(a) Demand. A demand for a bill of particulars shall be made by serving a written demand stating the items concerning which particulars are desired. Within thirty days of service of a demand for a bill of particulars, the party on whom the demand is made shall serve a bill of particulars complying with each item of the demand, except any item to which the party objects, in which event the reasons for the objection shall be stated with reasonable particularity. The assertion of an objection to one or more of the items in the demand shall not relieve the party on whom the demand is made from the obligation to respond in full within thirty days of service of the demand to the items of the demand to which no objection has been made.
R 3042.Procedure for bill of particulars
Article 30. Remedies and Pleading · Last amended 1995 · Last verified July 21, 2026
In one sentenceCPLR 3042 governs the mechanics of a bill of particulars -- a 30-day response deadline, one amendment as of right before the note of issue, and court remedies from an order compelling a response to CPLR 3126 penalties for stalling or overreaching demands.
Full Text of CPLR 3042
(b) Amendment. In any action or proceeding in a court in which a note of issue is required to be filed, a party may amend the bill of particulars once as of course prior to the filing of a note of issue.
(c) Failure to respond or to comply with a demand. If a party fails to respond to a demand in a timely fashion or fails to comply fully with a demand, the party seeking the bill of particulars may move to compel compliance, or, if such failure is willful, for the imposition of penalties pursuant to subdivision (d) of this rule.
(d) Penalties for refusal to comply. If a party served with a demand for a bill of particulars willfully fails to provide particulars which the court finds ought to have been provided pursuant to this rule, the court may make such final or conditional order with regard to the failure or refusal as is just, including such relief as is set forth in section thirty-one hundred twenty-six of this chapter.
(e) Service of improper or unduly burdensome demands. If the court concludes that the demand for particulars, or a part thereof, is improper or unduly burdensome, in addition to vacating or modifying the demand, the court may make such order with regard to the improper or unduly burdensome demand as is just.
Plain-English Summary
A demand for a bill of particulars starts with a written demand identifying, item by item, what the demanding party wants to know. The party on the receiving end has thirty days to serve a bill answering every item, except any item it objects to -- and if it objects, it has to state its reasons with reasonable particularity, not just recite a boilerplate objection. Objecting to some items doesn't buy extra time on the rest: the responding party still has to answer, within the same thirty days, every item it hasn't objected to.
Once a note of issue is required in the case, a party gets to amend its bill of particulars once, without asking the court, any time before that note of issue is filed. After that, further amendments need the court's permission.
When a party ignores a demand or answers it incompletely, the party who served the demand can move to compel a proper response. If the failure was willful, the moving party can ask for penalties instead, and section 3126 supplies the menu of sanctions available -- up to and including striking a pleading or precluding evidence. The rule cuts the other way, too: if a court decides a demand itself is improper or unduly burdensome, it can vacate or narrow it and issue whatever other order the situation calls for.
Frequently Asked Questions
How long do I have to respond to a bill of particulars demand in New York?
Thirty days from service of the demand, for every item you aren't objecting to.
Can I object to part of a bill of particulars demand?
Yes, but you have to state the reasons for the objection with reasonable particularity, and objecting to some items doesn't excuse you from answering, within thirty days, the items you haven't objected to.
What happens if a party refuses to answer a bill of particulars demand?
The party who served the demand can move to compel a response, and if the refusal was willful, can instead move for penalties under CPLR 3126.
Can I amend my bill of particulars after I've served it?
Yes, once as of right any time before a note of issue is filed; after that, you need the court's permission.
What can I do if the other side's bill of particulars demand is overbroad?
You can ask the court to find the demand improper or unduly burdensome; the court can vacate or modify it and make any other order the situation calls for.
Is CPLR 3126 relevant to a bill of particulars dispute?
Yes, when a party willfully fails to provide particulars the court finds it should have provided, the court can impose the relief set out in section 3126.
Amendment History
Add, L 1962, ch 308; amd, L 1978, ch 296, § 1, eff June 19, 1978; L 1978, ch 297, § 1; L 1984, ch 294, § 1; L 1994, ch 562, § 2, eff Jan 1, 1995.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 3042 New Yorkbill of particulars demand New YorkCPLR 3042 30 day deadlinemotion to compel bill of particularsbill of particulars response deadline New Yorkobject to bill of particulars demand