You've just been served with a lawsuit in Virginia. Or maybe you're the one filing. Either way, you're staring at a "Warrant in Debt" or a "Complaint" that’s about as clear as a foggy morning in the Blue Ridge Mountains. It says you owe money or you did something wrong, but it doesn't say how, when, or exactly why.
This is where the Virginia bill of particulars comes into play. Most people—and honestly, even some lawyers who don't spend enough time in the General District Court—treat this document like a boring piece of homework. That is a massive mistake. In the Commonwealth, a bill of particulars is often the only thing standing between you and a "trial by ambush."
What a Virginia Bill of Particulars Actually Does
In simple terms, a bill of particulars is a written statement that forces a plaintiff to explain their claim in detail. If you're the defendant and the lawsuit against you is vague, you ask the judge to order one. If the judge agrees, the plaintiff has to lay their cards on the table.
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Virginia's legal system is a bit "old school." In many other states, you have massive "discovery" phases where you can ask for every email and text message under the sun. But in Virginia's General District Court (GDC), where cases under $50,000 usually live, discovery is almost non-existent. You don't get depositions. You don't get 50-page interrogatories.
Basically, the bill of particulars is your primary tool to find out what the heck the other side is actually planning to say at trial.
The Rule That Runs the Show
Under Virginia Code § 16.1-69.25:1, a judge in a district court can order a bill of particulars at any time before trial. In the Circuit Court, Rule 3:7 of the Rules of the Supreme Court of Virginia handles the heavy lifting. It says the court can order a bill to "amplify" any pleading that doesn't give the other side a fair chance to respond.
Think of it as the "anti-vague" rule.
The Trap: Don't Forget the Grounds of Defense
Here’s the thing. If the judge orders a plaintiff to file a Virginia bill of particulars, they almost always order the defendant to file a Grounds of Defense.
It’s a two-way street.
If you're the defendant, you can't just demand details and then stay silent yourself. You have to explain exactly why you don't owe the money or why the facts are wrong. If the plaintiff files their bill and you miss the deadline for your Grounds of Defense, the judge can actually hand the plaintiff a default judgment. You lose before the trial even starts.
Seriously. Don't miss the deadline.
Real Examples of When You Need One
Imagine a contractor sues a homeowner for $15,000. The Warrant in Debt just says "Unpaid Contract." That tells you nothing.
- Which contract?
- What date was the work done?
- Did they include interest?
- Are they charging for materials that were never delivered?
By requesting a bill of particulars, the homeowner forces the contractor to list every single invoice and specific task they claim wasn't paid. If the contractor says, "I fixed the roof on June 12th," but the homeowner has a photo of the contractor at the beach that day, the case starts to fall apart.
Another big one is defamation. Virginia courts are notoriously strict about defamation claims. In the case of Federal Land Bank of Baltimore v. Birchfield, the court noted that if a claim is too general, a bill of particulars is the proper way to dig out the facts. If someone sues you for "saying mean things," you use a bill of particulars to make them quote the exact words used and identify who heard them.
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Why Judges Sometimes Say No
You can't use a bill of particulars just to annoy the other side. If the original Complaint is already detailed—like, if it's 20 pages long with exhibits attached—the judge might tell you to pound sand.
The Judicial Council of Virginia has been pretty clear: if a pleading "clearly informs the opposite party of the true nature of the claim," you don't get a bill. It’s not a "fishing expedition." It’s a "clarification mission."
The Nuclear Option: Motion to Strike
What happens if the plaintiff files a Virginia bill of particulars but it's still garbage? Say the judge told them to provide specific dates, and they just wrote "sometime in 2024."
You don't just sit there. You file a Motion to Strike.
If the bill of particulars is insufficient, the court can "strike" the pleading. In some cases, this means the judge treats the claim as if it was never filed. It can literally end the lawsuit. This happened in various procedural disputes where a party failed to comply with the court's order to be specific.
How to Write One (The Practical Stuff)
If you're the one tasked with writing a bill of particulars, follow these steps:
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- Use Numbered Paragraphs: Don't write a novel. Use short, punchy, numbered sentences.
- Stick to Facts: This isn't the place for your feelings. "Plaintiff and Defendant entered a written contract on January 5, 2026," is a fact. "Defendant is a jerk who never pays," is an opinion (and a waste of ink).
- Attach Evidence: If you're talking about a check, attach a copy of the check.
- The Certificate of Service: In Virginia, if you don't include a signed statement saying you mailed a copy to the other side, the court might ignore the whole document.
Recent Changes and 2026 Trends
As of early 2026, we’re seeing Virginia courts move toward more digital filing, but the "particularity" requirement hasn't changed. In fact, with the rise of AI-generated lawsuits (which are often incredibly vague), judges are becoming more willing to order a Virginia bill of particulars to weed out junk cases.
The Virginia Supreme Court recently updated some procedural rules regarding service of process, but the core of Rule 3:7 remains the gold standard for getting the facts.
Actionable Steps for Your Case
If you are involved in a Virginia lawsuit right now, here is what you need to do:
- Check the Pleading: Read the Warrant in Debt or Complaint. If you can't tell exactly what happened from the text alone, you need to request a bill of particulars at your first court date (the "return date").
- Watch the Calendar: GDC judges usually give you 15 to 21 days to file. If you are one day late, the other side can ask for a "judgment by default."
- Be Specific in Your Request: When you ask the judge for the order, don't just say "I want more info." Say, "Your Honor, the plaintiff hasn't provided the date of the alleged breach or an itemized list of damages."
- Keep Your Grounds of Defense Ready: If the judge orders the bill, be prepared to write your defense immediately. You usually have a very short window to respond once the plaintiff's bill hits your mailbox.
The Virginia bill of particulars is a powerful shield and a sharp sword. It's the difference between guessing what a lawsuit is about and actually knowing the case you have to beat. Don't treat it like a formality; treat it like the blueprint for your trial.