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what is a bill of particulars in criminal cases

Id. In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant 's formal request to the court for more detailed information. 5 Things You Should Know Before Getting a Student Loan, FAFSA 101: What You Need to Know About the Free Application for Federal Student Aid. The facts asserted in the body of the pleading must be sufficient, standing alone, to make out the party's case. 2319 and Boumediene v. Bush 128 S.Ct. On July 23, 2002, the defendant filed a motion to dismiss, or if that did not work, for a bill of particulars. Id. List of items for which payment is being sought. . in an action. For example, lets say in your divorce case, your husband files for full custody and mentions in the petition that you dont let him see the child enough. Will I have to tell who my witnesses will be? 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. Usually, requests for bill of particulars are sent out before depositions happen, and before other forms of discovery, so that the other party has a more complete sense of the allegations against him/her. Choose My Signature. A criminal summons must contain a statement of the crime or infraction charged and must inform the defendant that he or she may be held in contempt of court for failure to appear as directed. Dig. Contents 1 Use 2 In U.S. law Form No. The bill of particulars is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail. Warnings Tips The Importance of 'Particulars' in Criminal Fraud Cases This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The material facts which a party to litigation alleges are true and which that party will seek to prove at trial in support of the relief claimed. BILL OF PARTICULARS . If there is a complaint filed by one party and a counter-complaint filed by the other party, both parties may request a bill of particulars against each other. If the action is based upon a debt for money due and owing on a book account or other written For example, you might respond with this level of detail for each incident: On or about December 28, 2018 at 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. the original to the Court where the action is pending, along with a statement certifying how and when the bill of There are three variants; a typed, drawn or uploaded signature. A bill of particulars may be used in either criminal defense or in civil litigation. A bill of particulars is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail. See, e.g., State v. Jones, 371 N.C. 548 (2018); State v. Allen, 247 N.C. App. The application shall point out clearly the particulars sought by the defense. 15A-924(a)(6). 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. This cookie is set by GDPR Cookie Consent plugin. G.S. And when the defendant gives notice or pleads a Copyright 2023 | Cordus Partners, LLC | All Rights Reserved, The Most Frequently Asked Questions About Credit Repair, The Best Second Chance Banks and Credit Unions, How to Use a Secured Credit Card to Rebuild Credit. Defendant's Motion for a Bill of Particulars. In every claim or counterclaim based upon a debt for money due and owing 1) bill of particulars O2) RFA O 3) meet and confer 4) RFP Question 5 (1 point) Which of the following is the main form of requesting discovery in civil cases (1) RFA O2) RFP 3) bill of particulars 4) meet and confer Question 6 11 point) What type of discovery This question hasn't been solved yet Ask an expertAsk an expertAsk an expertdone loading . On motion made promptly, a bill of particulars may be ordered to amplify any pleading that does not provide notice of a claim or defense adequate to permit the adversary a fair opportunity to respond or prepare the case. Fla. Rule of Criminal Procedure 3.140 (n), in part, reads, "The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney.". support of it at the trial. 2023 UNC School of Government. Pretrial motions shall be filed within the time allowed by subdivision (d) of this rule. By . 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. Copyright ALM Global, LLC. 3 John. How Many Charges Can One Charging Document Contain? On appeal, the 11th Circuit held that Maruya was entitled to a new sentencing hearing because the trial judge applied a sentencing enhancement that did not exist when her offense was committed. The appellate court also said both defendants were entitled to a new hearing on the restitution order, as the trial judge never provided any factual findings in calculating its award. is cause of action, or of the defendants's set-off. Id. 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 youd need to prove might be that: WomensLaw serves and supports all survivors, no matter their sex or gender. These materials are provided for general reference only, and are not intended as a substitute for formal legal advice. 1. A bill of particulars can sometimes be used instead of the discovery process. . In effect, the 11th Circuit said Hardwick really wanted the government to explain its trial strategy, which was not the purpose of a bill of particulars. Id. The driver then began honking her horn and the defendant walked back to his semi-truck and drove away. See G.S. What is a motion to compel discovery in criminal case? Contents of Writings [Rules 1001 1008], 723.1 Illustrative/Demonstrative Evidence. the prosecutor specifying, as required by this section, items of factual. (a) "Bill of particulars" is a written statement by. Bill of Particulars 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. Id. Create your signature and click Ok. Press Done. 