![]() ![]() Rule 4(e) provides, in relevant part, that "when facts not set out in an information are required to inform a defendant of the nature and cause of the offense charged, so as to enable the defendant to prepare a defense, the defendant may file a written motion for a bill of particulars."Īdditionally, this rule provides that the motion shall be filed at arraignment or within 14 days or "such later time as the court may permit." Further, the court "may, on its own motion, direct the filing of a bill or particulars." Contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat in Salt Lake City, Utah, to discuss your case. The attorneys at Brown, Bradshaw & Moffat, LLP, understand the importance of the rules of criminal procedure in Utah and how those rules might apply to your case. ![]() What happens when the prosecutor makes vague accusations against a person accused of a crime in the charging document? In those cases, the criminal defense attorney should carefully draft and file a motion for a bill of particulars prior to arraignment to explain why more particularity is needed. Attorney for a Bill of Particulars in Salt Lake City, UT In many Utah criminal cases, the bill of particulars is needed to both assist the vourt in determining whether evidence that the state intends to introduce at trial is admissible, and to enable the defendant to adequately prepare his or her defense to the charges in the information or the amended information. A bill of particulars becomes part of the pleading for which it is intended.A criminal defense attorney in Utah can file a motion for bill of particulars to ask the court, pursuant to Rule 4(e) of the Utah Rules of Criminal Procedure, to enter an order directing the state to provide a bill of particulars in this case. ![]() After service of the bill of particulars or of a more definite pleading, or after notice of denial of his or her motion, the moving party may file his or her responsive pleading within the period to which he or she was entitled at the time of filing his or her motion, which shall not be less than five (5) calendar days in any event. Stay of period to file responsive pleading. If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading or the portions thereof to which the order was directed, or make such other order as it deems just. ![]() The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party. If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) calendar days from notice of the order, unless a different period is fixed by the court. Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court, which may either deny or grant it outright, or allow the parties the opportunity to be heard. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired. If the pleading is a reply, the motion must be filed within ten (10) calendar days from service thereof. Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter, which is not averred with sufficient definiteness or particularity, to enable him or her properly to prepare his or her responsive pleading. ![]()
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