Providing such detailed particulars will have the affect of unnecessarily and unfairly restricting the Government's proof at trial. They seek to discover all the evidence the Government intends to produce at trial to prove the charges already particularized. These requests call for information substantially beyond what is necessary to satisfy the purposes of a bill of particulars. The Government strongly opposes the defendants' requests which in varying forms call for particulars with respect to all acts in furtherance of the conspiracies charged in this criminal action. Defendants have been sufficiently informed of the nature of the charges against them so that they can prepare their defense, avoid prejudicial surprise at trial and plead double jeopardy as a bar to further prosecution for the same offense. As a result, the recognized purposes of a bill of particulars have been more than satisfied. ![]() The Government has already provided substantial information in its voluntary Bill of Particulars and agrees to respond to some of the requests contained in the proposed order attached to defendants' motion papers, as set forth below. The Government submits this memorandum in response to defendants' motion for a further bill of particulars. GOVERNMENT'S MEMORANDUM OF LAW IN RESPONSE TO DEFENDANTS' MOTION FOR A FURTHER BILL OF PARTICULARS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK For an official signed copy, please contact the Antitrust Documents Group. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). For more articles and information, please visit J. ![]() If you have any questions or comments, please feel free to contact Mr. An attorney should be consulted for legal advice. No statute should be relied on without understanding controlling case law which may further interpret it. Updated statutes and codes may be available at the New York State Legislature Website. Statutes and codes such as CPLR 3130 are frequently amended, and no representation is made that the above version of CPLR 3130 is current. Douglas Barics, attorney at law for reference only. This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. After the commencement of a matrimonial action or proceeding, upon motion brought by either party, upon such notice to the other party and to the non-party from whom financial disclosure is sought, and given in such manner as the court shall direct, the court may order a non-party to respond under oath to written interrogatories limited to furnishing financial information concerning a party, and further provided such information is both reasonable and necessary in the prosecution or the defense of such matrimonial action or proceeding. In the case of an action to recover damages for personal injury, injury to property or wrongful death predicated solely on a cause or causes of action for negligence, a party shall not be permitted to serve interrogatories on and conduct a deposition of the same party pursuant to rule 3107 without leave of court.Ģ. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. ![]() Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. ![]() CPLR 3130: Use of Interrogatories CPLR 3130ġ.
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