Zimmerman v. Fillah

HOLTZ O FF, Justice.

The overwhelming weight of authority is to the effect that a motion for a bill of particulars or a motion for more definite statement of the claim should not be granted if the complaint sets forth a .cause of action with sufficient definiteness to enable the defendant to frame an answer. Additional details that the defendant needs in order to prepare for trial should be obtained by discovery after issue is joined.

This is no mere technical distinction but is based on practical considerations. A motion for a bill of particulars or more definite statement is made before…