State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-925

§15A‑925.  Bill of particulars.

(a)        Upon motion of adefendant under G.S. 15A‑952, the court in which a charge is pending mayorder the State to file a bill of particulars with the court and to serve acopy upon the defendant.

(b)        A motion for a billof particulars must request and specify items of factual information desired bythe defendant which pertain to the charge and which are not recited in thepleading, and must allege that the defendant cannot adequately prepare orconduct his defense without such information.

(c)        If any or all ofthe items of information requested are necessary to enable the defendantadequately to prepare or conduct his defense, the court must order the State tofile and serve a bill of particulars. Nothing contained in this sectionauthorizes an order for a bill of particulars which requires the State torecite matters of evidence.

(d)        The bill ofparticulars must be filed with the court and must recite every item ofinformation required in the order. A copy must be served upon the defendant, orhis attorney. The proceedings are stayed pending the filing and service.

(e)        A bill ofparticulars may not supply an omission or cure a defect in a criminal pleading.The evidence of the State, as to those  matters within the scope of the motion,is limited to the items set out in the bill of particulars. The court maypermit amendment of a bill of particulars at any time prior to trial. (1973,c. 1286, s. 1.)