Rogers v. Merritt, Chapman & Scott Corp.

This is a motion on behalf of the defendant for an order precluding the plaintiffs from presenting any evidence for which a bill of particulars has been demanded and has not been complied with.

Rule 115 of the Rules of Civil Practice provides in part:

“ (a) * * *. If the party upon whom such notice is served is unwilling to give such particulars, in whole or in part, he may move to vacate or modify such notice by serving his motion papers within five days after receipt thereof. * * ” If no such motion is made the bill of particulars shall be served within ten days after the demand therefor,…