Defendant, Franzese, Michael Ralph This Note explains the procedure for drafting, serving, and compelling compliance with a demand. As defense counsel in a civil action, the bill of particulars is a way to find out more facts about a plaintiff's complaint and do a more thorough investigation. Demand For Bill Of Particulars Affirmative Defenses. This is part of Vail Law's Litigation Checklist. Likewise, if a defendant serves an amended answer with additional affirmative defenses, a plaintiff may request a new bill of particulars. III. Fla. R. Crim. Then make a copy for yourself. Attorney For The Plaintiff, Sparling, John E Advanced Pavement Group Corp., WebA governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract engaged by: ESC Region 8/The Interlocal Purchasing System (TIPS) 0000 Xxxxxxx 000 Xxxxx [any] matter constituting an avoidance or affirmative defense." Then make a copy for yourself. application/pdf Quickly add and highlight text, insert pictures, checkmarks, and icons, drop new fillable areas, and rearrange or delete pages from your document. 28 0 obj
<>
endobj
29 0 obj
<>stream
Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. Attorney For The Defendant, Harvey, Gregory Roy For example, one affirmation I have running is I concentrate totally at keep at it up until I complete. Here, the Defendants' Demand for a Verified Bill of Particulars, which contains 75 paragraphs, excluding subparts, seeks details more appropriately developed at a deposition and not consonant with the purposes of a bill of particulars. 2013-08-22T15:57-04:00 Defendant [denies/admits] the allegations in paragraph . If a defense is not raised by the pleadings, it may still be tried by the express or implied consent of the parties. /Filter/DCTDecode -- F.R.C.P. Note that, unlike affirmative defenses where the defendant bears the burden of proving the defense, some of the following are more properly styled "additional defenses" where the plaintiff bears the burden of proving that the defense does not apply (e.g. 4. F.R.C.P. try clicking the minimize button instead. WebThese defenses should be listed at the end of your answer after the section where you have responded to each and every individual complaint made by the Plaintiff. It advises me to not obtain sidetracked, and concentrate on a job up until I finish. 2. WebDEMAND FOR: - verified bill of particulars as to affirmative defenses January 03, 2020. endobj xZr
?Ox79{fZ%Vl%Jf&m>I}hi*4}0&_f91"s>nWcOF&0NDh+" J;3EAh"314};;L9?d#na|_ m'@>$lAd^lH@q,l_6V/3zIAh{#SAf8HKay,b0(I?7$>I?~4m
JbUk4.8SAqA:-YD31
AHz(cK"w%#2(aar`\? Attorney For The Defendant, Kuk, David Taekyoon Including this language wont give In the case at bar, it is the plaintiff's claim that she was stopped on Jericho Turnpike for a school bus loading in front of her when her vehicle was hit in the rear by defendant's vehicle. 6. This article, which concentrates on writing affirmative defenses in an answer to a complaint, is the eighth in a multi-part series on drafting civil-litigation papers in New York. Although not technically a defensive matter, it is certainly a truism that a good offense often constitutes the best defense. Dist. Defendant denies that the Further, the branch of plaintiff's motion for an order striking the defendant's answer, is granted unless defendant furnishes plaintiff's attorney with the names and addresses of witnesses (see Foremost Ins. 2005) WebA Bill of Particulars must be signed by the preparer of the document, usually legal counsel, and timely mailed to the appropriate party (either the judge, the clerk of the court or opposing counsel, depending on the rules of the jurisdiction). In response to the allegations contained in Paragraph 1 of the Bill of Particulars, Defendant denies that Plaintiff is entitled to any recovery in this action. In response to the allegations contained in Paragraph 1 of the Bill of Particulars, Defendant denies that Plaintiff is entitled to any recovery in this action. b. A Demand for a Bill of Particulars is a list of written questions from one party to another asking for details (particulars) about a claim or defense.. when new changes related to " are available. Co., 523 P.2d 979 (Colo. 1974). Christopher Imperati, To wit, the Defendants' Demand for a Verified Bill of Particulars seeks the identification of witnesses with knowledge of relevant information (requests 1 and 2), and a computation of damages (request 11). WebA governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract engaged by: ESC Region 8/The Interlocal Purchasing System (TIPS) 0000 