- MOTION FOR BILL OF PARTICULARS IN CRIMINAL CASES SERIAL
- MOTION FOR BILL OF PARTICULARS IN CRIMINAL CASES TRIAL
MOTION FOR BILL OF PARTICULARS IN CRIMINAL CASES SERIAL
Immediately preceeding text appears at serial pages (289105) and (264279). (a) A written motion for a bill of particulars shall be filed before or within a reasonable time after arraignment and shall specify the particulars of the offense necessary to enable the defendant to prepare his defense. The provisions of this Rule 572 amended March 3, 2004, effective July 1, 2004, 34 Pa.B. 1477 (March 18, 2000).įinal Report explaining the Maamendments to paragraph (A) published with the Courts Order at 34 Pa.B. 3128 (July 6, 1996).įinal Report explaining the Mareorganization and renumbering of the rules published with the Courts Order at 30 Pa.B. Rule 304 adopted Jand November 22, 1977, effective as to cases in which the indictment or information is filed on or after Januamended October 21, 1983, effective Januamended June 19, 1996, effective Jrenumbered Rule 572 and amended March 1, 2000, effective Apamended March 3, 2004, effective July 1, 2004.įinal Report explaining the Jamendments published with the Courts Order at 26 Pa.B.
The traditional function of a Bill of particulars is to clarify the pleadings and to limit the evidence which can be offered to support the information.
(D) When a motion for relief is made, the court may make such order as it deems necessary in the interests of justice. If further particulars are desired after an original bill of particulars has been furnished, a motion therefor may be made to the court within 5 days after the original bill is furnished. (C) Upon failure or refusal of the attorney for the Commonwealth to furnish a bill of particulars after service of a request, the defendant may make written motion for relief to the court within 7 days after such failure or refusal. (B) The request shall set forth the specific particulars sought by the defendant, and the reasons why the particulars are requested. The request shall promptly be filed and served as provided in Rule 576. (A) A request for a bill of particulars shall be served in writing by the defendant upon the attorney for the Commonwealth within 7 days following arraignment.
MOTION FOR BILL OF PARTICULARS IN CRIMINAL CASES TRIAL
In any case, motions may be made before, during, or after a trial by either side's legal counsel. Motions may be made verbally or in written form, which will request anything from a simple change in the date of a trial to a motion to dismiss the entire case. including motions for a bill of particulars and for depositions. During judicial proceedings, both sides may make requests of the judge, known as 'motions'. Also, the allegation that the deponent watched the defendant drop the bag of marijuana to the ground by him implies that the marijuana was observed to be in the defendant's hand and therefore in public view.234 Pa. Motions for Reconsideration RULES APPLICABLE IN ALL CRIMINAL PROCEEDINGS Rule 44. Baker's own admissions, and additional information recently provided to Defendants make a Bill unnecessary. The Indictment, the documentary discovery already provided, Mr. The United States opposes the Motion as unnecessary and inappropriate. In People v Chen Ye (179 Misc 2d 592, 595 ) the court held that where the complaint alleged that the crime occurred "at Canal Street and Broadway," the element of public place is sufficiently alleged. Defendants have filed a Motion for a Bill of Particulars, requesting five categories of information.
There is no implication that this location is inside of any particular address.
in New York County" indicates a public street or sidewalk. Here, it is clear that the description "corner of West 117th St. He was then seen dropping a bag of marijuana to the ground. In this case, the complaint alleges that the defendant was observed holding marijuana as he stood on the corner of West 117th Street and Saint Nicholas Avenue in New York County.
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