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Motion For Bill of Particulars

The defendant is filing a motion for a bill of particulars requesting that the plaintiff provide more details about a check mentioned in the complaint. Specifically, the defendant wants the plaintiff to state the amount, check number, date, and drawee bank of the check that allegedly bounced. This additional information is necessary for the defendant to prepare its response, as there was an ongoing dispute about the agreed upon monthly rental amount. Due to transferring offices, the defendant can no longer locate the check stub containing these details. The defendant believes obtaining this information could help simplify the issues and facilitate settlement negotiations.

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280 views2 pages

Motion For Bill of Particulars

The defendant is filing a motion for a bill of particulars requesting that the plaintiff provide more details about a check mentioned in the complaint. Specifically, the defendant wants the plaintiff to state the amount, check number, date, and drawee bank of the check that allegedly bounced. This additional information is necessary for the defendant to prepare its response, as there was an ongoing dispute about the agreed upon monthly rental amount. Due to transferring offices, the defendant can no longer locate the check stub containing these details. The defendant believes obtaining this information could help simplify the issues and facilitate settlement negotiations.

Uploaded by

HR Legal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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-Motion for Bill of Particulars

(Motion for Bill of Particulars)

(CAPTION)
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 August 3 to December 2003, 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 uncomplicate 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.
_____________, Philippines, __Date__.

(COUNSEL)

(NOTICE OF HEARING)
(EXPLANATION)

COPY FURNISHED:

OPPOSING COUNSEL

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