What principle applies if the request for particulars amounts to a request for evidence?

In legal proceedings, the principle surrounding requests for particulars clarifies that if such a request effectively seeks evidence rather than specific details necessary for the opposing party to understand the case, it can be refused.

Particulars are intended to provide clarity about the claims made in pleadings, ensuring that the other party is adequately informed about the nature of the allegations or defenses they face, not to obligate a party to disclose evidence. Therefore, when a request for particulars steps beyond seeking clarification to instead demand substantiating evidence, it falls outside the appropriate scope of particulars.

This principle upholds the idea that parties are not required to provide all their evidential material during this early stage of proceedings. It also ensures that the discovery process remains structured, allowing evidence to be revealed at the appropriate time, typically through formal discovery or during the trial itself. In this context, requests that cross the line into evidence gathering do not align with the purpose of a particulars request, thereby justifying a refusal.