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(Motion for Bill of Particulars)
MOTION FOR BILL OF PARTICULARS
Defendant, through the undersigned counsel and unto this Honorable Court, respectfully avers:
1. That the plaintiff's complaint in paragraph 5 alleges:
From August 3 to December 2003, defendant never paid anything to herein plaintiff. The check that he issued as partial payment for the first month also bounced. x x x(underscoring supplied)
2.The said allegation is not averred with sufficient definiteness and particularity, specifically it does not mention the amount of the check therein mentioned, its check number, date, and the drawee bank;
3.That a more definite statement on the matters as above-indicated is necessary in order to enable the defendant to prepare its responsive pleading because from the very onset of this controversy, the main dispute was on what was actually and exactly agreed upon by the parties as the amount of monthly rentals on the lease of plaintiff's property;
4.However, due to the fact that defendant corporation had to transfer its liaison offices depending on its project sites, the check stub where the above-mentioned check came from was probably misplaced and could no longer be found;
5.That a bill of particulars or a more definite statement as to particulars of the said check which was allegedly issued by the defendants as partial payment for the first month would definitely simplify the issues in this case, and hopefully uncomplicate the negotiations between the parties for an amicable settlement.
WHEREFORE, defendant most respectfully prays that an order be issued by this Honorable Court requiring the plaintiff to make more definite statement as to the particulars of the check mentioned in paragraph 5 of his complaint, particularly stating its amount, check number, date, and the name of the drawee bank.
_____________, Philippines, __Date__.
(NOTICE OF HEARING)