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The court, on motion, shall order the prosecuting attorney to furnish a statement of particulars when the indictment or information on which the defendant is to be tried fails to inform the defendant of the particulars of the offense sufficiently to enable the defendant to prepare a defense. What is a motion for statement of particulars? … What is a motion to compel discovery in criminal case?Īnswer: A motion to compel discovery in a criminal case is a formal request to the Judge on the case to intervene in the pretrial stage and order disclosure of evidence the government intends to use at trial. In the aggregate, those allegations of fact, if proven at trial, must suffice to give rise in law to the relief being claimed. The material facts which a party to litigation alleges are true and which that party will seek to prove at trial in support of the relief claimed. The motion shall specify the alleged defects of the complaint or information and the details desired. – The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. Who may file a motion for a bill of particulars?ĩ. The purposes of a bill of particulars are to inform the accused of the nature of the charge with sufficient precision to enable the accused to prepare for trial, to avoid or minimize the danger of surprise at the time of the trial and to enable the accused to plead the acquittal or conviction in bar of another … What is the purpose of a motion for a bill of particulars? 6 Can a bill of particulars be used as a discovery device?.5 Can a motion for a bill of particulars be denied?.4 Do you file a request for particulars?.3 What should be included in a Bill of Particulars?.
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2 What is a motion to compel discovery in criminal case?.1 What is the purpose of a motion for a bill of particulars?.