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Circuit Court Rules

Order: 17

Particulars and further particulars in claim or defence
    1. In all proceedings for the recovery of book or shop debts, or other running accounts, the plaintiff shall furnish full particulars of his demand within a reasonable period before, or at the time of, the service of the Civil Bill.

    2. A defendant, at any time after service of a Civil Bill upon him and before delivery of a Defence, or a plaintiff at any time after delivery of a Defence or Counterclaim, may apply to the other party by notice in writing for copies of all or any of the accounts or documents upon which the action or Defence or Counterclaim is founded, and such copies shall be delivered within seven days after receipt of such notice on payment of the usual scrivenery charges such request shall be in accordance with Form 7 of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.

    The party delivering such copies shall forthwith, on notice in writing being given, allow the other party to inspect the originals of such accounts or documents as are in his possession or procurement.

    3. Any party to a proceeding may also, at the time specified in the last preceding Rule, by notice in writing require the other party to furnish such further information as is reasonably necessary as to any specified matters arising upon the claim in a Civil Bill or upon the Defence and Counterclaim. Such request shall be in accordance with Form 8 of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.

    4. A further and better statement of the nature of the Claim or Defence or Counterclaim, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered upon such terms as to costs and otherwise, as may be just, and the Judge may order in a case of failure to comply with such order, that the Claim or Counterclaim shall be stayed or dismissed, or the Defence struck out.

    5. The party at whose instance particulars have been delivered under an Order of the Court shall, unless the Order otherwise provides, have the same length of time for pleading after the delivery of particulars that he had at the date of the service of the notice of the application. Save as in these Rules provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time.
    6. If in the opinion of the Court any party has not given sufficient particulars in any pleading, notice, or written proceeding requiring particulars, the Court may disallow to such party all or part of the costs in respect of such pleading, notice, or written proceeding, and, in addition to or in lieu of such disallowance, may award the costs and expenses occasioned by such insufficiency against such party.