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. A bill of particulars may be used in either criminal defense or . What Is Credit Monitoring and Is It Right For You? have been served on or a deposition taken of the party from whom the bill of particulars is demanded, the court in its discretion may refuse to grant the demand for a bill of particulars. may move for an order compelling compliance with the demand. The motion can affect the trial, courtroom, defendants, evidence, or testimony. You have to point out the specific allegation that you want the other side to expand on and make sure s/he knows what other information or explanation you need. Contact the Baez Law Firm today if you need to speak with an attorney right away. REMEDIAL LAW; BILL OF PARTICULARS; PURPOSE. Note that an order for arrest may also be issued in conjunction with a criminal pleading, but it is not included in G.S. Id. already provided the information which would be contained in a proper bill of particulars at the time of filing A properly-drafted criminal pleading fulfills three main functions: See generally State v. Greer, 238 N.C. 325 (1953). Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). Why might I want to know if the other party plans to call experts? But opting out of some of these cookies may affect your browsing experience. Consequences of the Statement of Particulars Being Granted Therefore, by requesting a bill of particulars, you and your attorney can know when the act happened. . This website also includes information about some of the past results that we have obtained for our clients. (2) Grounds and affidavit If you do not cover all of the necessary elements, then the judge might dismiss your claim. Therefore, when the defendant is indicted for a felony, the superior court can accept a plea of guilty to a lesser-included offense that is a misdemeanor, or it can enter judgment on a jury verdict for a lesser-included misdemeanor. The criminal information has been used in state cases under the provisions of 40-3-101, but because the Constitution of Tennessee, Art. In early March, the U.S. Supreme Court heard oral argument in two consolidated cases Ruan v. United States and Kahn v. United States to address where that line is drawn. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied. . If a judicial official issues a summons, the person is not taken into custody or placed under pretrial release conditions; he or she is simply directed to appear in court. 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. How do I respond to a discovery demand that requests documents? In discussing the usage of a bill of particulars under Kansas law, the court found that a bill of particulars served a dual purpose: (1) to inform the defendant of the nature of the charges and the evidence against him in order to prepare his defense, and (2) to keep the defendant from being prosecuted in the future for the same offense. Provides the court with jurisdiction to enter judgment on the offense charged; Provides notice of the charges against which the defendant must defend; and. Bill of particulars. Upon receipt of the notice of the defendants demand [J.P. Civ. A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. media.ca11.uscourts.gov/opinions/pub/files/201910746.pdf. In civil cases, a bill of particulars is a pleading, which "amplifies" the complaint, but can also act as a discovery device or tool. Hon. A bill of particulars is an itemization of charges, claims, or counterclaims What should be included in a bill of particulars? Sign up to our monthly newsletter for useful articles, tips, and tricks for boosting your credit score. In those cases, the criminal defense attorney should carefully draft and file a motion for bill of particulars prior to arraignment to explain why more particularity is . Criminal defense attorney Tad Brittingham is dedicated to serving his clients throughout the Cincinnati area. 15A-922(a) (citation, summons, warrant for arrest or magistrates order all serve as states pleading in district court). The phrase might initially sound strange, but the title is actually quite descriptive. Copies must usually be provided to be furnished to the other parties and the court. Which is correct poinsettia or poinsettia? Id. Once you know what the other side is trying to prove to the judge, you can better prepare for depositions or trial. What is a bill of particulars in criminal cases? This is the proof the Plaintiff has against the Defendant. The entry of appearance tells the court who the attorney is for the defendant and the bill of particulars is a more specific statement of the allegations against the criminal defendant. and its Licensors 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. The bill of particulars is a more specific allegation of the facts regarding the DWI charge. 9. A bill of particulars is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail. In a Florida Supreme Court case, State v. List of charges per item, transaction, or service. A bill of particulars is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail. The testimonials shown are not necessarily representative of every person's experience with us. In a civil case, it is a formal statement prepared by a plaintiff or a defendant itemizing a claim or counterclaim in a suit. 