Rule 3043 of the Civil Practice Law and Rules was the original section of the CPLR governing the content of bills of particulars in personal injury cases when the Civil Practice Act was replaced by the Legislature in 1962. In the past 50 years there have been few changes to its terms, and all of those changes are more than 25 years old. Medical malpractice litigation, however, has become increasingly sophisticated over the past 25 (not to mention 50) years, and thus the rule is long overdue for revision.
The avowed purpose of the bill of particulars, as set forth by the Appellate Division, First Department, in Twiddy v. Standard Marine Transp. Services Inc., is to “amplify the pleadings, limit the proof, and prevent surprise at trial.”1
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