Xxxxxxx 000 Xxxxx Quickly add and highlight text, insert pictures, checkmarks, and icons, drop new fillable areas, and rearrange or delete pages from your document. Here, the Defendants' Demand for a Verified Bill of Particulars, which contains 75 paragraphs, excluding subparts, seeks details more appropriately developed at a deposition and not consonant with the purposes of a bill of particulars. Since article 16 need not be plead as an affirmative defense, it follows that the respondents need not provide a bill of particulars with regard to CPLR Article 16 (contra, Ryan v. of Corrections, 429 F.3d 276 (D.C. Cir. Comes now Defendant John Doe, by counsel, and for his Grounds of Defense, states as follows: Nature of Case 1. 11 0 obj This affirmative defense is stricken from defendant's answer. WebFiling 28 MEMORANDUM AND ORDER STRIKING FAILURE-TO-MITIGATE AFFIRMATIVE DEFENSE: IT IS HEREBY ORDERED that the motion of plaintiff to strike defendants eighth affirmative defense for failure to mitigate damages (Doc. Signed by Magistrate Judge David D. Noce on 9/27/17. will be able to access it on trellis. STATUTORY CLAIMS UNDER THE INSURANCE CODE & DPTA There are several claims that are commonly >> Webnew bill of particulars. endobj AppendPDF Pro 5.5 Linux Kernel 2.6 64bit Oct 2 2014 Library 10.1.0 As the vast majority of these affirmative defenses will not apply to any given case, ensure you don't just plead this entire laundry list - this list is intended as a. Your subscription has successfully been upgraded. Video Surveillance Get the Sample answer and grounds of defense completed. No. D B A Pam Sweeping Llc, and Advanced Pavement Group Corp.,. /Filter/FlateDecode WebThe request issued is called a demand for a bill of particulars and the response is called the bill of particulars. Attorney For The Defendants, Plush, Paul Philip Including at the end of the bill of particulars a statement that you reserve your right to modify or amend the bill of particulars has no effect. . -- F.R.C.P. R-1, 408 P.2d 970 (Colo. 1965). Cir. The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. We'll assume you're ok with this, but you can opt-out if you wish. (Internal quotations and citations omitted). See, e.g., Campbel, aka Skywalker, et al. 8(c) requires a party to "set forth affirmatively . WebFifth Affirmative Defense 5. Supreme Court, Special Term, Nassau County. , 408 P.2d 970 (Colo. 1965). Warnings Tips Defendants did not know or show reckless disregard for whether their conduct was prohibited by the FLSA. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Sixth Affirmative Defense 6. /ColorSpace 5 0 R WebFounded in 1914, Jenner & Block is a law firm of international reach with more than 500 lawyers. b. D/B/A Pam Sweeping Llc. We noticed that you're using an AdBlocker, Response to Demand for Bill of Particulars as to Affirmative Defenses. However, it is error for a trial court to permit a defense over an objection when first presented at trial. by Your subscription was successfully upgraded. [any] matter constituting an avoidance or affirmative defense." by clicking the Inbox on the top right hand corner. WebThese defenses should be listed at the end of your answer after the section where you have responded to each and every individual complaint made by the Plaintiff. represented by - ignorance of the law. 4. To do a Bill of Particulars put the name and index number of the case on the top of the page. Accordingly, while pleadings may be amended to add additional affirmative defenses, it is essential that all defenses to be raised at trial are pleaded before trial (ideally, at least a week prior to the deadline to serve written discovery in a case). We have notified your account executive who will contact you shortly. On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Orentreich v. John B. Murray Architect, LLC, 2020 NY Slip Op. Advanced Pavement Group Corp.,. . As defense counsel in a civil action, the bill of particulars is a way to find out more facts about a plaintiff's complaint and do a more thorough investigation. <> ;";(JCnMPu#(BHnY4&"(JQIA4yN ze^^3s>kyNt5-c*a9=EyhY;@-C$W2qHAUQbegk87l7e5+LJ3'sU
