Motion for Bill of Particulars

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01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

02 CASE INFORMATION

Case / File No. *

County *

Division

Defendant Name *

Charges / Counts in Indictment *

03 SPECIFIC INFORMATION REQUESTED

Exact date, time, and place of the alleged offense Specific conduct alleged to constitute each element of the offense(s) Identity of alleged victims, complaining witnesses, and eyewitnesses Specific property, currency, or items allegedly involved, including serial numbers or descriptions Means, method, and instrumentality by which the offense was allegedly committed Names and identities of alleged co-conspirators or aiders and abettors Other particulars as described below

04 PREJUDICE FROM VAGUE INDICTMENT

Explain how the vagueness of the indictment prevents adequate preparation of the defense *

Other / Additional Particulars Requested

05 INFORMAL REQUEST TO PROSECUTOR

Was an informal request made to the prosecutor before filing? *

06 CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

Method of Service

SELECTED COUNTY

— Select above —

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BILL OF PARTICULARS — KEY RULES

A bill of particulars supplements a vague indictment; it does not replace or amend it
Court has discretion to grant or deny — must show the vagueness prevents adequate defense preparation
File early — typically before arraignment or at first appearance; late filing may be disfavored
State's response to a bill of particulars binds its proof at trial — strategic benefit beyond discovery
If the indictment is facially defective, a motion to dismiss may be more appropriate than a bill of particulars
Double jeopardy is a recognized ground — if the indictment cannot identify the offense with finality

STATUTORY REFERENCE

G.S. 15A-925Bill of particulars

G.S. 15A-924Contents of pleading

G.S. 15A-952Pretrial motions

State v. Hunt357 N.C. 343 (2003)

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