In a derivative action under § 47-34A-1102, the complaint must state with particularity:

(1) The date and content of the plaintiff‘s demand and the response to the demand by the managers or other members; or

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Terms Used In South Dakota Codified Laws 47-34A-1104

  • 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.

(2) If a demand has not been made, the reasons a demand under § 47-34A-1102 would be futile.

Source: SL 1998, ch 272, § 1104; SL 2013, ch 233, § 42.