![]() ![]() If the forfeiture is contested, on either party's request the court must conduct a hearing after the verdict or finding of guilty. The court's determination may be based on evidence already in the record, including any written plea agreement, and on any additional evidence or information submitted by the parties and accepted by the court as relevant and reliable. If the government seeks a personal money judgment, the court must determine the amount of money that the defendant will be ordered to pay. If the government seeks forfeiture of specific property, the court must determine whether the government has established the requisite nexus between the property and the offense. As soon as practical after a verdict or finding of guilty, or after a plea of guilty or nolo contendere is accepted, on any count in an indictment or information regarding which criminal forfeiture is sought, the court must determine what property is subject to forfeiture under the applicable statute. (b) Entering a Preliminary Order of Forfeiture. The indictment or information need not identify the property subject to forfeiture or specify the amount of any forfeiture money judgment that the government seeks. ![]() The notice should not be designated as a count of the indictment or information. A court must not enter a judgment of forfeiture in a criminal proceeding unless the indictment or information contains notice to the defendant that the government will seek the forfeiture of property as part of any sentence in accordance with the applicable statute. this harassment caused severe emotional distress.(a) Notice to the Defendant.For example, if you are suing an abusive partner in civil court for money damages because you were harassed, you might sue based on “intentional inflection of emotional distress.” Generally, the elements that you’d need to prove might be that: If you do not cover all of the necessary elements, then the judge might dismiss your claim. If a statute controls your case, meaning that the specific things you need to prove to get the relief you are asking for are set out in a state or federal law, then you should read the statute to see if there are certain things that you need to prove these are called “elements.” You will need to keep the elements of the case in mind as you are expanding on your claims in the bill of particulars. If there are certain incidents that happened for which you cannot recall details and others where you can vividly remember details, you may decide to only include the ones that you know you can testify to. Make sure you are truthful and accurate in your bill of particulars because any inconsistencies between what you include in the bill and testimony that you give in a deposition or trial can be used to damage your credibility and your case. ![]() Plaintiff estimates the entire attack to have lasted three to five minutes.” The Defendant suffered a broken nose as a result of the blows, along with other physical pain and bruising. These blows landed around the head, neck, and shoulder area of the Defendant. For example, you might respond with this level of detail for each incident: “On or about Decemat 7:00 pm the Defendant shoved Plaintiff to the ground in the kitchen of their marital home and struck Plaintiff approximately 12 times with closed fists. For example, if you filed a divorce action based on the ground of cruel and inhuman treatment, you may have just alleged in your petition that you were “subjected to cruel and inhuman treatment during the marriage.” The request for a bill of particulars may say: “Defendant hereby demands a bill of particulars setting forth the specifics of the alleged cruel and inhuman treatment.” In the bill of particulars that you write up, you will explain exactly what you meant by cruel and inhuman treatment, while keeping in mind what you can prove at trial, and the approximate dates that the incidents happened. You need to think about what it is that you need to prove to the judge in order to win your case and then explain in more detail the general allegations that you made in your complaint or petition. When you receive a request for a bill of particulars, you should first read it over very carefully and then read your complaint or petition. ![]()
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