In a derivative action to enforce a right of a limited cooperative association, the complaint shall state:

(1)  the date and content of the plaintiff‘s demand under Subsection 16-16-1301(1) and the association’s response;

Terms Used In Utah Code 16-16-1303

  • 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 a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)  if 90 days have not expired since the demand, how irreparable harm to the association would result by waiting for the expiration of 90 days; and

(3)  if the association agreed to bring an action demanded, that the action has not been brought within a reasonable time.

Amended by Chapter 378, 2010 General Session