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A demand for a bill of particulars shall be made by serving a written demand stating the items concerning which particulars are desired. Where it appears that a party other than the moving party, is entitled to a summary determination, the administrative law judge may grant such determination without the necessity of a cross-motion. NY CPLR § R3042 (2012) Whats This Rule 3042. 2021 New York Laws CVP - Civil Practice Law and Rules Article 30 - Remedies and Pleading R3043 - Bill of Particulars in Personal Injury Actions. The motion shall be denied if any party shows sufficient basis to require a heating of any issue of fact. The motion shall be granted if, upon all the papers and proof submitted, the administrative law judge finds that it has been established sufficiently that no material and tribal issue of fact is presented and that the administrative law judge can, therefore, as a matter of law, issue a determination in favor of any party. If you’re given no choice and must respond and write.
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The affidavit, made by a person having knowledge of the facts, shall recite all the material facts and show that there is no material issue of fact to be tried and that the facts mandate a determination in the moving party's favor. bill of particulars in your New York State litigation practice.
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The purpose of my next bunch of blog posts is to take apart this form section by section. Section 200.95 - Indictment bill of particulars 1. Such motion shall be supported by an affidavit, by a copy of the pleadings, and by any other available proof. What a mouthful, the New York DWI bill of particulars, supporting deposition, and 710.30 notices. (1) After issue has been joined, any party may move for summary determination.