IN THE ___ COURT

OF THE ____ JUDICIAL DISTRICT

OF THE STATE OF MONTANA

IN AND FOR THE COUNTY OF ___

[// GUIDANCE: Insert the correct District (e.g., “Montana Fourth Judicial District Court”) and County.]

[PLAINTIFF NAME],
a [state] [corporation/LLC/individual],

Plaintiff,

v.

[DEFENDANT NAME],
a [state] [corporation/LLC/individual],

Defendant.

COMPLAINT FOR BREACH OF CONTRACT

[Demand for Jury Trial Pursuant to M.R. Civ. P. 38(b)]
[// GUIDANCE: Delete jury-demand bracket if Plaintiff is waiving a jury.]

TABLE OF CONTENTS

1. Parties................................................................................................... ¶1
2. Jurisdiction and Venue...................................................................... ¶4
3. Factual Allegations............................................................................... ¶8
4. Conditions Precedent.......................................................................... ¶18
5. Count I – Breach of Contract.......................................................... ¶21
6. Damages................................................................................................ ¶28
7. Prayer for Relief.................................................................................. ¶32
8. Demand for Jury Trial........................................................................ ¶36
9. Reservation of Rights............................................................................. ¶37
10. Verification............................................................................................ ¶38
11. Certificate of Service......................................................................... ¶39

INTRODUCTORY STATEMENT

1. Plaintiff brings this civil action for monetary and equitable relief arising out of Defendant’s material breach of a written agreement dated [Contract Date] (the “Agreement”).
2. Plaintiff seeks compensatory damages, pre- and post-judgment interest, attorneys’ fees and costs where allowed by law or contract, and such further relief—including injunctive relief—as the Court deems just and proper.
3. Pursuant to M.R. Civ. P. 38(b), Plaintiff [demands/does not demand] a trial by jury on all issues so triable.

I. PARTIES

4. Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a [legal status and state of organization/residence] with its principal place of [business/domicile] at [address].
5. Defendant. [DEFENDANT NAME] (“Defendant”) is a [legal status and state of organization/residence] with its principal place of [business/domicile] at [address].
6. At all relevant times, each party acted through its duly authorized agents.
7. [// GUIDANCE: If multiple plaintiffs or defendants exist, add additional paragraphs and identify their roles.]

II. JURISDICTION AND VENUE

8. This Court has subject-matter jurisdiction under Mont. Const. art. VII, § 4(1) and M.R. Civ. P. 2 because the amount in controversy exceeds $[amount] and the causes of action arise under Montana contract law.
9. Personal jurisdiction is proper because Defendant transacted business in Montana, executed and performed the Agreement in Montana, and the alleged breach occurred, in whole or in part, within this State.
10. Venue is proper in [County] County under Mont. Code Ann. § 25-2-118(1) because Defendant resides in, may be found in, or the cause of action arose in this county.
11. No party is subject to exclusive federal jurisdiction, and no contractual forum-selection clause divests this Court of jurisdiction.
12. All pre-suit notice and dispute-resolution steps required by the Agreement have been completed or waived.

III. FACTUAL ALLEGATIONS

13. On [Contract Date], Plaintiff and Defendant entered into the Agreement, under which Plaintiff agreed to [brief description] and Defendant agreed to [brief description]. A true and correct copy of the Agreement is attached hereto as Exhibit A.
14. Plaintiff fully performed, or was ready, willing, and able to perform, all of its material obligations under the Agreement.
15. Beginning on or about [Date], Defendant failed to [specific duty—e.g., “make payments when due”], thereby materially breaching the Agreement.
16. Plaintiff provided written notice of default to Defendant on [Date] in compliance with Section [__] of the Agreement and M.R. Civ. P. 8(d)(2).
17. Despite notice and the lapse of the contractual cure period of [__] days, Defendant has failed and refused to remedy its breach.

IV. CONDITIONS PRECEDENT

18. All conditions precedent to Plaintiff’s claims have been satisfied, waived, or otherwise discharged.
19. Plaintiff has mitigated—or attempted to mitigate—its damages in a commercially reasonable manner.
20. [// GUIDANCE: Insert any statutory or contractual prerequisites (e.g., licensing, governmental approvals) if applicable.]

