[PLAINTIFF’S COUNSEL LETTERHEAD]

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA

[PLAINTIFF NAME], ) Case No. ____
an [individual / corporation / LLC / partnership], )
)
Plaintiff, )
)
v. ) COMPLAINT
) (Breach of Contract)
[DEFENDANT NAME], )
an [individual / corporation / LLC / partnership], )
)
Defendant. )

[// GUIDANCE: Replace all bracketed placeholders prior to filing.
// GUIDANCE: Nebraska courts refer to the initiating pleading as a
// “Complaint” or “Petition.” Either term is acceptable; this template
// uses “Complaint.”]

==============================================================
TABLE OF CONTENTS |
==============================================================
1. Parties ............................................. 1 |
2. Jurisdiction & Venue ................................ 1 |
3. General Allegations ................................. 2 |
4. Cause of Action – Breach of Contract ................ 4 |
5. Damages ............................................. 5 |
6. Conditions Precedent & Statutory Compliance ......... 6 |
7. Prayer for Relief ................................... 6 |
8. Demand for Jury Trial ............................... 7 |
9. Verification ........................................ 8 |
10. Request for Service ................................. 9 |
11. Certificate of Service .............................. 9 |
==============================================================

[// GUIDANCE: Table of Contents page numbers auto-update in most word
// processors. Adjust manually if filing in PDF.]

COMPLAINT

Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), by and through undersigned counsel, for its Complaint against Defendant, [DEFENDANT NAME] (“Defendant”), alleges and states as follows:

1. PARTIES
   1.1 Plaintiff is a [state of organization] [type of entity] with its principal place of business at [address].
   1.2 Defendant is a [state of organization] [type of entity] with its principal place of business at [address], and may be served as set forth infra ¶ 30.

2. JURISDICTION & VENUE
   2.1 This Court has subject-matter jurisdiction pursuant to Neb. Const. art. V, § 9 and Neb. Rev. Stat. § 24-302 because the amount in controversy exceeds $57,000 exclusive of interest and costs. [// GUIDANCE: Confirm current jurisdictional threshold.]
   2.2 Venue is proper in this County under Neb. Rev. Stat. § 25-403.01 because (a) the contract was executed and/or to be performed in this County, and/or (b) Defendant transacts business in this County.

3. GENERAL ALLEGATIONS
   3.1 On or about [DATE], Plaintiff and Defendant entered into a written contract titled “[CONTRACT TITLE]” (the “Agreement”).
   3.2 A true and correct copy of the Agreement is attached hereto as Exhibit “A” and incorporated by reference.
   3.3 Pursuant to the Agreement, Plaintiff agreed to [summarize Plaintiff’s obligations], and Defendant agreed to [summarize Defendant’s obligations], including but not limited to:
   (a) Pay Plaintiff the total sum of $[AMOUNT] in accordance with the payment schedule set forth in § [SECTION] of the Agreement;
   (b) [List additional material obligations].
   3.4 Plaintiff fully performed, or was ready, willing, and able to perform, all conditions, covenants, and promises required of it under the Agreement, except for those prevented or waived by Defendant.
   3.5 Beginning on or about [DATE], Defendant failed to perform by [describe breach—e.g., failing to make required payments, failing to deliver goods, providing non-conforming services, etc.].
   3.6 On [DATE], Plaintiff provided written notice of default to Defendant and afforded Defendant [NUMBER] days to cure in accordance with § [SECTION] of the Agreement.
   3.7 Despite such notice, Defendant has failed and refused, and continues to fail and refuse, to cure its default.

4. CAUSE OF ACTION – BREACH OF CONTRACT
   4.1 Plaintiff re-alleges ¶¶ 1.1 through 3.7 as though fully set forth herein.
   4.2 The Agreement constitutes a valid and enforceable contract supported by adequate consideration.
   4.3 Plaintiff satisfied all conditions precedent or such conditions have occurred, been waived, or been excused.
   4.4 Defendant’s actions and omissions described above constitute a material breach of the Agreement.
   4.5 As a direct and proximate result of Defendant’s breach, Plaintiff has sustained damages in an amount to be determined at trial but presently estimated to exceed $[AMOUNT], together with prejudgment interest as allowed by law.