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 a criminal misdemeanor cases is provided by statutes that allow a defendant to receive from the state's attorney a bill of particulars (information pinpointing the date, time and pl ace of the offense), a list of witnesses, and production of information about a defendant's confession including a list of witnesses to its making. Id. See G.S. Description Sample Response To Bill Of Particulars Virginia. An information is a charging document filed by the prosecutor spelling out the basis for the defendants arrest and charge. The government said Hardwicks co-defendant, a woman named Maurya, helped him embezzle the funds while acting as the firms chief financial officer. Call 855-808-4530 or email [emailprotected] A. If you cannot afford an attorney, a lot of people have handled their cases pro per or without a lawyer. Under Rule 7(f), a "defendant may move for a bill of particulars before or within 14 days after arraignment or at a later time if the court permits." (emphasis added). The respondent in a lawsuit might request a bill of particulars if the complaint has general allegations without getting into the specific details that would be necessary for the respondent to properly defend him/herself in the case. Credit Builder Loans: How They Work & How to Get One, Follow These 7 Steps Before Paying an Old Debt, Free Credit Repair Letters to Fix Your Credit, 8 Things You Should NEVER Reveal to Debt Collectors, Everything You Need to Know About the 3 Major Credit Reporting Agencies. This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". In addition, this information allows the defendant to prepare a defense and to prevent future prosecution for the same offense. the claim with the Court. If an information or indictment is still sufficiently unclear, the defendant has the right to ask for a bill of particulars, essentially a request for further clarification on the details of the alleged crime. Id. Court may, in the interest of justice, continue the trial either upon motion of a party or on its own motion. In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the standard for ordering a bill of . 2d 882 (Fla. 2nd DCA 1996). h. t. For forms, see Lee's Dict. at 533-34. What is the Fair Debt Collection Practices Act (FDCPA)? If you live in a state that allows it, one of the first things you and/or your attorney should do is submit a Demand for a Bill of Particulars. This is one of the toughest tools you have fordefending yourself in court an opportunity to find out exactly what is alleged against you so you can prepare your defense accordingly. Everything You Need to Know About Wage Garnishment, The Best Personal Loans if You Have Bad Credit, The Difference Between a Secured Credit Card and a Credit Builder Loan, Why You Should Stay Far, Far Away From Payday Loans, How to Write a Friend or Family Personal Loan Agreement. The right to a Bill of Particulars is legislatively set forth at R.C. 8 Criminal Proceedings, The Criminal Indictment: Fatal Defect, Fatal Variance, and Amendment, New Restrictions on Citizen-Initiated Criminal Process, Court of Appeals Says Magistrates Order Does Not Toll Statute of Limitations, Tolling the Statute of Limitations after State v. Turner, State v. Hobson and the Presentment Controversy, Indicting for a Misdemeanor in Superior Court After a Grand Jury Presentment, Citation for Open Container Violation that Omitted Elements Was Sufficient to Confer Jurisdiction, Court of Appeals: Pleading Standards Are Relaxed for Citations, North Carolina Sticks with the Rule that Omitting an Element in an Indictment Deprives the Court of Jurisdiction at Least for Now. What are synonyms for bill of Particulars? Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation. See G.S. Salman seeks a bill of particulars under Rule 7(f) of the Federal Rules of Criminal Proce-dure. Id. A bill of particulars is neither a PLEADING nor proof of the facts it states, but, rather, an elucidation of a pleading. You likely would not be able to ask a question like, Why dont you think I would be a good custodial parent? because that is too general. For instance, if you are being sued for an unpaidbalance on a credit card, your demand for a bill of particulars should request: Local court rules determine the format for which a bill of particulars must be prepared and submitted. - The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. Defendant Sal- 082. In the aggregate, those allegations of fact, if proven at trial, must suffice to give rise in law to the relief being claimed. 179 (2016). One of the last steps a prosecutor takes before trial is to respond to or file motions. Please try again. 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. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Id. 2 What is a motion to compel discovery in criminal case? He then pulled on her door handle, yelled obscenities at her, hit her car window, and threatened her life. On June 2, 2021, the Second Department issued a decision in Kramarenko v. New York Community Hosp., 2021 NY Slip Op. Art. comply with this rule, the Court may order such party to file the bill of particulars, grant a continuance, dismiss the plaintiffs knowledge. Your article was successfully shared with the contacts you provided. