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Question
In a breach of contract case, Acme Steel, Inc. (Plaintiff) sues Delta Rails, Ltd. (Defendant) for delivery of defective rails under a supply contract. The Complaint states that several shipments were late and nonconforming, but it does not specify the exact delivery dates, batch numbers, the contract provisions allegedly violated, or the basis for damages. Delta Rails moves for a Bill of Particulars under Rule 12, seeking: (i) the precise dates of each late or nonconforming shipment; (ii) the batch numbers and the specific contract provisions allegedly violated; (iii) the computation or basis for the claimed damages; and (iv) the documentary and other evidentiary support on which Plaintiff relies. The trial court grants the motion and orders Plaintiff to file the Bill of Particulars within 15 days. Plaintiff objects, arguing that a Bill of Particulars is a discovery instrument and pleadings should suffice. (a) Identify the controlling doctrine behind the Bill of Particulars and the proper scope of a Bill of Particulars under Rule 12. (b) Distinguish the Bill of Particulars from pre-trial discovery and state what may and may not be demanded in a Bill of Particulars. (c) Apply the rule to the facts: is the trial court’s grant of the Bill of Particulars proper? What specific details must Plaintiff include in its Bill of Particulars to comply with the rule?