Subsection (d) Summons: Personal Servico

Departmental Advice

The Marshal should not make a separate service chargo for the additional service by mail of summons and complaint under the provisions of Rule 4 (d) paragraphs (3), (4) and (5), since such service is merely a part of the complete servico, for which only one fee may be charged. (Letter, Quinn to United States liarshal Chitty, Western District of Washington, dated November 2, 1938; D. J. File No. 123106)

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Subsection (e) Motion for More Definite Statement or For a
Bill of Particulars

Eastern District of New York

October 28, 1938

Doris Graham v. New York and Cuba Mail Steamship Co., Inc., et al.

MOSCOWITZ, D. J.

This is a motion made by the defendant for a bill of particulars.

This action was brought by Doris Graham, as Administratrix of the goods, chattels and credits which were of her husband, Joseph Graham, deceased, to recover damages for his death as a result of an accident which occurred on the S. S. Yucatan, on or about February 1, 1938.

This application is governed by Rule 12 of the Rules of Civil Procedure for the District Courts of the United Statos, as follows:

"12. (o) Beforo responding to a pleading or, if no
responsive pleading is permitted by these rules, within 20
, days after the service of the pleading upon him, a party may
move for a moro dofinite statement or for a bill of particu-
lars of any mattor which is not averred with sufficient
definiteness
particularity to enable him properly to
prepare his responsive pleading or to prepare for trial.
The motion shall point out the defects complained of and
the details desired. If the motion is granted and the order
of the court is not obeyed within 10 days after notice of the
order or within such other time as the court may fix, the
court may strike the pleading to which the motion was di-,
rected or make such order as it deems just. A bill of
ticulars becomes a part of the pleading which it supple-
ments."

items:

The defendant desires a bill of particulars covering the following