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![]() ![]() ![]() Another judge shall be designated by the chief justice of the supreme court. If the contempt charged involves disrespect to or criticism of a judge, the judge shall disqualify himself or herself from presiding at the hearing. All issues of law and fact shall be heard and determined by the judge. The defendant is entitled to be represented by counsel, have compulsory process for the attendance of witnesses, and testify in his or her own defense. The judge may conduct a hearing without assistance of counsel or may be assisted by the prosecuting attorney or by an attorney appointed for that purpose. A hearing to determine the guilt or innocence of the defendant shall follow a plea of not guilty. The defendant may be arraigned at the time of the hearing, or prior thereto at the defendant’s request. The defendant shall be admitted to bail in the manner provided by law in criminal cases. The judge may issue an order of arrest of the defendant if the judge has reason to believe the defendant will not appear in response to the order to show cause. ![]() A defendant’s omission to file motions or answer shall not be deemed as an admission of guilt of the contempt charged. All motions and the answer shall be in writing unless specified otherwise by the judge. The defendant, personally or by counsel, may move to dismiss the order to show cause, move for a statement of particulars, or answer the order by way of explanation or defense. The order shall specify the time and place of the hearing, with a reasonable time allowed for preparation of the defense after service of the order on the defendant. The judge, on the judge’s own motion or on affidavit of any person having knowledge of the facts, may issue and sign an order directed to the defendant, stating the essential facts constituting the criminal contempt charged and requiring the defendant to appear before the court to show cause why the defendant should not be held in contempt of court. State codes of criminal procedure and the Federal Rules of Criminal Procedure regulate the use of bills of particulars in criminal prosecutions in their respective courts.A criminal contempt, except as provided in rule 3.830 concerning direct contempts, shall be prosecuted in the following manner: As in civil procedure, a bill of particulars is not intended to serve as a discovery device. The defendant is given notice of the offenses with which he or she is charged so that a defense may be prepared and the possibility of surprise or double jeopardy avoided. It is submitted by the prosecution to the defendant, at the defendant's demand, to provide the facts alleged in the complaint or the indictment that related to the commission of the crime. In criminal law, a bill of particulars serves the same purpose. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied. In federal courts the Federal Rules of Civil Procedure have replaced the use of a bill of particulars with a motion for a more definite statement. State codes of civil procedure impose rules that govern the use of bills of particulars in civil actions brought in state court. It is not to be used as a discovery device to learn the evidence or strategy to be used at trial by the opposing party. A bill of particulars is neither a pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. ![]() It also serves to expedite the orderly progress of judicial proceedings by reducing, if not eliminating, the need for the amendment of ambiguous or vague pleadings. Its function is to give the party who requests it knowledge of what the opposing party has alleged in order to protect the party requesting the bill from surprise and in order to establish the real issues of the action. A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. Although usually requested by a defendant, it can be demanded by a plaintiff if the defendant makes a counterclaim for a setoff or asserts a defense against him or her. In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. ![]()
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