V. COUNT I – BREACH OF CONTRACT

21. Plaintiff realleges paragraphs 1–20 as though fully set forth herein.
22. The Agreement is a valid and enforceable contract supported by adequate consideration.
23. Plaintiff performed all, or substantially all, of its obligations under the Agreement.
24. Defendant breached the Agreement by [describe acts or omissions].
25. Defendant’s breach was material, without legal justification, and directly caused Plaintiff to sustain damages.
26. Plaintiff is entitled to recover [liquidated/general/special] damages in an amount to be proven at trial, together with prejudgment interest pursuant to Mont. Code Ann. § 27-1-211.
27. Plaintiff further seeks specific performance and/or injunctive relief to prevent continuing harm that is not fully compensable by money damages.

VI. DAMAGES

28. As a direct and proximate result of Defendant’s breach, Plaintiff has suffered damages currently estimated at $[amount], consisting of:
    a. Unpaid contract amounts ..................................................... $[ ]
    b. Consequential or incidental losses ....................................... $[ ]
    c. Attorneys’ fees and costs (if recoverable by contract or statute) ............. TBD
29. Plaintiff also seeks prejudgment interest from the date of breach at the statutory rate.
30. Plaintiff’s damages will continue to accrue unless Defendant is enjoined from further breaches.
31. Discovery has not yet commenced; damage calculations are preliminary and will be supplemented pursuant to M.R. Civ. P. 26(e).

VII. PRAYER FOR RELIEF

32. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
33. Awarding compensatory, consequential, and incidental damages in an amount to be proven at trial;
34. Awarding prejudgment and post-judgment interest as allowed by law;
35. Granting temporary, preliminary, and permanent injunctive relief compelling Defendant to comply with the Agreement;
36. Awarding Plaintiff its reasonable attorneys’ fees, expert fees, and costs as provided by Section [__] of the Agreement and/or Mont. Code Ann. § 25-10-302;
37. Granting such other and further relief as the Court deems just and proper.

VIII. DEMAND FOR JURY TRIAL

33. Pursuant to M.R. Civ. P. 38(b), Plaintiff hereby demands a trial by jury on all issues so triable.
    [// GUIDANCE: Delete this section if Plaintiff intends to waive a jury trial.]

IX. RESERVATION OF RIGHTS

34. Plaintiff reserves the right to amend this Complaint to add additional parties, claims, or remedies as discovery may reveal.

X. VERIFICATION

[// GUIDANCE: Montana does not generally require a verified complaint in contract actions; however, local practice may favor it. Include if desired.]

I, [Authorized Representative Name], being first duly sworn, state that I am the [title] of Plaintiff and that I have read the foregoing Complaint; the facts stated therein are true and correct to the best of my knowledge, information, and belief.

---

[Authorized Representative Name]
[Title]
Date: ___

Subscribed and sworn before me this _ day of _, 20__.

Notary Public for the State of Montana
Residing at: ___
My commission expires: _____

XI. CERTIFICATE OF SERVICE

I certify that on the ___ day of ____, 20__, I served a true and correct copy of the foregoing Complaint upon the following counsel of record by [method of service] pursuant to M.R. Civ. P. 4 and 5:

• [Defendant’s Counsel]
  [Firm]
  [Address]
  [Email]

[Plaintiff’s Counsel Name]
[Law Firm]
[Bar No.]
[Address]
[Telephone]
[Email]

SIGNATURE BLOCK

Dated: __, 20

Respectfully submitted,

[Lead Counsel Name] (# [Bar No.])
[Law Firm]
[Address]
[Phone] | [Fax]
Email: [email address]

Attorney for Plaintiff [PLAINTIFF NAME]

[// GUIDANCE: Filing Checklist
1. Prepare Summons in conformity with M.R. Civ. P. 4(b).
2. Pay filing fee under local schedule.
3. Serve Defendant within 3 years (M.R. Civ. P. 4(t)), but aim for 60 days.
4. Preserve evidence and enter litigation hold.
5. Confer under M.R. Civ. P. 26(f) within 21 days after service of the responsive pleading.
6. Initial discovery limits (absent court order):
• 25 interrogatories per party (M.R. Civ. P. 33(a)(1))
• 10 depositions per side, each limited to 7 hours (M.R. Civ. P. 30(d)(1))
• 25 requests for production per party (M.R. Civ. P. 34(b)(2)(A))
7. Calendar the 14-day deadline for initial disclosures (M.R. Civ. P. 26(a)(1)). ]