In a derivative action under section 10-32.1-34, the complaint must state with particularity:

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Terms Used In North Dakota Code 10-32.1-36

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    The date and content of the demand of the plaintiff and the response to the demand by the other members, managers, or board of governors; or

2.    If a demand has not been made, the reasons a demand under subsection 1 of section 10-32.1-34, would be futile.