Tully v. Howard

HULBERT, District Judge.

It seems to be generally accepted that the one and only application which may be made for a bill of particulars is within twenty days after the service of the pleading to which the application is directed and that particularly no application is permitted, as to the complaint, after issue joined.

According to Moore’s Federal Practice, page 654, Rule 12 (e) was designed to avoid any distinction between a motion for a more definite statement or for a bill of particulars and this seems to be borne out by the sentence in the Rule, which reads: “The motion shall point out the…