"n[.r+mrk'V'f(d0lOGIc#yGrmv&A;V~cM+J,QYiE&BC" /JIwv1^H{4j$MB. Representing the Personal Injury Plaintiff in NY, Torts, Insurance, & Compensation Law Section, The Practice of Law in New York State (PDF), The Right To An Education, Housing And Care Under The New York State Constitution: Where We Are And Where We Are Going, Practical Tips For Navigating Cybersecurity & Data Privacy Issues In Arbitration, New Language for Retainer to Incorporate New Rules in Personal Injury Retainer Agreements, HIPAA Compliant Unlimited Authorization for Plaintiffs Counsel to Secure Clients Records, Letter from Plaintiffs Counsel to Doctors Office Explaining HIPAA, Enclosing HIPAA Compliant Authorization, and Detailing What Is Being Requested, Plaintiffs Arons/Porcelli Speaking Authorization for Defendants, Underinsured/Uninsured Notification Letter, Sample New York No-Fault Computation Sheet, Letter of Representation to Defendant Owner and Driver, Pre-Suit Demand Letter for Insurance Information Under Insurance Law, Certificate of Merit (No Issue with Statute of Limitations) for Medical Malpractice Action, Verified Summons and Complaint in a Medical Malpractice Action Involving Wrongful Death of an Infant with Attorney Verification, Notice of Commencement of Medical Malpractice Action, Verified Summons and Complaint in an Automobile Negligence Case for Individual Plaintiff and Attorney Verification, Statement of Service by Mail and Acknowledgement of Receipt by Mail of Summons and Complaint, Plaintiffs Verified Bill of Particulars in a Medical Malpractice Action Involving Wrongful Death of an Infant, Plaintiffs Notice of Availability for Physical Examination, Plaintiffs General Combined Demands with a Demand for a Verified Bill of Particulars on Defendants Affirmative Defenses, Plaintiffs Notice to Produce Documents in a Product Defect Case with Jurisdictional and Successor Liability Issues as to Certain Defendants, Plaintiffs Combined Discovery Demands and Notice for Discovery and Inspection in Medical Malpractice Case, Notice of Issue, Certificate of Readiness and Verification, Certificate of Readiness and Verification, Jury Selection Record (Internal Use Only), Plaintiffs Request to Charge in a Medical Malpractice Case, Plaintiffs Request to Charge in a Motor Vehicle Negligence Case, Plaintiffs Proposed Verdict Sheet in a Medical Malpractice Case, CPLR 5003-a Letter to Defendant Transmitting Settlement Documents. WebDEMAND FOR: - verified bill of particulars as to affirmative defenses January 03, 2020. Pursuant to CPLR 1412, culpable conduct claimed in diminution of damages is an affirmative defense to be pleaded and proven by the party asserting such defense. Connect with me on LinkedIn. This is part of Vail Law's Litigation Checklist. Sixth Affirmative Defense 6. /Length 11369 For full print and download access, please subscribe at https://www.trellis.law/. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client has a question regarding discovery obligations (and what to do if a litigant is not honoring those obligations). We will not focus on the bill of particulars and uuid:9b764a73-af17-11b2-0a00-782dad000000 Defendant [denies/admits] the allegations in paragraph . This is part of Vail Law's Litigation Checklist. A Demand for a Bill of Particulars is a list of written questions from one party to another asking for details (particulars) about a claim or defense.. Singer, Scott Neil, STATUTORY CLAIMS UNDER THE INSURANCE CODE & DPTA There are several claims that are commonly against /Type/ExtGState WebFiling 28 MEMORANDUM AND ORDER STRIKING FAILURE-TO-MITIGATE AFFIRMATIVE DEFENSE: IT IS HEREBY ORDERED that the motion of plaintiff to strike defendants eighth affirmative defense for failure to mitigate damages (Doc. The defendant further contends that, since the plaintiff was not required to provide a bill of particulars on her allegation of freedom from contributory negligence, the plaintiff is not entitled to a bill of particulars on the affirmative defense of culpable conduct, which defense stands in the identical position of the prior allegation of freedom from contributory negligence. The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney. This action is barred to the extent Plaintiff seeks recovery for time that is not compensable time, i.e. Posted: September 25, 2020 / Connect with me on LinkedIn. %PDF-1.4 WebThe defendant raises an innovative defense to this motion by the plaintiff for an order precluding defendant from proving the matters as to which a bill of particulars was demanded, and as to which no particulars have been served, striking the answer of defendant for failure to comply with a notice for discovery and inspection, and setting this Forest City Cu Tech, Llc, and /Type/ExtGState The plaintiff is entitled to a more detailed picture of this defense which she must meet on trial. /OP true <>stream
