Section 4.11 Bill of Particulars

• Library: Criminal Practice 2012 Supp

F. (§4.11) Bill of Particulars

A bill of particulars may be filed when it appears that the indictment or information fails to inform the accused of the particulars of the offense sufficiently to enable the accused to prepare a defense. A bill of particulars may be made before or within ten days after the arraignment. Thereafter, the timeliness of the motion for a bill of particulars is subject to the trial court’s discretion. Rule 23.04.

The bill of particulars can be amended as justice requires. A motion for bill of particulars is subject to the discretion of the trial court. United States v. Gray, 464 F.2d 632 (8^th Cir. 1972); Ross v. United States, 374 F.2d 97 (8^th Cir. 1967). When an indictment or information alleges the essential facts constituting the offense charged but fails to inform the accused of the particulars of the offense sufficiently to prepare a defense...