State Court Complaint - Contract Breach

STATE COURT COMPLAINT – BREACH OF CONTRACT

North Carolina General Court of Justice – Superior Court Division

TABLE OF CONTENTS

1. Document Header & Caption
2. Preliminary Statement
3. Parties
4. Jurisdiction & Venue
5. Definitions
6. Factual Allegations
7. Cause of Action – Breach of Contract
8. Conditions Precedent & Compliance with Procedural Rules
9. Damages
10. Prayer for Relief
11. Jury Demand (Optional)
12. Reservation of Rights
13. Verification (If Required)
14. Certificate of Service
15. Exhibit Index

1. DOCUMENT HEADER & CAPTION

STATE OF NORTH CAROLINA                         IN THE GENERAL COURT OF JUSTICE
[COUNTY] COUNTY                                  SUPERIOR COURT DIVISION
                                                 File No. _______________
_____________________________________
[PLAINTIFF NAME],                               )
      Plaintiff,                                )
v.                                              )        COMPLAINT
                                                )   (Breach of Contract)
[DEFENDANT NAME],                               )
      Defendant.                                )
_____________________________________)

2. PRELIMINARY STATEMENT

1. This is an action for breach of contract arising under the laws of the State of North Carolina.
2. Plaintiff seeks compensatory damages, prejudgment interest, costs, and all other relief the Court deems just and proper.

3. PARTIES

3. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a [corporation/LLC/individual] organized and existing under the laws of [State], with its principal place of business at [Address].
4. Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized and existing under the laws of [State], with its principal place of business at [Address], and may be served pursuant to N.C. R. Civ. P. 4(j) at [Registered/Physical Address].

4. JURISDICTION & VENUE

5. This Court has subject-matter jurisdiction under N.C. Gen. Stat. § 7A-240 and Article IV, § 12 of the North Carolina Constitution because the amount in controversy exceeds $25,000.
6. Venue is proper in [County] County under N.C. Gen. Stat. § 1-79 since Defendant resides in this County and the acts and omissions complained of occurred here.

5. DEFINITIONS

For clarity in this Complaint, the following capitalized terms have the meanings set forth below:

“Agreement” – The written contract entitled “[Contract Title]” dated [Date], attached hereto as Exhibit A.

“Breach” – Defendant’s failure to perform any material obligation under the Agreement, including but not limited to those acts and omissions described in Paragraphs 15-20 herein.

6. FACTUAL ALLEGATIONS

7. On [Date], Plaintiff and Defendant entered into the Agreement whereby [brief description of transaction].

8. Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations required of it under the Agreement, including:
   a. [Obligation 1];
   b. [Obligation 2]; and
   c. All other duties either expressly stated or implied by the Agreement.

9. Defendant materially breached the Agreement by, inter alia:
   a. Failing to [Describe Breach No. 1];
   b. Failing to [Describe Breach No. 2]; and
   c. Refusing to cure such failures after written notice dated [Date].

10. Pursuant to Rule 9(k) of the North Carolina Rules of Civil Procedure, Plaintiff attaches a true and correct copy of the Agreement (Exhibit A) and incorporates it by reference.

7. CAUSE OF ACTION – BREACH OF CONTRACT

11. Plaintiff realleges and incorporates by reference Paragraphs 1-10.
12. A valid, enforceable contract exists between Plaintiff and Defendant.
13. Plaintiff has substantially performed its obligations under the Agreement.
14. Defendant, without legal justification, has failed and refused to perform its obligations, constituting a material Breach.
15. As a direct and proximate result of Defendant’s Breach, Plaintiff has suffered damages in an amount not less than $[Amount], exclusive of interest and costs.

8. CONDITIONS PRECEDENT & COMPLIANCE WITH PROCEDURAL RULES

16. All conditions precedent to this action have occurred, been performed, or have been waived.
17. Plaintiff has complied with Rule 8(a) notice-pleading requirements and Rule 9(k) requirements for contract claims.

9. DAMAGES

18. Plaintiff seeks:
    a. Compensatory damages in an amount to be proven at trial but not less than $[Amount];
    b. Pre- and post-judgment interest at the legal rate; and
    c. Costs of this action as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

A. Enter judgment in favor of Plaintiff and against Defendant in an amount to be determined at trial;
B. Award prejudgment interest pursuant to N.C. Gen. Stat. § 24-5;
C. Tax the costs of this action against Defendant;
D. Grant such other and further relief as the Court deems just and proper.

11. JURY DEMAND (OPTIONAL)

Pursuant to N.C. R. Civ. P. 38(b), Plaintiff hereby demands a trial by jury on all issues so triable.

12. RESERVATION OF RIGHTS

19. Plaintiff reserves the right to amend this Complaint in accordance with N.C. R. Civ. P. 15 and to assert additional claims that may become apparent through discovery.

13. VERIFICATION (IF REQUIRED)

STATE OF _____________           )
COUNTY OF ____________           )

     I, ______________________, being duly sworn, say that I am the [Title] of Plaintiff in the foregoing action, that I have read the foregoing Complaint and know the contents thereof, and that the same is true to my knowledge except as to those matters stated on information and belief, and as to those matters I believe them to be true.

_________________________________
[NAME], [TITLE]

Sworn to and subscribed before me
this ____ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: __________

14. CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Complaint was served upon Defendant by [method of service] pursuant to N.C. R. Civ. P. 4(j) and Rule 5 on this the ____ day of __________, 20___.

_________________________________
[Attorney Name]
[N.C. State Bar No. ____]
[Law Firm]
[Address]
[Telephone]
[Email]
Counsel for Plaintiff

15. EXHIBIT INDEX

• Exhibit A – Agreement dated [Date]
• Exhibit B – Demand Letter dated [Date] (if applicable)

ADDITIONAL PRACTICE NOTES

1. Pleading Requirements – North Carolina follows notice pleading (N.C. R. Civ. P. 8(a)). Provide a short and plain statement; avoid unnecessary evidentiary detail.
2. Service – Verify that the selected service method (sheriff, certified mail, designated delivery service, or publication) complies with Rule 4(j). If service by sheriff is elected, coordinate with the county sheriff’s civil division.

3. Discovery Limits –
   • Interrogatories: Limit 50, including sub-parts (N.C. R. Civ. P. 33).
   • Document Requests & Depositions: No numeric limit in the Rules, but local case management orders may impose caps; consult the Superior Court’s Local Rules for [County].
   • Rule 26(f) conference is mandatory in complex civil actions; file a discovery plan within 120 days after service per the local case management system.

4. Damages – Include computation methodology in initial disclosures to avoid later exclusion under Rule 26(e).

5. Jury Demand – Must be made no later than 10 days after service of the last pleading (Rule 38(b)); including it in the Complaint is the safest practice.
6. Exhibits – Attach legible, complete copies. If the Agreement contains confidential information, seek a protective order under Rule 26(c).

This template is designed for immediate customization and filing in North Carolina Superior Court breach-of-contract actions. Confirm all factual assertions, verify all citations, and tailor discovery-related paragraphs to the applicable local rules before filing.