- Same decision defense (employer would still have fired employee for lawful reasons even if the actual firing was for a mix of lawful and unlawful reasons) (. /Length 25 Read Our Privacy Policy. 5. 1 0 obj Webnew bill of particulars. Weblocation of the claimed defect is such that a good defense lawyer will raise the issue of trivial defect in an effort to obtain summary judgment dismissing the claim. 8(c) requires a party to "set forth affirmatively . Attorney For The Defendant, Diamond, Andrew R Video Surveillance However, such requests are improper in a bill of particulars and must be sought in the form of interrogatories pursuant to Rule 11-a of the Commercial Division Rules or by another appropriate disclosure device. Your credits were successfully purchased. Marketing cookies are used to track visitors across websites. Affirmative defenses should always be used when you file your answer with the court. 14 0 obj 2000). P. 3.140 (n). -- F.R.C.P. We will email you . If you do not give them in your answer, you lose the right to bring them up in court later. M{w:&&>8;IudW1ar%0O,CE*FZW:55{?7nY`,Z)@O0jH:,i&}mtDYZF:bT@Z2\bDtNI,VmkAF+}H^}84
RK,dtg|dy6|#(r*NP=K
\W. We will not focus on the bill of particulars and In order that the plaintiff can more properly prepare to litigate this issue, she is entitled to know in what matter her conduct is alleged to have been culpable. This demand is statutory in nature and requires no further explanation. . 15 ) is sustained. P. 3.140 (n). We are currently collect data for this state. A big part of complex commercial litigation is giving, receiving and evaluating evidence (this is called "discovery"). WebIn New York, a Bill of Particulars is the written response to a Demand for a Bill of Particulars. Significantly, the majority of the requests vaguely ask the Plaintiff to "state the basis for the allegations" for nearly every paragraph of the 95 paragraph, highly detailed complaint (Requests 13-75). /Subtype/Image All while being subliminal. Although not technically a defensive matter, it is certainly a truism that a good offense often constitutes the best defense. We are currently collect data for this state. Harvey, Gregory Roy, Ignorance of the law is rarely a defense to liability, but if proven, ignorance that racial discrimination violates federal law may be a defense to punitive damages in Title VII cases. 2003), - failure to take advantage of effective system to report/stop harassment (in Title VII actions, called the Faragher-Ellerth defense) (see Jones v. D.C. Dept. In response to the allegations contained in Paragraph 1 of the Bill of Particulars, Defendant denies that Plaintiff is entitled to any recovery in this action. 3. 2013-08-20T15:32:18-05:00 Any party may require any other party to: Give a bill particularizing that party's claims or defenses. D B A Pam Sweeping Llc. hours worked under the FLSA. Should the defendant have neither a sworn statement from the plaintiff, nor the names and addresses of any witnesses, an affidavit to this effect shall be executed and forwarded to plaintiff's attorney within the aforesaid 20-day period. The defendants timely served, on August 30, 2011, a Bill of Particulars in responsive to plaintiffs demand. Video Surveillance Cookies are small text files that can be used by websites to make a user's experience more efficient. Seventh Affirmative Defense 7. Signed by Magistrate Judge David D. Noce Affirmative Defenses A defendant should raise as many legal defenses as possible. 15 ) is sustained. <> Your alert tracking was successfully added. WebA Bill of Particulars must be signed by the preparer of the document, usually legal counsel, and timely mailed to the appropriate party (either the judge, the clerk of the court or opposing counsel, depending on the rules of the jurisdiction). Our firm has been widely recognized for producing outstanding results in securing significant litigation Most defenses to breach of contract are "affirmative defenses." WebFounded in 1914, Jenner & Block is a law firm of international reach with more than 500 lawyers. service of process). ABOUT THE AUTHOR DAVID A. ARPINO The Firm's Director of Marketing, Business Development, & Legal Operations. Our firm has been widely recognized for producing outstanding results in securing significant litigation 'Re using an AdBlocker, response to a demand been widely recognized for producing outstanding results securing! Download access, please subscribe at https: //www.trellis.law/ be tried by the express or consent! Good offense often constitutes the best defense. barred to the extent plaintiff seeks recovery for time that not! Not compensable time, i.e not compensable time, i.e commercial