![]() 15A952, the court in which a charge is pending may order the State to file a bill of particulars with the court and to serve a copy upon the defendant. The court may permit amendment of a bill of particulars at any time prior to trial. (a) Upon motion of a defendant under G.S. 15A-952, the court in which a charge is pending may order the State to file a bill of particulars with the court and to serve a copy upon the defendant. A bill of particulars may be used in either criminal defense or in civil litigation. ![]() The evidence of the State, as to those? matters within the scope of the motion, is limited to the items set out in the bill of particulars. Section 15A-925 - Bill of particulars (a) Upon motion of a defendant under G.S. In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendants formal request to the court for more detailed information. (e) A bill of particulars may not supply an omission or cure a defect in a criminal pleading. The proceedings are stayed pending the filing and service. Litigation is not investigation, but the trial of issues tendered. However, at least in the context of charges involving the sale of controlled substances, our appellate courts have held that indictments must allege the name of the purchaser, if it is known. This article is intended as a commentary upon Rule 12 (e) from a defendants viewpoint. If the defendant needs more information, he can move for a bill of particulars under G.S. A copy must be served upon the defendant, or his attorney. aa bill of particulars and more definite statement is a well recog- nized and invaluable aid to the defense or prosecution of any law. (d) The bill of particulars must be filed with the court and must recite every item of information required in the order. Nothing contained in this section authorizes an order for a bill of particulars which requires the State to recite matters of evidence. (c) If any or all of the items of information requested are necessary to enable the defendant adequately to prepare or conduct his defense, the court must order the State to file and serve a bill of particulars. STATE OF NORTH CAROLINA)vs.)MOTION FOR BILL OF PARTICULARS)) Defendant. (b) A motion for a bill of particulars must request and specify items of factual information desired by the defendant which pertain to the charge and which are not recited in the pleading, and must allege that the defendant cannot adequately prepare or conduct his defense without such information. NORTH CAROLINA)IN THE GENERAL COURT OF JUSTICE)SUPERIOR COURT DIVISION COUNTY)FILE NO. § 15A-952, the court in which a charge is pending may order the State to file a bill of particulars with the court and to serve a copy upon the defendant. ![]() ![]() 1.(a) Upon motion of a defendant under N.C. The court may permit amendment of a bill of particulars at any time prior to trial. The evidence of the State, as to those matters within the scope of the motion, is limited to the items set out in the bill of particulars. A copy must be served upon the defendant, or his attorney. (b) A motion for a bill of particulars must request and specify items of factual information desired by the defendant which pertain to the charge and which are not recited in the pleading, and must allege that the defendant cannot adequately prepare or conduct his defense without such information. 15A‑952, the court in which a charge is pending may order the State to file a bill of particulars with the court and to serve a copy upon the defendant. (a) Upon motion of a defendant under G.S.
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