This is a complaint to be filed by a former law partner who has been expelled from his law firm. It calls for an accounting of the firm, where the firm's partnership agreement did not provide for an accounting. The former partner alleges that the partnership has failed to pay him what was rightfully due, and asks for an accounting to calculate damages owing.
South Carolina Complaint for an Accounting Claim
Category:
State:
Multi-State
Control #:
US-L0107
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For An Accounting Claim?
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FAQ
Simply go to your local magistrate's office, explain your claim to the magistrate (or the magistrate's clerk), pay a small filing fee, and the magistrate's office will help you fill out the paperwork and send it to the party that you are making a claim against.
It is well established that the defense of failure to state facts sufficient to constitute a cause of action may be set forth by way of motion, pursuant to Rule 12(b)(6). Such motion may be made in any permitted pleading or even upon the trial of the case.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
In order to survive a Rule 12(b)(6) motion, a plaintiff must provide the grounds of his entitlement to relief. This requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.
Rule 12 - Relief from Judgment or Order (a) Clerical mistakes and errors arising from oversight or omission in judgments, orders, or other parts of the record may be corrected by the court at any time of its own initiative or on the motion of any party and after any notice that the court orders.
This is done through a SC Rules of Criminal Procedure Rule 5 Motion and/or a Brady vs. Maryland motion. A Rule 5 request specifically requires the State to produce: (A) Statement(s) of Defendant, (B) Defendant's Prior Record, (C) Documents and Tangible Objects, (D) Reports of Examinations and Tests.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
A motion under Rule 12(b) (like the traditional demurrer) is due before serving a responsive pleading. Therefore, it must be filed no later than 21 days after the operative complaint, counterclaim or crossclaim is served.