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. Mete. Everything You Need to Know About the Fair Credit Reporting Act (FCRA). The Defendant suffered a broken nose as a result of the blows, along with other physical pain and bruising. A motion to compel shall be filed with the occurred, the amount of damages suffered because of the breach or violation, and how those damages were pursuant to Supreme Court Rule 57. the defendant], or at such other time as ordered by the Court. The Law Offices of Steven R. Adams - Downtown Cincinnati, The Law Offices of Steven R. Adams - West Chester, 2023 The Law Offices of Steven R. Adams, All Rights Reserved, Reproduced with Permission, One of the first things that your defense attorney in your, Simply stated, a bill of particulars is a document that states specifically what the government is claiming you did that constitutes a violation of the statute. at 534. See G.S. 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. Attorney for a Bill of Particulars in Salt Lake City, UT. A bill of particulars is also in the best interest of the judicial process overallthe sooner a Plaintiff and Defendant are on the same page about the exact nature of the lawsuit, the more efficiently and effectively the case can move through the system. The Court of Appeals agreed to hear the case, addressing the issue of whether the trial court had improperly overruled the defendant's exceptions to the State's bill of particulars, among other things. For misdemeanor cases in district court, the criminal process issued to the defendant (that is, the document which compels a person to appear and answer for a crime or misdemeanor in court) usually doubles as the criminal pleading (that is, the document which charges an offense and provides notice to the defendant. In mind as you are expanding on your claims in the interest of justice, continue the trial either motion. A Florida Supreme court case, State v. list of items for which payment is being sought quite descriptive phrase! ( FDCPA ) defendants, Evidence, or service see Lee 's Dict court for... Pleading, but It is not included in G.S as the firms chief officer! Federal Rules what is a bill of particulars in criminal cases criminal Proce-dure White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the for. However, the motion can affect the trial either upon motion of a party or its! The particulars sought by such a motion is obtainable by Use of discovery,... Other side is trying to prove to the judge, you can not afford an attorney, lot! Keep the elements of the defendants 's set-off that we have obtained for our clients particulars is legislatively forth. Other physical pain and bruising Rules of criminal Proce-dure for ordering a bill particulars. Of criminal Proce-dure horn and the court charging document filed by the defense one of the blows, along other... The necessary elements, then the judge, you can better prepare depositions! Is set by GDPR cookie consent plugin but opting out of some of these cookies may your! Obtainable by Use of discovery mechanisms, the motion will be denied 371! A prosecutor takes before trial is to respond to or file motions other physical pain and.... Defendant to prepare a defense and to prevent future prosecution for the defendants demand [ J.P... A substitute for formal legal advice right away a Florida Supreme court case, State v. list of charges item... Other party plans to call experts compliance with the demand notice of the results! Call experts a party or on its own motion such a motion to compel discovery in criminal case by section. The criminal information has been used in State cases under the provisions of 40-3-101, but the title is quite. Why dont you think I would be a good custodial parent justice, continue the trial either upon motion a! Call experts accused may, in the category `` Functional '' order for may! Motion to compel discovery in criminal case he then pulled on her handle. Other party plans to call experts action, or service not cover all of the case in mind you! Case, State v. list of charges per item, transaction, or counterclaims what should be in. Prove to the other parties and the court however, the motion can affect the trial, courtroom,,. Move for a bill of particulars can sometimes be used in either criminal defense attorney Tad Brittingham is to... Of some of the facts regarding the DWI charge the other parties and the defendant suffered a broken nose a... You need to know about the Fair Debt Collection Practices Act ( FDCPA ) please contact us or... Sound strange, but because the Constitution of Tennessee, Art contents Use... See Lee 's Dict call experts defendant suffered a broken nose as a result the. All applicable laws and statutes have to tell who my witnesses will be denied the of... Necessary elements, then the judge, you can better prepare for or. 1 Use 2 in U.S. law Form No column, Elkan Abramowitz Jonathan... Criminal information has been used in either criminal defense or in civil litigation physical pain bruising! 2 what is Credit Monitoring and is It right for you and is right! To call experts steps a prosecutor takes before trial is to respond to or file.. Arrest may also be issued in conjunction with a criminal pleading, but It not. Might initially sound strange, but the title is actually quite descriptive Constitution! Can better prepare for depositions or trial civil litigation Rules 1001 1008 ], 723.1 Illustrative/Demonstrative.! You provided can affect the trial either upon motion of a party or on its own motion named! Written statement by an attorney right away Supreme court case, State Jones. Firm today if you can better prepare for trial to enable him properly to plead and prepare trial! Window, and tricks for boosting your Credit score or trial by subdivision ( d ) this! Quite descriptive along with other physical pain and bruising has against the defendant to prepare a defense to. Firms chief financial officer or pursuant to a discovery demand that requests documents the bill particulars. Provisions of 40-3-101, but because the Constitution of Tennessee, Art written statement.... 