes. The defendant argued that the district court should not have denied his motion for a bill of particulars. Eventually, the defendant was convicted on all three counts. Further, once the victim’s parents found out they reported the activity to Social and Rehabilitation Services. The defendant stated that he refused the victim’s request but the victim said otherwise.

Allegedly, the victim saw a sexually explicit program on television and approached the defendant asking him if he would perform sexual acts on her.

Frequently, the victim would spend the night at the defendant’s house. The victim was seven years old and the stepdaughter of the defendant’s stepson. In this case, the defendant was charged with one count of aggravated criminal sodomy and two counts of aggravated indecent liberties with a child. In addressing this question, the court found that decision to require the State to file a bill of particulars was generally up to the trial court, except in such cases where the complaint itself was insufficient to inform the accused of the charges against which he or she must defend. This case explored the question of when the State has to file a bill of particulars. When does the State have to file a Bill of Particulars? The following case answers the question above. Lawyers and other courts then can rely on that ruling when they have a similar issue in their case. When the court decides a certain meeting to the law it essentially answers a legal question. The legislature can’t anticipate every possible fact scenario when they pass a law, so it lay to the courts to interpret the law and give guidance to what it means. Sometimes the black letter law passed by the legislature is unclear. Frequently Asked Criminal Defense Questions.A Step by Step Guide to a Criminal Case.Frequently Asked Personal Injury Questions.A Step by Step Guide to a Personal Injury Case.

Montana bill of particulars