Think about what it is you need to provide the judge to support your allegations. When you receive a request for a bill of particulars, take time to read it over very carefully and then read your complaint. If you are not specific enough when you request a bill of particulars, the other party might not respond and will instead object to your request. Make sure you point out the specific allegation that you want the other side to expand on and make sure he or she knows what other information or explanation you need. You can request that the other side provide a bill of particulars by sending a written “demand for a bill of particulars.” In your demand for a bill of particulars, you will ask the other side to provide more details with respect to their allegations. How to request a bill of particulars in Illinois divorce and child custody cases It will be up to the court then to either strike the pleading, allow further time to furnish the bill of particulars or require a more particular bill to be filed and served. If the bill of particulars is not received within 28 days of the demand, or if the bill of particulars delivered is insufficient, then the other party may be able to file a motion to dismiss the claim. In turn, the party who requested the bill shall have 28 days to file aresponsive pleading after being served with the bill. Upon receipt of a bill of particulars, the receiving party will have 28 days to complete and return. This bill provides more detail and allows for each party to better prepare their defense for depositions or trial. If there is a complaint filed by one party and a counter-complaint filed by the other party, both parties may request a bill of particulars against each other. How to respond to vague allegations in a petition for divorce or child custodyĪ bill of particulars is a tool that the respondent can use to figure out exactly what the other party is claiming happened. We explain how to respond to vague allegations in a petition for divorce or child custody, how to request a bill of particulars and how to prepare a bill of particulars. The bill of particulars is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail. Illinois law allows the respondent to request a bill of particulars from the party making the allegations.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |