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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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GlobalTech Manufacturing, Inc. (Plaintiff) sues Apex Components, Ltd. (Defendant) for breach of a supply contract for microchips used in medical devices. The complaint alleges that Apex missed several deliveries and some lots failed to meet specifications, but it does not specify the exact delivery dates, lot numbers, the precise contract provisions allegedly violated, or the basis for the claimed damages. Apex moves for a Bill of Particulars under Rule 12, requesting: (i) the precise delivery dates for each late shipment and the specific lots affected; (ii) the batch/lot numbers and the exact 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 within 15 days. Plaintiff objects that a Bill of Particulars is a discovery device and that 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?

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Clara

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