Texas Court Reporter Practice Exam

A bill of particulars is requested by which party?

1. The plaintiff

2. The defendant

3. The judge

4. The jury

The correct answer is: The defendant

A bill of particulars is a legal document that provides detailed information about the claims or defenses involved in a lawsuit. It is typically requested by the defendant when they need more specific information regarding the allegations made by the plaintiff. This request helps the defendant prepare a proper defense by clarifying the nature and basis of the claims, addressing any vagueness or ambiguity in the pleadings. While the plaintiff may also seek clarification in certain circumstances, it is most commonly the defendant who asks for a bill of particulars to ensure they fully understand the case against them. The judge might order one, but that is generally in response to a request from the defendant. The jury is not involved in this aspect of the pre-trial process, as their role is to evaluate the evidence presented during the trial and render a verdict based on that evidence. Thus, the focus on the defendant's need for clarity regarding the plaintiff's claims makes this the correct context for when a bill of particulars is requested.