IN THE DISTRICT COURT OF [__] COUNTY, KANSAS
[PLAINTIFF LEGAL NAME], )
Plaintiff, )
)
v. ) Case No. _____
)
[DEFENDANT LEGAL NAME], )
Defendant. )
COMPLAINT FOR BREACH OF CONTRACT
[// GUIDANCE: This template is drafted to comply with the Kansas Code of Civil Procedure, Kan. Stat. Ann. § 60-101 et seq., and is suitable for filing in any Kansas state District Court. All bracketed fields must be customized before filing.]
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PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. [PLAINTIFF LEGAL NAME] (“Plaintiff”) is a [corporation/LLC/individual] organized under the laws of [state] with its principal place of business at [address].
1.2 Defendant. [DEFENDANT LEGAL NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [state] with its principal place of business at [address], and may be served with process pursuant to Kan. Stat. Ann. § 60-304 at [registered agent/physical address].
1.3 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction pursuant to Kan. Stat. Ann. § 60-201 because the amount in controversy exceeds the statutory minimum and the claims arise under Kansas contract law.
1.4 Personal Jurisdiction and Venue. Defendant transacts business in Kansas and the contract at issue was [executed/performed/breached] in this County. Venue is therefore proper under Kan. Stat. Ann. § 60-604. -
FACTUAL ALLEGATIONS
2.1 The Contract. On or about [DATE], Plaintiff and Defendant entered into a written contract titled “[CONTRACT TITLE]” (the “Contract”), attached hereto as Exhibit A.
2.2 Plaintiff’s Performance. Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations under the Contract, including without limitation:
a. [Describe performance 1]
b. [Describe performance 2]
2.3 Defendant’s Breach. Defendant materially breached the Contract by:
a. Failing to pay $[AMOUNT] when due on [DATE]; and
b. [Any additional breaches].
2.4 Notice and Opportunity to Cure. On [DATE], Plaintiff provided written notice of breach pursuant to Section [] of the Contract and demanded cure within [] days. Defendant failed to cure.
2.5 Damages. As a direct and proximate result of Defendant’s breach, Plaintiff has incurred damages of at least $[AMOUNT], plus continuing losses, attorneys’ fees, interest, and costs. -
COUNT I – BREACH OF CONTRACT
3.1 Plaintiff realleges Paragraphs 1 through 2 as if fully set forth herein.
3.2 Valid Contract. The Contract constitutes a valid and enforceable agreement supported by mutual consideration.
3.3 Material Breach. Defendant’s non-performance constitutes a material breach of the Contract.
3.4 Damages. Plaintiff has been damaged in an amount to be proven at trial, but not less than $[AMOUNT].
3.5 Injunctive Relief. Because monetary damages alone are inadequate to remedy Defendant’s ongoing refusal to [specific performance obligation], Plaintiff is entitled to injunctive relief pursuant to Kan. Stat. Ann. § 60-901.
WHEREFORE, Plaintiff prays for judgment as set forth in Section 4 below. -
PRAYER FOR RELIEF
Plaintiff respectfully requests that the Court enter judgment in its favor and award:
a. Compensatory damages in an amount to be proven at trial, but not less than $[AMOUNT];
b. Pre- and post-judgment interest at the statutory rate under Kan. Stat. Ann. § 16-201;
c. Specific performance and/or injunctive relief compelling Defendant to [describe];
d. Costs and reasonable attorneys’ fees as permitted by the Contract and Kan. Stat. Ann. § 60-2006;
e. Such other and further relief as the Court deems just and proper. -
DEMAND FOR JURY TRIAL
Pursuant to Kan. Stat. Ann. § 60-238, Plaintiff demands a trial by jury on all issues so triable.
[OR]
Plaintiff does not demand a jury trial and affirmatively waives the same. -
DESIGNATION FOR PLACE OF TRIAL
Plaintiff designates [__] County, Kansas, as the place of trial pursuant to Kan. Stat. Ann. § 60-609.
Date: _______ Respectfully submitted,
[ATTORNEY NAME] (#____)
[LAW FIRM NAME]
[Address]
[Phone] [Email]
ATTORNEYS FOR PLAINTIFF
- VERIFICATION (OPTIONAL)
I, [CLIENT NAME], being duly sworn, state that I have read the foregoing Complaint and that the factual allegations therein are true and correct to the best of my knowledge, information, and belief.
[CLIENT NAME]
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: _____
- CERTIFICATE OF SERVICE
I hereby certify that on _, 20, a true and correct copy of the foregoing Complaint was filed with the Clerk of the District Court and was served upon the Defendant via [method] in accordance with Kan. Stat. Ann. §§ 60-203 and 60-304.
[ATTORNEY NAME]
END OF DOCUMENT
[// GUIDANCE:
1. Pleading Requirements. Kansas follows notice pleading (Kan. Stat. Ann. § 60-208), so detailed fact pleading is unnecessary but recommended for clarity and leverage in settlement.
2. Service Rules. Select a preferred service method (sheriff, special process server, or certified mail). Personal service remains the most reliable and easily provable under § 60-304.
3. Discovery Limits. Kansas has no mandatory initial disclosures. Interrogatories are limited to 30 unless the court orders otherwise; depositions generally run one day of 7 hours absent court order. Confer with opposing counsel early and memorialize any discovery agreements in writing.
4. Injunctive Relief. Temporary restraining orders and preliminary injunctions are governed by Kan. Stat. Ann. § 60-901 et seq. Include specific facts demonstrating irreparable harm to support any TRO motion.
5. Attorneys’ Fees. Recoverable only if provided by contract or statute (e.g., Kan. Stat. Ann. § 60-2006 for open-account actions). Verify that the underlying contract contains an attorneys’-fees clause before pleading for them.
6. Interest. The statutory rate is set annually by the Kansas Secretary of State; confirm the current rate before finalizing the demand.
7. Jury Trial. Kansas counterpart to Fed. R. Civ. P. 38 requires a written jury demand within 14 days after service of the last pleading directed to such issue. If the contract includes a valid jury-waiver clause, delete Section 5.
8. Exhibits. Always attach a complete, executed copy of the Contract as Exhibit A and any notices of breach as additional exhibits.
]