In a derivative action, the complaint must state with particularity:

Terms Used In North Dakota Code 45-10.2-92

  • 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 general partners; or

2.    Why demand should be excused as futile.