Grow Construction Co. v. State

In these two motions, claimant seeks a protective order vacating the defendant’s notice of examination and an order granting its own motion for an examination before trial. At issue here are the questions of priority of examinations before trial and the definiteness and permissibility of predicating an examination before trial on the demand for, and therefore the service of, a bill of particulars.

Notice of claim was filed on September 18, 1969 and five days later, on September 23,1969, claimant, on the basis of an annexed affidavit, moved for an examination before trial of such officers and…