In a derivative action, the complaint shall set forth with particularity the effort of the plaintiff to secure initiation of the action by a general partner or the reasons for not making the effort.

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Terms Used In West Virginia Code 47-9-58

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See West Virginia Code 47-9-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.