Procedure for bill of particulars

Rule 3042. Procedure for bill of particulars. (a) Demand. A demand for
a bill of particulars shall be made by serving a written demand stating
the items concerning which particulars are desired. Within thirty days
of service of a demand for a bill of particulars, the party on whom the
demand is made shall serve a bill of particulars complying with each
item of the demand, except any item to which the party objects, in which
event the reasons for the objection shall be stated with reasonable
particularity. The assertion of an objection to one or more of the items
in the demand shall not relieve the party on whom the demand is made
from the obligation to respond in full within thirty days of service of
the demand to the items of the demand to which no objection has been
made.

(b) Amendment. In any action or proceeding in a court in which a note
of issue is required to be filed, a party may amend the bill of
particulars once as of course prior to the filing of a note of issue.

(c) Failure to respond or to comply with a demand. If a party fails to
respond to a demand in a timely fashion or fails to comply fully with a
demand, the party seeking the bill of particulars may move to compel
compliance, or, if such failure is willful, for the imposition of
penalties pursuant to subdivision (d) of this rule.

(d) Penalties for refusal to comply. If a party served with a demand
for a bill of particulars willfully fails to provide particulars which
the court finds ought to have been provided pursuant to this rule, the
court may make such final or conditional order with regard to the
failure or refusal as is just, including such relief as is set forth in
section thirty-one hundred twenty-six of this chapter.

(e) Service of improper or unduly burdensome demands. If the court
concludes that the demand for particulars, or a part thereof, is
improper or unduly burdensome, in addition to vacating or modifying the
demand, the court may make such order with regard to the improper or
unduly burdensome demand as is just.