Criminal procedure
Bill of Particulars
A bill of particulars is a court-ordered statement giving the defendant more detail about the charges than the indictment provides.
It exists so a defendant can prepare a defense, avoid surprise at trial, and plead double jeopardy later. Requests are common in sprawling conspiracy and fraud cases where the indictment describes a scheme without identifying specific transactions.
Courts grant them sparingly. If the indictment plus the discovery already tells the defendant what the case is about, judges usually deny the motion, and a bill of particulars is not a tool for discovering the government's evidence.
A granted motion changes the government's obligations in a concrete way. Once particulars are provided, the prosecution is generally limited to the specifics it disclosed, which is why the government resists them so consistently.
How it appears on a docket
MOTION for Bill of Particulars identifying the specific wire transfers underlying Counts 3 through 9, filed by defendant. DENIED in light of the government's production.
Governing rule
Fed. R. Crim. P. 7(f)
Related terms
- Indictment — An indictment is the formal written accusation, voted by a grand jury, that charges someone with a federal crime and starts the prosecution.
- Discovery — Discovery is the pretrial process in which each side must hand over the evidence and information relevant to the case.
More on criminal procedure
See this term in a real case
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