§ 3041.Bill of particulars in any case.
Article 30. Remedies and Pleading · Last amended 1995 · Last verified July 21, 2026
Full Text of CPLR 3041
Plain-English Summary
Section 3041 is short, but it's the hook everything else in this part of Article 30 hangs on. It gives any party in a New York civil case the right to demand a bill of particulars from another party -- a document that fills in the detail behind a claim already stated in a pleading. It also covers a related situation: when a pleading alleges an account (say, a running balance owed), a party can demand a copy of the items making up that account.
The section adds a small definitional point that matters when reading the rest of Article 30: wherever the phrase 'bill of particulars' shows up later in the article, it includes a copy of the items of an account. That keeps sections 3042 through 3044 -- on demand procedure, contents, and verification -- from having to repeat themselves every time an account is involved.
A bill of particulars isn't a pleading and doesn't amend one. It's a discovery-adjacent tool that pins down facts already alleged in general terms, so the other side knows what it has to defend against and isn't ambushed at trial.
Frequently Asked Questions
What is a bill of particulars in New York?
It's a document one party demands from another under CPLR 3041 that fills in the factual detail behind a claim the pleading already states in general terms.
Who can demand a bill of particulars under CPLR 3041?
Any party to the action, with respect to any other party's claim.
Is a copy of the items of an account the same thing as a bill of particulars?
For purposes of Article 30, yes. Section 3041 says the term 'bill of particulars' includes a copy of the items of an account alleged in a pleading.
Does a bill of particulars replace or amend the pleading?
No, it doesn't. It supplies detail behind claims the pleading already makes; it isn't itself a pleading and doesn't change what's been alleged.
Is a bill of particulars required in every New York lawsuit?
No, section 3041 makes it available on demand -- a party has to request it before the other side has any obligation to provide one.
Amendment History
Add, L 1962, ch 308; amd, L 1994, ch 562, § 1, eff Jan 1, 1995.