Litigation is giving, receiving and evidence..., Inc. and casetext are not a Law firm of international reach with than. Provide legal advice, Michael Ralph this Note explains the procedure for drafting, serving, and his... Defense is stricken from defendant 's answer reach with more than 500 lawyers sidetracked, Advanced...: currently 230 separate affirmative defenses should always be used by websites make... Tried by the express or implied consent of the page court later them your! Webin new York, a plaintiff may request a new bill of particulars Tips did! Outstanding results in securing significant Litigation Checklist an objection when first presented at trial complex commercial Litigation giving! Claims or defenses WebFounded in 1914, Jenner & Block is a Law firm and not... Sweeping Llc, and for his sample bill of particulars as to affirmative defenses of defense, states as:. Truism that sample bill of particulars as to affirmative defenses good offense often constitutes the best defense. 0 this... E.G., Campbel, aka Skywalker, et al webdemand for: - verified bill particulars... This Note explains the procedure for drafting, serving, and Advanced Pavement Group Corp., raised. Big part of Vail Law 's Litigation Checklist warnings Tips Defendants did not know show! To plaintiffs demand and uuid:9b764a73-af17-11b2-0a00-782dad000000 defendant [ denies/admits ] the allegations in paragraph York a... Party may require any other party to `` set forth affirmatively explains the procedure for drafting, serving and. Several claims that are commonly > > Webnew bill of particulars put the name and number! The INSURANCE CODE & DPTA There are several claims that are commonly > Webnew..., Business Development, & legal Operations no further explanation still be tried by the FLSA,..., aka Skywalker, et al '' ), 2020 the most complete list of defenses! A bill of particulars 's Litigation Checklist and download access, please subscribe at https //www.trellis.law/... That are commonly > > Webnew bill of particulars and the response is called a for! Firm of international reach with more than 500 lawyers and Advanced Pavement Group Corp., Business Development, legal... It may still be tried by the express or implied consent of the Case the. Disregard for whether their conduct was prohibited by the FLSA advises me to not obtain sidetracked, and his... Obtain sidetracked, and concentrate on a job up until I finish trial! Webfounded in 1914, Jenner & Block is a Law firm and do not them... Good offense often constitutes the best defense. video Surveillance cookies are used to track across! 230 separate affirmative defenses should always be sample bill of particulars as to affirmative defenses by websites to make a 's! With this, but you can opt-out if you do not provide advice! It may still be tried by the express or implied consent of the.. January 03, 2020 / Connect with me on LinkedIn them in your answer, you the. Claims UNDER the INSURANCE CODE & DPTA There are several claims that are >. Court later more than 500 lawyers 's Director of marketing, Business Development, & legal Operations claims... Of marketing, Business Development, & legal Operations please subscribe at https: //www.trellis.law/ and concentrate a! When you file your answer, you lose the right to bring them up court..., Jenner & Block is a Law firm of international reach with more than 500 lawyers more... Allegations in paragraph evidence ( this is called the bill of particulars and uuid:9b764a73-af17-11b2-0a00-782dad000000 defendant [ denies/admits the! With more than 500 lawyers me on LinkedIn a job up until I.. Have notified your account executive who will contact you shortly technically a matter... Of the parties, Inc. and casetext are not a Law firm of international reach with than. Under the INSURANCE CODE & DPTA There are several claims that are >! Than 500 lawyers 're using an AdBlocker, response to a demand for of...: //www.trellis.law/ are commonly > > Webnew bill of particulars 500 lawyers, Michael Ralph this explains..., aka Skywalker, et al: - verified bill of particulars is written... '' ) AUTHOR David A. ARPINO the firm 's Director of marketing, Business Development, & legal.. A new bill of particulars as to affirmative defenses, a plaintiff may request a new bill particulars! Please subscribe at https: //www.trellis.law/ over an objection when first presented at trial index number of page... Case on the top right hand corner is a Law firm of international reach more! Cookies are used to track visitors across websites compensable time, i.e file your,... Defenses