IN THE _ COURT OF _ COUNTY, MISSISSIPPI
[// GUIDANCE: Most breach-of-contract actions are filed in the Circuit Court (law side) rather than the Chancery Court (equity side). Confirm proper court before filing.]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
Civil Action No. _
[JURY TRIAL DEMANDED]
COMPLAINT FOR BREACH OF CONTRACT
[// GUIDANCE: Drafted to comply with the Mississippi Rules of Civil Procedure (Miss. R. Civ. P.) and common local-court preferences. Bracketed text indicates customizable fields.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- General Allegations / Factual Background
- Count I – Breach of Contract
- Count II – Injunctive Relief (Alternative or Additional)
- Conditions Precedent
- Damages
- Jury Demand (If Applicable)
- Prayer for Relief
- Certification of Service
- Verification (Optional)
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff [Plaintiff Name] (“Plaintiff”) is a [corporation/limited liability company/individual] organized under the laws of _ and having its principal place of business at _____.
1.2 Defendant [Defendant Name] (“Defendant”) is a [corporation/limited liability company/individual] organized under the laws of _ with its principal place of business at _____. Service of process may be made upon Defendant by serving its registered agent, [Name], Address, in accordance with Miss. R. Civ. P. 4.
1.3 Jurisdiction is proper under Miss. Code Ann. §11-5-1 and Miss. R. Civ. P. 2 because this action seeks monetary and equitable relief for breach of contract and the amount in controversy exceeds the jurisdictional minimum of this Court.
1.4 Venue is proper in this Court under Miss. Code Ann. §11-11-3 because (a) the contract was negotiated and/or to be performed in this County, and/or (b) Defendant resides, has its principal place of business, or may be found in this County.
2. GENERAL ALLEGATIONS / FACTUAL BACKGROUND
2.1 On or about [Effective Date], Plaintiff and Defendant entered into a written contract titled “[Contract Name]” (the “Contract”), a true and correct copy of which is attached hereto as Exhibit A.
2.2 Under the Contract, Plaintiff agreed to ______ (“Plaintiff’s Performance”) and Defendant agreed to ________ (“Defendant’s Performance”).
2.3 Plaintiff fully performed, or was ready, willing, and able to perform, all of its material obligations under the Contract.
2.4 Defendant materially breached the Contract by, inter alia:
a. Failing to ______;
b. Refusing to ________; and
c. [Additional breaches].
2.5 As a direct and proximate result of Defendant’s breaches, Plaintiff has suffered and continues to suffer damages, including but not limited to: lost profits, out-of-pocket costs, consequential damages, and attorneys’ fees, in an amount to be proven at trial but believed to exceed $_.
3. COUNT I – BREACH OF CONTRACT
3.1 Plaintiff re-alleges and incorporates by reference Paragraphs 1.1 through 2.5 as though fully set forth herein.
3.2 The Contract constitutes a valid and binding agreement supported by adequate consideration.
3.3 Defendant’s acts and omissions described above constitute material breaches of the Contract.
3.4 Plaintiff has performed all conditions precedent, or such conditions have been waived or are otherwise excused.
3.5 Plaintiff is entitled to recover all damages allowed by Mississippi law, including but not limited to expectancy, incidental, and consequential damages, plus prejudgment interest and reasonable attorneys’ fees where recoverable.
4. COUNT II – INJUNCTIVE RELIEF (Alternative or Additional)
4.1 Plaintiff realleges Paragraphs 1.1 through 3.5.
4.2 Defendant’s continued breach threatens irreparable harm for which monetary damages are inadequate, including __________.
4.3 Plaintiff seeks temporary, preliminary, and permanent injunctive relief enjoining Defendant from ______ and compelling Defendant to specifically perform ____, pursuant to Miss. R. Civ. P. 65 and applicable equitable principles.
5. CONDITIONS PRECEDENT
5.1 All conditions precedent to the filing of this action have occurred, have been performed, or have been waived.
[// GUIDANCE: If the contract contains notice-and-cure requirements, outline compliance here and attach proof as Exhibit B.]
6. DAMAGES
6.1 Plaintiff seeks the following categories of damages, each to be determined at trial:
a. Direct/expectation damages: $_;
b. Incidental and consequential damages: $_;
c. Pre- and post-judgment interest at the maximum rate allowed by Mississippi law;
d. Costs of court and reasonable attorneys’ fees as permitted under the Contract and/or Miss. R. Civ. P. 54(d).
7. JURY DEMAND (If Applicable)
7.1 Pursuant to Miss. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all issues so triable.
[// GUIDANCE: Omit or modify if the underlying Contract includes an enforceable jury-trial waiver.]
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
a. Awarding Plaintiff all compensatory, incidental, and consequential damages proven at trial;
b. Granting injunctive and/or specific performance relief as set forth in Count II;
c. Awarding pre- and post-judgment interest;
d. Awarding Plaintiff its costs of suit and reasonable attorneys’ fees;
e. Granting such other and further relief as the Court deems just and proper.
9. CERTIFICATION OF SERVICE
I certify that on the _ day of __, 20__, I served a true and correct copy of this Complaint on all counsel of record and/or parties entitled to service via [MEC electronic filing / hand delivery / certified mail], in accordance with Miss. R. Civ. P. 5.
[Attorney Name]
Miss. Bar No. _
Attorney for Plaintiff
10. VERIFICATION (Optional – Not Required by Mississippi Rules)
STATE OF ____ )
COUNTY OF _______ )
BEFORE ME, the undersigned authority, on this day personally appeared [Plaintiff Representative], who, being duly sworn, stated under oath that he/she has read the foregoing Complaint, that the allegations contained therein are within his/her personal knowledge and are true and correct to the best of his/her knowledge and belief.
[Name]
SUBSCRIBED AND SWORN to before me on this _ day of ____, 20__.
NOTARY PUBLIC
My Commission Expires: ____
ATTORNEY SIGNATURE BLOCK
Respectfully submitted,
[Attorney Name], Esq. (MSB #_)
[Law Firm Name]
[Street Address]
[City, State ZIP]
Phone: () -_
Email: ______
Counsel for Plaintiff
[// GUIDANCE: Key Mississippi Practice Notes
• Pleading Standard: “Short and plain statement” (Miss. R. Civ. P. 8(a)). The template is intentionally lean but can be expanded.
• Exhibits: Attach the Contract (Exhibit A) and any written notice-of-breach correspondence (Exhibit B).
• Service of Process: After filing, obtain a summons from the clerk (Miss. R. Civ. P. 4(a)) and arrange service within 120 days (Rule 4(h)).
• Discovery Limits: Mississippi has no per-se numeric limits on depositions or interrogatories, but proportionality under Miss. R. Civ. P. 26(b)(1) applies; consider early case management conferences under Uniform Circuit and County Court Rule 1.04.
• Injunctive Relief: For temporary or preliminary injunctions, file a separate motion and, if ex parte, provide the Rule 65(c) bond.
• Jury Demand: Must be endorsed on the pleading or filed within 10 days after service of the last pleading directed to such issue (Rule 38(b)).]