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Motion For Bill of Particulars

1) The defendant is filing a motion for a bill of particulars regarding an allegation in the plaintiff's complaint that a check issued by the defendant as partial payment for the first month bounced. 2) The complaint does not provide sufficient details about the check such as the amount, check number, date, and drawee bank. 3) Providing these particulars about the check is necessary for the defendant to prepare its responsive pleading, as the main dispute between the parties is about the agreed upon monthly rental amount.

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Jaimie Lyn Tan
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28 views1 page

Motion For Bill of Particulars

1) The defendant is filing a motion for a bill of particulars regarding an allegation in the plaintiff's complaint that a check issued by the defendant as partial payment for the first month bounced. 2) The complaint does not provide sufficient details about the check such as the amount, check number, date, and drawee bank. 3) Providing these particulars about the check is necessary for the defendant to prepare its responsive pleading, as the main dispute between the parties is about the agreed upon monthly rental amount.

Uploaded by

Jaimie Lyn Tan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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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