Bill of particulars in personal injury actions

Rule 3043. Bill of particulars in personal injury actions. (a)
Specified particulars. In actions to recover for personal injuries the
following particulars may be required:

(1) The date and approximate time of day of the occurrence;

(2) Its approximate location;

(3) General statement of the acts or omissions constituting the
negligence claimed;

(4) Where notice of a condition is a prerequisite, whether actual or
constructive notice is claimed;

(5) If actual notice is claimed, a statement of when and to whom it
was given;

(6) Statement of the injuries and description of those claimed to be
permanent, and in an action designated in subsection (a) of section five
thousand one hundred four of the insurance law, for personal injuries
arising out of negligence in the use or operation of a motor vehicle in
this state, in what respect plaintiff has sustained a serious injury, as
defined in subsection (d) of section five thousand one hundred two of
the insurance law, or economic loss greater than basic economic loss, as
defined in subsection (a) of section five thousand one hundred two of
the insurance law;

(7) Length of time confined to bed and to house;

(8) Length of time incapacitated from employment; and

(9) Total amounts claimed as special damages for physicians' services
and medical supplies; loss of earnings, with name and address of the
employer; hospital expenses; nurses' services.

(b) Supplemental bill of particulars without leave. A party may serve
a supplemental bill of particulars with respect to claims of continuing
special damages and disabilities without leave of court at any time, but
not less than thirty days prior to trial. Provided however that no new
cause of action may be alleged or new injury claimed and that the other
party shall upon seven days notice, be entitled to newly exercise any
and all rights of discovery but only with respect to such continuing
special damages and disabilities.

(c) Discretion of court. Nothing contained in the foregoing shall be
deemed to limit the court in denying in a proper case, any one or more
of the foregoing particulars, or in a proper case, in granting other,
further or different particulars.