If a pleading is verified, a subsequent bill of particulars shall also be verified. A bill of particulars of any pleading with respect to a cause of action for negligence shall be verified whether such pleading be verified or not.
§ 3044.Verification of bill of particulars
Article 30. Remedies and Pleading · Last amended 1995 · Last verified July 21, 2026
In one sentenceCPLR 3044 requires a bill of particulars to be verified whenever the underlying pleading was verified, and requires verification in every negligence case regardless of whether the pleading itself was verified.
Full Text of CPLR 3044
Plain-English Summary
Verification means a party swears, under oath, that the statements in a document are true. Section 3044 ties the verification of a bill of particulars to the pleading it supplements: if the pleading was verified, the bill of particulars that follows has to be verified too.
Negligence cases get a rule of their own. A bill of particulars responding to a negligence claim must be verified even if the underlying pleading wasn't -- the plaintiff can't rely on an unverified complaint to avoid swearing to the specifics later demanded in the bill of particulars.
The practical effect is that a party preparing a bill of particulars in a negligence action should assume verification is required and check the pleading's status for every other type of claim.
Frequently Asked Questions
Does a bill of particulars have to be verified in New York?
It depends on the pleading, with one exception: if the pleading was verified, the bill of particulars must be verified too, and in a negligence case the bill of particulars must be verified either way.
Is a bill of particulars in a negligence case always verified?
Yes. CPLR 3044 requires verification for a bill of particulars responding to a negligence cause of action whether or not the underlying pleading was verified.
My complaint wasn't verified -- does my bill of particulars still need to be?
Only if the case involves a negligence cause of action. Otherwise, an unverified pleading means the following bill of particulars doesn't need verification either.
What does it mean to verify a bill of particulars?
It means the party (or an authorized representative) swears under oath that the facts stated in the bill of particulars are true, the same as verifying a pleading.
Why does CPLR 3044 single out negligence cases?
Negligence claims often hinge on factual detail -- how an accident happened, what notice existed -- so the rule requires that detail to be sworn to no matter how the pleading was served.
Amendment History
Add, L 1962, ch 308; amd, L 1964, ch 291, § 1; L 1994, ch 562, § 3, 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 3044 New Yorkverified bill of particularsbill of particulars negligence verificationdoes a bill of particulars need to be verifiedCPLR 3044 verification rule