(735 ILCS 5/2-607) (from Ch. 110, par. 2-607)
Sec. 2-607.
Bills of particulars.
(a) Within the time a party is to
respond to a pleading, that party may, if allegations are so wanting in
details that the responding party should be entitled to a bill of
particulars, file and serve a notice demanding it. The notice shall point out
specifically the defects complained of or the details desired. The
pleader shall have 28 days to file and serve the bill of particulars, and
the party who requested the bill shall have 28 days to plead after being
served with the bill.
(b) If the pleader does not file and serve a bill of particulars within
28 days of the demand, or if the bill of particulars delivered is
insufficient, the court may, on motion and in its discretion, strike the
pleading, allow further time to furnish the bill of particulars or require
a more particular bill to be filed and served.
(c) If a bill of particulars, in an action based on a contract,
contains the statement of items of indebtedness and is verified by oath,
the items thereof are admitted except in so far as the opposite party
files an affidavit specifically denying them, and as to each item denied
states the facts upon which the denial is based, unless the affidavit is
excused by the court.
(d) If the party on whom a demand for a bill of particulars has been
made believes that the party demanding it is not entitled to the
particulars asked for, he or she may move the court that the demand be denied
or modified.
(Source: P.A. 86-646.)
|