iff's claim in this action be served on me, within ten days, showing (here state what items or particulars are demanded, as for instance), the dates, prices and quantities of the articles alleged to have been sold to defendant, and the amounts acknowledged to have been paid and credited thereor, Or, the items of damage the plaintiff claims to have sustained by reason of the alleged wrongful acts of the defendant. Or, the amount, nature and kind of services which he claims, and the value of the same by items, the occasion that rendered the same, as he claims, necessary. (See 25 Wis., 81.) (Date.) - (Signature.) NOTE. This demand may be made before moving for an order that they be furnished, with a view to having costs allowed on the motion, if it has to be made. No. 74. Afidavit for motion to obtain order for bill of R. S., sec. 2672. (State.) particulars. (Court.) (Title of action.) County, ss. being first duly sworn on oath, says that he is the defendant (or defendant's attorney) in this action: That the complaint herein was served on the 18-. day of That the cause of action therein stated is for (here state what) and is alleged in general terms, and fails to state the particulars of the plaintiff's claim. day of That, as appears by the papers herewith submitted, the defend--, 18-, mul demand in writing ant on the on the plaintiff that he deliver a bill of particulars of his claim; that notwithstanding such dem ind no (sufficient) bill of particulars has been served on or furnished to the defendant. That the defendant's purpose is to defend this action, in good faith, and he is ignorant of the particulars of the plaintiff's claim (or, of the acts, or, breaches, or, items of damage on which the plaintiff relies to make out his case), and- That it is necessary and material to his defense that such bill of particulars be rendered as he is advised by his counsel, Esq., who resides at --, upon full statement of the case to said counsel, which statement he has fully and fairly made, and as affiant verily believes. That no previous motion has been made for such bill of particulars, and that this affidavit is made for the purpose: 1. Of moving for an order that such bill of particulars be furnished. 2. Of moving for an extension of time in which to answer. 3. Of moving for a stay of proceedings on plaintiff's part, until such bill of particulars as may be ordered shall be served on the defendant. 4. Of moving for such other order or relief as the court (or, the judge) may grant in the premises. (Jurat.) (Signature.) No. 75. Order to furnish bill of particulars. R. S., sec. 2672. (State.) (Court.) (Title of action.) (Caption, if at term.) The motion of defendant for order that a bill of particulars of the plaintiff's claim coming on to be heard on the day of A. D. 18- (at said term) as noticed, and on reading the complaint, the affidavit of the (defendant) and (here mention other papers used on hearing), attorney for defendant, for the plaintiff op appearing for the motion, and posing, and after hearing and being advised in the premises, Ordered, That within days after the service of this order on his attorney, the plaintiff deliver to the defendant's attorney a (verified) bill of particulars of the demand for which this action is brought, showing and stating fully (here, if desired, specify what the bill shall specially state), and— That all proceedings herein, on the part of the plaintiff, be stayed, and that the defendant have twenty days, after the service of such bill, in which to answer the complaint, and ten dollars, the costs of this motion. (Date.) (Signature.) NOTE. In case the demand is by the plaintiff for the bill of particulars of a counterclaim, the forms above indicated can readily be adapted to the purpose. No. 76. Copy of account to be furnished on demand. sec. 2672. R. S., (Title of action.) Sir: Please take notice that hereto annexed is a copy of the account referred to in the complaint herein and demanded by you. (Signature.) (Date.) NOTE. Hereto annex copy of account and verification if complaint is verified. The verification may be in the following form: No. 77. Verification of account or bill of particulars. being first duly sworn on County, ss. oath, says that he is the plaintiff in the above entitled action, and that the foregoing is a correct account (or, bill of particulars) of the plaintiff's claim on which this action is brought, and that he verily believes it to be true. (Jurat.) (Signature.) NOTE. If account or bill of particulars is of claim set up in the answer as a counterclaim, the foregoing form may be adapted to the case. No. 78. Afidavit for motion for further bill of particulars. County, ss. being first duly sworn on oath, says that he is the defendant in this action, and that on the day of 18-, the plaintiff, upon defendant's demand (or, upon an order so requiring), served on the defendant's attorney herein a copy of the account mentioned in his complaint (or, a bill of particulars of the plaintiff's demand on which this action is brought), which copy so served is hereto annexed. That the same is so defective. vague, indefinite and insufficient that the defendant is unable to answer the same (or, to go to trial thereon), and a further account (or, bill of particulars), is necessary to enable the defendant to plead in this action and prepare (State reasons.) his defense therein, for the following reasons: (Signature.) (Jurat.) No. 79. Notice of motion for further account or bill of particulars. Same as in No. 6, indicating that it is for a further account or bill of particulars. No. 80. Notice of motion to preclude party from giving evidence of account or bill of particulars. (State.) (Court.) (Title of action.) Sir: Please take notice that upon the complaint herein and the account and further account (or, bill of particulars and further bill of particulars) heretofore served herein, and upon the affidavit of a copy of which is hereto annexed and herewith served on you, the defendant, by his counsel, will move the court, at the next regular term thereof, at the court house in the of in said county, at the opening of the court on the day of -, 18-, or as soon thereafter as counsel can be heard, for an order herein that the plaintiff be precluded from giving evidence on the trial of this action, of the matters of which he has failed and refused to furnish a sufficient bill of particulars (or, account), to-wit (here specify the matters sought to be precluded), and for such other order or relief as the court may grant in the premises. (Date.) (Address.) (Signature.) Defendant's Attorney. No. 81. Order precluding plaintiff from giving evidence on trial under R. S., sec. 2672. The motion of the defendant for an order precluding the plaintiff from giving evidence of certain matters therein specified, coming on to be heard at said term, on the 18--. day of herein and attorney for the (defendant) for On reading and filing the affidavit of on the pleadings and (here state other papers used in the motion), and after hearing the motion, and plaintiff's attorney in opposition, and being advised in the premises: Ordered, That, upon the trial of this action, the plaintiff be precluded from giving evidence of, or in support of, the matters of which he has failed to furnish a (further) sufficient account (or, bill of particulars) as required herein, to-wit (here specify the matters precluded), and that the plaintiff have ten dollars, the costs of this motion. By the court: Circuit Judge. No. 82. Notice of motion to make pleading more definite and certain. R. S., sec. 2683. (State.) day of Sir: Please take notice that upon the (complaint) heretofore served in this action, the defendant, by his counsel, will move the , 18—, court at the next regular term thereof, to be held at the court house, in the city of, on the at the opening of court on that day, or as soon thereafter as counsel can be heard, for an order requiring the complaint herein to be made more definite and certain in this respect, to-wit: (Here state the respects in which greater definiteness and certainly are deemed necessary.) (Date.) (Signature.) Defendant's Attorney. Plaintiff's Attorney. No. 83. Order requiring complaint to be made more definite and certain. R. S., sec. 2883. (Begin with proper recitals, as in No. 81.) On motion of attorney for the defendant, Ordered, That the plaintiff mike his complaint herein definite and certain by amendment, by showing (here state the respects on days after which it is to be amended), and that within service of this order on his attorney, he serve on the defendant's attorney a copy of the complaint as amended, and pay ten dollars, the costs of this motion. By the court: Circuit Judge. |