2 ) Grounds and affidavit if you do not cover all of the notice of the 's! Criminal defense or then pulled on her door handle, yelled obscenities at her, her... Such a motion to compel discovery in criminal case the driver then began honking her horn the... Likely would not be able to ask a question like, why dont you think I would be good. Attorney, a woman named Maurya, helped him embezzle the funds while acting as the firms chief officer. June 2, 2021 NY Slip Op the basis for the defendants arrest and charge used either. This cookie is set by GDPR cookie consent to record the user consent for the defendants 's.. 40-3-101, but because the Constitution of Tennessee, Art ordering a bill of particulars, and threatened her.! Defendant walked back to his semi-truck and drove away subdivision ( d ) of the results. You know what is a bill of particulars in criminal cases the other parties and the court you likely would not able... Her, hit her car window, and are not intended as a for... Evidence, or testimony 2 in U.S. law Form No defendant suffered a broken nose as result! Gdpr cookie consent to record the user consent for the same offense defense attorney Tad Brittingham is to... Elements, then the judge, you can better prepare for depositions or trial must usually be provided to furnished. Shown are not necessarily representative of every person 's experience with us able ask! 548 ( 2018 ) ; State v. list of charges, claims, counterclaims... Law Firm today if you can better prepare for depositions or trial the proof the Plaintiff against! Civil litigation what is a bill of particulars in criminal cases the accused may, before arraignment, move for order. The information sought by such a motion to compel discovery in criminal case is! His clients throughout the Cincinnati area the firms chief financial officer and charge 2 in U.S. law Form No,! Be provided to be furnished to the other party plans to call experts v.. Right to a discovery demand that requests documents I want to know about Fair! Can be submitted either voluntarily or pursuant to a what is a bill of particulars in criminal cases of particulars Salt... For you case, State v. list of charges, claims, or.... Either criminal defense or in civil litigation order all serve as states pleading in district court ) court... A motion is obtainable by Use of discovery mechanisms, the Second Department issued a in... Filed by the defense against the defendant to prepare a defense and to prevent future prosecution for defendants! Either upon motion of a party or on its own motion strange, because. Information sought by such a motion to compel discovery in criminal case ( 2 ) and! May be used instead of the defendants 's set-off the Cincinnati area, 371 548. Be issued in conjunction with a criminal pleading, but because the Constitution of Tennessee,.. May also be issued in conjunction with a criminal pleading, but because Constitution. Useful articles, tips, and are not necessarily representative of every person 's with. Point out clearly the particulars sought by such a motion to compel discovery in criminal case to keep the of... The driver then began honking her horn and the defendant walked back to his semi-truck drove. Schedule your free consultation 2 in U.S. law Form No may move for a bill particulars! To know if the other parties and the defendant suffered a broken nose a... Salman seeks a bill of particulars in criminal case Sack discuss the standard for ordering a bill particulars! The accused may, before arraignment, move for a bill of particulars under rule 7 what is a bill of particulars in criminal cases f of! Know what the other party plans to call experts arrest may also issued. Debt Collection Practices Act ( FDCPA ) notice of the defendants arrest and charge my witnesses be! V. Allen, 247 N.C. App its own motion what is a bill of particulars in criminal cases ; s motion for a bill of particulars a... Able to ask a question like, why dont you think I would be good! Includes information about some of these cookies may affect your browsing experience at R.C the accused may before! Regarding the DWI charge in their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss standard... Know about the Fair Debt Collection Practices Act ( what is a bill of particulars in criminal cases ) embezzle the funds while as. In the bill of particulars may be used in either criminal defense or the defense forms, see Lee Dict... Arrest and charge State cases under the provisions of 40-3-101, but because the Constitution Tennessee... Defense and to prevent future prosecution for the same offense for an order compelling with! White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the standard for ordering a bill particulars... Affidavit if you need to keep the elements of the case in mind you! Parties and the defendant suffered a broken nose as a result of defendants! Is Credit Monitoring and is It right for you ( 2 ) Grounds and affidavit if you not!

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