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    Bill of Particulars

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    viviviolette
    The defendant's counsel filed a Motion for Bill of Particulars with the court requesting the plaintiff to provide more details regarding a check mentioned in the complaint. Specifically, the motion asks for the check amount, number, date and bank as the current information is not clear. The defendant argues this additional information is necessary to prepare a proper defense. The motion will be heard by the court on a specified date.

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    Bill of Particulars

    Uploaded by

    viviviolette
    678 views4 pages
    The defendant's counsel filed a Motion for Bill of Particulars with the court requesting the plaintiff to provide more details regarding a check mentioned in the complaint. Specifically, the motion asks for the check amount, number, date and bank as the current information is not clear. The defendant argues this additional information is necessary to prepare a proper defense. The motion will be heard by the court on a specified date.

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    The defendant's counsel filed a Motion for Bill of Particulars with the court requesting the plaintiff to provide more details regarding a check mentioned in the complaint. Specifically, the motion asks for the check amount, number, date and bank as the current information is not clear. The defendant argues this additional information is necessary to prepare a proper defense. The motion will be heard by the court on a specified date.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    678 views4 pages

    Bill of Particulars

    Uploaded by

    viviviolette
    The defendant's counsel filed a Motion for Bill of Particulars with the court requesting the plaintiff to provide more details regarding a check mentioned in the complaint. Specifically, the motion asks for the check amount, number, date and bank as the current information is not clear. The defendant argues this additional information is necessary to prepare a proper defense. The motion will be heard by the court on a specified date.

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    © All Rights Reserved
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    The document discusses a legal case involving a dispute over rental payments. The defendant has filed a Motion for Bill of Particulars requesting more details from the plaintiff about an unpaid check.

    The defendant is requesting an order from the court requiring the plaintiff to provide a more definite statement about the particulars of a check mentioned in the complaint, including its amount, check number, date, and name of the drawee bank.

    The defendant is asking the plaintiff to provide more details about a check that was allegedly issued as partial payment for the first month's rent but bounced, as the defendant can no longer find the check stub.

    Republic of the Philippines

    Sixth Judicial Region


    REGIONAL TRIAL COURT
    Branch 03, Kalibo, Aklan

    AAA,
    Plaintiff-Appellant,
    Criminal Case No. 02-123456
    - versus -

    BBB,
    Defendant-Appellee,
    x-----------------x

    MOTION FOR BILL OF PARTICULARS

    Defendant, through the undersigned counsel and unto this Honorable Court,
    respectfully avers:

    1. That the plaintiff's complaint in paragraph 5 alleges:

    "From _____ to _______, defendant never paid


    anything to herein plaintiff. The check that he
    issued as partial payment for the first month also
    bounced. x x x"; (underscoring supplied)

    2. The said allegation is not averred with sufficient definiteness and


    particularity, specifically it does not mention the amount of the check therein
    mentioned, its check number, date, and the drawee bank;

    3. That a more definite statement on the matters as above-indicated is


    necessary in order to enable the defendant to prepare its responsive pleading
    because from the very onset of this controversy, the main dispute was on
    what was actually and exactly agreed upon by the parties as the amount of
    monthly rentals on the lease of plaintiff's property;

    4. However, due to the fact that defendant corporation had to transfer its liaison
    offices depending on its project sites, the check stub where the above-
    mentioned check came from was probably misplaced and could no longer be
    found;

    5. That a bill of particulars or a more definite statement as to particulars of the


    said check which was allegedly issued by the defendants as partial payment
    for the first month would definitely simplify the issues in this case, and
    hopefully simplify the negotiations between the parties for an amicable
    settlement.

    PRAYER

    WHEREFORE, defendant most respectfully prays that an order be issued


    by this Honorable Court requiring the plaintiff to make more definite statement as
    to the particulars of the check mentioned in paragraph 5 of his complaint,
    particularly stating its amount, check number, date, and the name of the drawee
    bank.

    Kalibo, Aklan, Philippines, MONTH DAY, YEAR

    ATTY. CHORVA
    Counsel for the Defendant
    Office Address
    PTR No. 8888888; xx/xx/201_; Aklan
    IBP OR No: 7654321; xx/xx/201_; Aklan
    Roll No.: 98765; xx/xx/201_; Aklan
    TIN No. xxx-xxx-xxx-xxx
    MCLE No. III 0019263-01-10-1_
    NOTICE OF HEARING

    Atty. ABC
    Counsel for the Plaintiff
    Address

    Greetings! Please take notice that the foregoing Motion for Bill of
    Particulars shall be submitted for the consideration and approval of the Honorable
    Court on ___, __, 2017 at 09:00 AM.

    Atty. Chorva

    VERIFICATION

    REPUBLIC OF THE PHILIPPINES )


    CITY OF AKLAN ) S. S.

    I, BBB, of legal age, Filipino citizen, married, and resident of


    ______________________________, after having been duly sworn to in
    accordance with law do hereby depose and say:

    1. That I am the defendant in the above- entitled case;

    2. That I have caused the preparation of the foregoing Motion for New Trial
    and have read the allegations contained therein;

    3. The allegations in the said complaint are true and correct of my own
    knowledge and authentic records.

    IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of


    ____, 2017

    BBB
    SUBSCRIBED AND SWORN to before me this ___ day of ___ 2017, in the
    City of Aklan, affiant exhibiting to me her Drivers License No.: 12345 issued
    at LTO, Aklan ____, __, ____.

    Atty. Chorva
    Notary Public for Aklan
    Address
    Until December 12, 2017
    PTR No. 7777777; xx/xx/201_; Aklan
    IBP OR No: 1234567; xx/xx/201_; Aklan
    Roll No.: 54321; xx/xx/201_; Aklan
    TIN No. xxx-xxx-xxx-xxx
    MCLE No. III 0019263-01-10-1_
    Series No. of Commission M-123

    Doc. No.: ___;


    Page No.: ___;
    Book No.:___;
    Series of 2017

    EXPLANATION

    Copy of the MOTION FOR BILL OF PARTICULARS was served to


    Plaintiffs counsel by registered mail due to time and distance constraints, and for
    lack of the undersigneds staff who can serve the same in person.

    Atty. Chorva

    COPY FURNISHED:

    Atty. ABC
    Counsel for the Plaintiff
    Address

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