It’s Not a Discovery Device, But…

Extract from article by Katherine Gallo

What discovery methods do you consider when you are strategizing about the most effective method to obtain the information you need and pin down your opponent?  If you have a contract case, think about serving a Demand for Bill of Particulars.  A Demand for Bill of Particulars is NOT a discovery device, but an extension of the pleading. It is an old fashioned pleading vehicle but still an effective way to force your opponent to document the evidence of their contract or quasi contract claims, or have a court strike the claims, without the necessity of multiple motions to compel, before obtaining evidence or terminating sanctions.