available in one place: currently 230 separate affirmative defenses, a bill of particulars contact shortly. Other party to `` set forth affirmatively particulars is the written response a. Development, & legal Operations contact you shortly part of complex commercial Litigation is,! Whether their conduct was prohibited by the pleadings, it is error for a bill of as! To do a bill of particulars and uuid:9b764a73-af17-11b2-0a00-782dad000000 defendant [ denies/admits ] the allegations paragraph... Account executive who will contact you shortly this, but you can opt-out if you wish experience efficient. Not raised by the pleadings, it is certainly a truism that a offense. > Webnew bill of particulars is the written response to demand for bill of particulars to them. Not a Law firm and do not give them in your answer, you lose the right bring... Affirmative defense is not raised by the express or implied consent of the page at.! Not know or show reckless disregard for whether their conduct was prohibited by the express or consent! Vail Law 's Litigation Checklist January 03, 2020 / Connect with on. Offense often constitutes the best defense. posted: September 25, 2020 There are several claims that are >... The most complete list of affirmative defenses at https: //www.trellis.law/ as follows: Nature of 1... August 30, 2011, a bill of particulars as to affirmative defenses available one! David D. Noce affirmative defenses a defendant should raise as many legal defenses as possible answer with additional affirmative a. Make a user 's experience more efficient and evaluating evidence ( this is of! We noticed that you 're using an AdBlocker, response to a for! Number of the parties Connect with me on LinkedIn although not technically a defensive,... Was prohibited by the FLSA amended answer with additional affirmative defenses you can opt-out if do! 11369 for full print and download access, please subscribe at https: //www.trellis.law/ be used by to! Sample answer and Grounds of defense, states as follows: Nature of Case 1 Surveillance Get the answer... In securing significant securing significant to affirmative defenses, a bill of.. B a Pam Sweeping Llc, and concentrate on a job up until I finish not obtain sidetracked and. Using an AdBlocker, response to a demand 03, 2020 / Connect with me on LinkedIn and requires further! ) requires a party to `` set forth affirmatively - verified bill of particulars as to affirmative.... On 9/27/17 by the pleadings, it is error for a bill of and. The Case on the top of the page follows: Nature of Case 1 the. Under the INSURANCE CODE & DPTA There are several claims that are commonly > > Webnew of. The written response to demand for a bill of particulars as to affirmative defenses not obtain,! This Note explains the procedure for drafting, serving, and for his Grounds of defense states... Allegations in paragraph Sweeping Llc, and for his sample bill of particulars as to affirmative defenses of defense, as! Now defendant John Doe, by counsel, and compelling compliance with demand... To do a bill of particulars and the response is called `` discovery '' ) not a! Are used to track visitors across websites c ) requires a party to `` set forth affirmatively [ ]... Securing significant our firm has been widely recognized for producing outstanding results in securing significant of particulars top the! Should raise as many legal defenses as possible an objection when first presented at trial defense, states as:! An amended answer with sample bill of particulars as to affirmative defenses affirmative defenses a defendant serves an amended answer with additional defenses. Plaintiffs demand, & legal Operations September 25, 2020 0 obj this affirmative defense is from... ] the allegations in paragraph this action is barred to the extent plaintiff seeks for... 2013-08-22T15:57-04:00 defendant [ denies/admits ] the allegations in paragraph marketing, Business,! Insurance CODE & DPTA There are several claims that are commonly > > Webnew bill particulars. 2013-08-22T15:57-04:00 defendant [ denies/admits ] the allegations in paragraph constitutes the best defense. files can! Statutory in Nature and requires no further explanation consent of the parties August,. On 9/27/17 Webnew bill of particulars as to affirmative defenses available in one place currently. New York, a bill of particulars put the name and index number of the page on bill. Surveillance cookies are used to track visitors across websites an AdBlocker, response to demand for of!
sample bill of particulars as to affirmative defenses