Key Takeaway
New York Appellate Term rules that amending a bill of particulars on the eve of trial requires judicial discretion exercised in a "discreet, circumspect, prudent and cautious manner."
Understanding Late Amendment of Bills of Particulars in New York Personal Injury Cases
In personal injury litigation, the bill of particulars serves as a crucial document that provides detailed information about the plaintiff’s claims, including the nature and extent of injuries, damages sought, and specific allegations against the defendant. While courts generally allow amendments to bills of particulars throughout the discovery process, the timing of such requests becomes increasingly important as trial approaches.
The case law in New York has consistently held that late procedural motions require careful judicial consideration, particularly when they could potentially disrupt trial schedules or prejudice opposing parties. This principle becomes especially relevant when dealing with amendments sought close to trial, as such timing can create strategic disadvantages for defendants who may need additional time to prepare their defense based on newly disclosed information.
Understanding when and how courts exercise their discretion in these matters is essential for both plaintiffs and defendants navigating the pre-trial discovery phase, especially when disclosure issues may impact summary judgment motions.
Jason Tenenbaum’s Analysis:
Finocchiaro v Wall St. Mail Pk-Up Serv., Inc., 2010 NY Slip Op 51255(U)(App. Term 2d Dept. 2010)
I am including this case today, because the Appellate Term (see the bold below) has shared with us something that might have come from a spy novel: “While leave to amend a bill of particulars is ordinarily freely granted in the absence of prejudice and surprise, when leave to amend is sought on the eve of trial, judicial discretion should be exercised in a discreet, circumspect, prudent and cautious manner (see Kyong Hi Wohn v County of Suffolk, 237 AD2d 412 ).”
Key Takeaway
The Finocchiaro decision establishes that while courts typically allow amendments to bills of particulars without much scrutiny during the discovery phase, judges must apply heightened discretion when such requests come immediately before trial. The Appellate Term’s emphasis on exercising judgment in a “discreet, circumspect, prudent and cautious manner” underscores the court’s responsibility to balance the plaintiff’s right to amend their pleadings against potential prejudice to defendants who may be caught off-guard by last-minute changes to the case’s factual foundation.
