![]() The COA reviewed the statutory entitlement to a bill of particulars as to the charge of reckless endangerment in the Dzikowski case and concluded that the State’s response to the defendant’s demand was legally insufficient. ![]() Some criminal statutes provide for mandatory bills of particulars and other statutes, with no specific statutory entitlement to a bill of particulars, call upon the trial court to exercise its discretion in deciding whether or not to grant a defendant’s request for a bill of particulars. The COA in Dzikowski held that merely directing a defendant to look to the discovery provided by the State cannot suffice as a substitute for a legally sufficient bill of particulars pursuant to CL 3-206(d)(5). The COA answered that question in the negative and found that the trial court abused its discretion with resulting prejudice to the defendant when it denied Dzikowski’s exceptions to the State’s nonspecific responses to the question posed in his demand for a bill of particulars. The question before the COA in Dzikowski was whether the State’s response to the defendant’s request for a bill of particulars met the statutory requirement if it merely directed the defendant to look to the discovery the State has provided where a defendant, upon timely request, is statutorily guaranteed a bill of particulars detailing the allegations against him and the factual basis of those allegations. State, 2013 WL 6850029 (12-30-13) the Court of Appeals has infused new vitality into the use of a bill of particulars as a tool to ensure constitutional notice to one charged with a crime where a charging document has been drafted using the statutory short form or is otherwise very general in it allegations. THE BILL OF PARTICULARS – ALIVE AND KICKIN’ AGAIN! The form for all civil applications, other than applications for leave to appeal, in the Victorian Court of Appeal.įorm 64B Application other than for leave to appeal ( doc 47.00KB)įorm 64B Application other than for leave to appeal ( pdf 114.The Bill of Particulars – Alive and Kickin’! This includes all forms required to file a new civil appeal in the Court of Appealįorm 64A Application for Leave to Appeal ( doc 57.00KB)įorm 64A Application for Leave to Appeal ( pdf 136.09KB)įorm 64B Application other than for leave to appeal The template for agreed lists of transcript references for civil matters in the Victorian Court of Appeal.Īgreed list of transcript references ( pdf 28.74KB)Īgreed list of transcript references ( doc 27.00KB)įorm 64A Application for Leave to Appeal / Notice of Appeal The form for notifying the Victorian Court of Appeal that a party objects to competency of a civil application.įorm 64H - Notice of objection to competency ( pdf 9.93KB)įorm 64H - Notice of objection to competency ( doc 23.50KB) ![]() Information about the Victorian Court of Appeal's process for anonymising criminal applications and/or appeals.Ĭourt of appeal protocol - anonymisation of criminal applications or appeals march 2019 ( docx 53.68KB)Ĭourt of appeal protocol - anonymisation of criminal applications or appeals march 2019 ( pdf 177.66KB)įorm 6-1A Subpoena to attend to give evidence (Criminal)Ī form 6-1A Subpoena to attend to give evidence is used to compel a person to attend to give evidence at the trial of a criminal proceeding.įorm 6-1A - Subpoena to attend to Give Evidence ( DOCX 28.44KB)įorm 6-1A - Subpoena to attend to Give Evidence ( pdf 196.28KB)įorm 6-1B - Subpoena to produce (Criminal)Ī form 6-1B Subpoena to produce is used to compel a person to produce documents at the trial of a criminal proceeding.įorm 6-1B - Subpoena to Produce ( DOCX 34.18KB)įorm 6-1B - Subpoena to Produce ( pdf 226.59KB)įorm 6-1C - Subpoena both to attend to give evidence and to produce (Criminal)Ī form 6-1C Subpoena both to attend to give evidence and to produce is used to compel a person to give evidence and produce documents at the trial of a criminal proceeding.įorm 6-1C - Subpoena both to Attend to Give Evidence and to Produce ( DOCX 34.91KB)įorm 6-1C - Subpoena both to Attend to Give Evidence and to Produce ( pdf 228.17KB)įorm 64H - Notice of objection to competency The form for applying for court fees to be waived in a civil matter in the Victorian Court of Appeal.Īpplication for Waiver of Court Fees ( pdf 767.18KB)Īpplication for Waiver of Court Fees ( doc 487.00KB) A lists of the penalty interest rates, dating back to 1 July 1988.
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