RULE 12

Bill of Particulars
Section 1. When applied for; purpose. Before responding to a pleading, a party may move for a
definite statement or for a bill of particulars of any matter which is not averted with sufficient
definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading
is a reply, the motion must be filed within ten (10) days from service thereof. Such motion shall point
out the defects complained of, the paragraphs wherein they are contained, and the details desired.
Section 2. Action by the court Upon the filing of the motion, the clerk of court must immediately
bring it to the attention of the court which may either deny or grant it outright, or allow the parties the
opportunity to be heard. (n)
Section 3. Compliance with order. If the motion is granted, either in whole or in part, the
compliance therewith must be effected within ten (10) days from notice of the order, unless a different
period is fixed by the court. The bill of particulars or a more definite statement ordered by the court
may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse
party. (n)
Section 4. Effect of non-compliance. If the order is not obeyed, or in case of insufficient
compliance therewith, the court may order the striking out of the pleading or the portions thereof to
which the order was directed or make such other order as it deems just. (1[c]a)
Section 5. Stay of period to file responsive pleading. After service of the bill of particulars or of a
more definite pleading, or after notice of denial of his motion, the moving party may file his responsive
pleading within the period to which he was entitled at the time of filing his motion, which shall not be
less than five (5) days in any event. (1[b]a)
Section 6. Bill a part of pleading. A bill of particulars becomes part of the pleading for which it is
intended. (1[a]a)