In a derivative action under s. 183.0802, the complaint must state with particularity one of the following:

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Terms Used In Wisconsin Statutes 183.0804

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
   (1)   The date and content of plaintiff‘s demand and the response to the demand by the managers or other members.
   (2)   Why demand should be excused as futile.