IN THE DISTRICT COURT OF THE STATE OF NORTH DAKOTA
[COUNTY] COUNTY – [JUDICIAL] JUDICIAL DISTRICT
[PLAINTIFF NAME],
[an individual/a ___ corporation/LLC organized under the laws of ___],
Plaintiff,
v. Civil No.: _______
[DEFENDANT NAME],
[an individual/a ___ corporation/LLC organized under the laws of ___],
Defendant.
COMPLAINT FOR BREACH OF CONTRACT
[// GUIDANCE: This template follows North Dakota pleading requirements under N.D.R.Civ.P. 8–11. Replace bracketed text with case-specific information.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- General Allegations
- Cause of Action – Breach of Contract
- Damages
- Conditions Precedent
- Demand for Jury Trial (optional)
- Prayer for Relief
- Reservation of Rights
- Verification (optional)
- Certificate of Service
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff [Plaintiff Name] (“Plaintiff”) is [a resident of/organized under the laws of] the State of [State] with its principal place of business at [Address].
1.2 Defendant [Defendant Name] (“Defendant”) is [a resident of/organized under the laws of] the State of [State] with its principal place of business at [Address] and may be served pursuant to N.D.R.Civ.P. 4 at [Registered Agent/Address].
1.3 This Court has subject-matter jurisdiction under N.D. Const. art. VI § 8 and N.D.C.C. § 27-05-06 because the amount in controversy exceeds $50,000 exclusive of interest and costs and arises under North Dakota contract law.
1.4 Venue in this County is proper under N.D.C.C. § 28-04-01 because [reason—e.g., Defendant resides here, contract was performed here, etc.].
2. GENERAL ALLEGATIONS
2.1 On [Date], Plaintiff and Defendant entered into a written Contract titled “[Contract Title]” (the “Contract”), a true and correct copy of which is attached as Exhibit A.
2.2 Under the Contract, Plaintiff agreed to [describe Plaintiff’s obligations], and Defendant agreed to [describe Defendant’s obligations, including payment amount, schedule, or other performance terms].
2.3 Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations required of it under the Contract.
2.4 Beginning on or about [Date], Defendant materially breached the Contract by [specific breaches—e.g., failing to pay $___ when due, failing to deliver goods meeting specifications, etc.].
2.5 Plaintiff provided written notice of breach to Defendant on [Date] and afforded Defendant a [__-day] opportunity to cure, as required by Section [__] of the Contract, but Defendant failed to cure.
2.6 As a direct and proximate result of Defendant’s breaches, Plaintiff has suffered damages in excess of $[Amount], exclusive of interest, costs, and attorneys’ fees.
3. CAUSE OF ACTION – BREACH OF CONTRACT
3.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 2.6 as though fully set forth herein.
3.2 A valid, enforceable contract existed between the parties. See N.D.C.C. § 9-01-02 (defining “contract”).
3.3 Plaintiff performed, or was excused from performing, all conditions precedent under the Contract.
3.4 Defendant’s conduct described above constitutes a material breach of the Contract.
3.5 Defendant’s breach has caused Plaintiff to incur damages including, but not limited to, [unpaid sums, cover costs, lost profits, etc.].
4. DAMAGES
4.1 Compensatory Damages: At least $[Amount] for direct losses.
4.2 Consequential Damages: [Describe, if applicable].
4.3 Pre- and Post-Judgment Interest: At the statutory rate from the date of breach until paid.
4.4 Attorneys’ Fees & Costs: Pursuant to [Contract § __] and N.D.R.Civ.P. 54(e).
4.5 Injunctive Relief: Plaintiff seeks temporary, preliminary, and permanent injunctive relief enjoining Defendant from [conduct], as permitted by N.D.R.Civ.P. 65.
5. CONDITIONS PRECEDENT
5.1 All conditions precedent to Defendant’s duty to perform have occurred, been performed, or have been waived.
6. DEMAND FOR JURY TRIAL (Optional)
6.1 Plaintiff hereby demands a trial by jury on all issues so triable under N.D.R.Civ.P. 38.
[// GUIDANCE: Omit this section if the parties have a contractual jury waiver.]
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
a. Awarding compensatory damages in an amount to be proven at trial but no less than $[Amount];
b. Awarding consequential and incidental damages as allowed by law;
c. Awarding pre- and post-judgment interest;
d. Awarding reasonable attorneys’ fees and costs;
e. Granting injunctive relief as described herein; and
f. Granting such other and further relief as the Court deems just and proper.
8. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to assert additional claims or parties as discovery proceeds, consistent with N.D.R.Civ.P. 15.
9. VERIFICATION (Optional)
I, [Name], being first duly sworn, state that I am the [Title] of Plaintiff and that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[Signature of Affiant]
[Printed Name and Title]
Subscribed and sworn before me this __ day of __, 20__.
Notary Public
My Commission Expires: ____
[// GUIDANCE: North Dakota does not generally require verification, but it can strengthen pleadings involving injunctive relief.]
10. CERTIFICATE OF SERVICE
I hereby certify that on the __ day of ____, 20__, I served the foregoing Complaint upon the following counsel of record by [method—e.g., electronic filing, mail, personal service], in compliance with N.D.R.Civ.P. 5:
• [Name, Address, Email] – Counsel for Defendant
[Attorney Name], ND Bar #__
[Law Firm Name]
[Address]
[Telephone] | [Email]
Attorney for Plaintiff
SIGNATURE BLOCK – RULE 11 CERTIFICATION
Dated: __, 20
[Attorney Name], ND Bar #__
[Law Firm Name]
[Address]
[Telephone] | [Email]
ATTORNEY FOR PLAINTIFF
[// GUIDANCE: Signing counsel certifies compliance with N.D.R.Civ.P. 11.]
OPTIONAL EXHIBITS CHECKLIST
• Exhibit A – Executed Contract
• Exhibit B – Breach Notice(s)
• Exhibit C – Damages Calculation Summary
[// GUIDANCE: Attach exhibits in the order referenced. Redact confidential information before public filing.]
PRACTICAL NOTES FOR NORTH DAKOTA PRACTITIONERS
- Summons: A separate Summons conforming to N.D.R.Civ.P. 4 must accompany this Complaint for service.
- Initial Disclosures: Within 14 days after the Rule 26(f) conference, serve the mandatory initial disclosures (N.D.R.Civ.P. 26(a)(1)).
- Discovery Limits: North Dakota follows proportionality standards; consider requesting leave for additional interrogatories or depositions early if the case complexity warrants.
- E-Filing: Most counties require electronic filing through Odyssey. Verify local administrative orders.
- Temporary Restraining Order: If immediate injunctive relief is sought, file a separate motion with supporting affidavit(s) and proposed order under N.D.R.Civ.P. 65.
[END OF TEMPLATE]