5. DAMAGES
   5.1 Compensatory Damages: $[AMOUNT] representing unpaid sums, cover costs, and/or diminution in value.
   5.2 Incidental & Consequential Damages: $[AMOUNT] including, without limitation, storage, transportation, and lost profits that were reasonably foreseeable at the time of contracting.
   5.3 Pre- and Post-Judgment Interest: At the statutory rate from [DATE] until paid in full.
   5.4 Attorney Fees & Costs: Recoverable pursuant to § [SECTION] of the Agreement and Neb. Rev. Stat. § 25-1801 et seq. [// GUIDANCE: Insert fee-shifting statute or contractual provision, if any.]
   5.5 Injunctive Relief: Plaintiff is entitled to temporary, preliminary, and permanent injunctive relief to prevent continuing and irreparable harm arising from Defendant’s ongoing refusal to perform.

6. CONDITIONS PRECEDENT & STATUTORY COMPLIANCE
   6.1 All conditions precedent to the maintenance of this action have occurred, been performed, or been waived.
   6.2 Plaintiff has satisfied, or is in the process of satisfying, all applicable case progression requirements under Neb. Ct. R. §§ 6-111 to 6-1512, including the meet-and-confer obligations of Neb. Ct. R. Disc. § 6-326(f).

7. PRAYER FOR RELIEF
   WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
   A. Awarding compensatory, incidental, and consequential damages in an amount to be proven at trial, but not less than $[AMOUNT];
   B. Awarding prejudgment and post-judgment interest as allowed by law;
   C. Awarding reasonable attorney fees and taxable costs;
   D. Issuing temporary, preliminary, and permanent injunctive relief compelling Defendant to [specific performance / cease specified conduct];
   E. Granting such other and further relief as the Court deems just and equitable.

8. DEMAND FOR JURY TRIAL
   Pursuant to Neb. Const. art. I, § 6 and Neb. Rev. Stat. § 25-1104, Plaintiff demands a trial by jury on all issues so triable.

9. VERIFICATION
   I, [NAME], [title] of [Plaintiff], being first duly sworn, depose and say that I have read the foregoing Complaint and know the contents thereof; that the same is true to my knowledge, information, and belief.

[NAME]
[TITLE]

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

Notary Public
My Commission Expires: ____

[// GUIDANCE: Verification is permissive in Nebraska civil practice but may add credibility. Omit if not desired.]

10. REQUEST FOR SERVICE
    10.1 Please issue summons directing service upon Defendant as follows:
    [DEFENDANT NAME]
    c/o [Registered Agent / Officer]
    [Street Address]
    [City, State, ZIP]

10.2 Service is requested via [ ] certified mail, return receipt requested, or [ ] Sheriff’s service, pursuant to Neb. Rev. Stat. § 25-505.01.

11. CERTIFICATE OF SERVICE
    I hereby certify that on the ___ day of ____, 20__, I caused a true and correct copy of the foregoing Complaint to be filed with the Clerk of the District Court of [County] County, Nebraska, and to be served upon all counsel of record via the Court’s electronic filing system and/or U.S. Mail, postage prepaid.

[ATTORNEY NAME] (#__)
[Firm Name]
[Address]
[Phone] | [Email]
Counsel for Plaintiff

[END OF DOCUMENT]

[// GUIDANCE ON NEBRASKA-SPECIFIC PRACTICE:

1. Pleading Requirements
   • Nebraska follows notice pleading (Neb. Ct. R. Pldg. § 6-1108). Each paragraph should be simple, concise, and numbered.
   • Attach a copy of the contract as an exhibit when feasible (Neb. Ct. R. Pldg. § 6-1109(g)).

2. Service Rules
   • Permissible methods include certified mail, designated delivery service, sheriff, or private process server (Neb. Rev. Stat. § 25-505.01).
   • Service by certified mail is deemed complete upon mailing, not receipt.

3. Discovery Limits
   • Nebraska generally mirrors the Federal Rules but imposes a default cap of 30 interrogatories and 4 hours for depositions absent court order or stipulation (Neb. Ct. R. Disc. §§ 6-330, 6-331).
   • Include a Rule 26(f) conference and Case Progression Order within 30 days of service of summons unless modified by the Court.

4. Formatting & Filing
   • Use 8.5" × 11" paper, 12-point font, double spacing, and 1-inch margins.
   • Electronically file via the Nebraska e-Filing System and submit the requisite filing fee.

5. Jury Demand
   • A separate pleading is not required if the jury demand is included in the Complaint.
   • Demand must be made within 10 days after service of the last pleading directed to such issue (Neb. Rev. Stat. § 25-1104).]