COMPLAINT FOR BREACH OF CONTRACT
[NEW MEXICO STATE COURT TEMPLATE]
[// GUIDANCE: This form is drafted for use in any New Mexico state district court civil division. Customize bracketed items, delete guidance comments before filing, and verify all factual allegations.]
CAPTION
STATE OF NEW MEXICO
COUNTY OF [COUNTY]
[ ] JUDICIAL DISTRICT COURT
[PLAINTIFF NAME],
Plaintiff,
v. Case No. _____
[DEFENDANT NAME],
Defendant.
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- Factual Allegations
- Cause of Action – Breach of Contract
- Damages
- Conditions Precedent
- Prayer for Relief
- Jury Demand (Optional)
- Verification (Optional)
- Certificate of Service
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a [corporation/limited liability company/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/limited liability company/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant may be served pursuant to Rule 1-004 NMRA at:
a. [REGISTERED AGENT NAME & ADDRESS] or
b. [DEFENDANT’S USUAL PLACE OF ABODE] (for individual service).
1.3 Jurisdiction. This Court has subject-matter jurisdiction pursuant to Article VI, §13 of the New Mexico Constitution and Rule 1-001 NMRA because the amount in controversy exceeds the jurisdictional minimum for the district court and this action is civil in nature.
1.4 Venue. Venue is proper in this County under NMSA 1978, § 38-3-1(A) because [the contract was executed and/or performed in this county / Defendant resides or has its principal place of business in this county].
1.5 Minimum Contacts. Defendant purposefully availed itself of the privilege of conducting business in New Mexico by [conduct], and exercise of jurisdiction comports with due process.
2. FACTUAL ALLEGATIONS
2.1 On or about [DATE], Plaintiff and Defendant entered into a written contract titled “[CONTRACT TITLE]” (the “Agreement”). A true and correct copy of the Agreement is attached as Exhibit A.
2.2 Under the Agreement, Plaintiff agreed to [PLAINTIFF’S PERFORMANCE OBLIGATIONS], and Defendant agreed to [DEFENDANT’S PERFORMANCE OBLIGATIONS], including payment of $[AMOUNT] to Plaintiff.
2.3 Plaintiff fully performed, or was ready, willing, and able to perform, all covenants, conditions, and obligations required of it under the Agreement, except to the extent performance was excused by Defendant’s breach.
2.4 Beginning on or about [DATE], Defendant breached the Agreement by, among other things:
a. Failing to pay $[AMOUNT] when due;
b. [Other specific breaches].
2.5 Plaintiff provided written notice of breach to Defendant on [DATE] in compliance with any contractual notice-and-cure provisions. Despite such notice, Defendant failed to cure its breaches.
2.6 As a direct and proximate result of Defendant’s breaches, Plaintiff has suffered damages in an amount to be proven at trial, but not less than $[AMOUNT], exclusive of pre- and post-judgment interest, attorneys’ fees, and costs.
3. CAUSE OF ACTION – BREACH OF CONTRACT
3.1 Plaintiff realleges and incorporates by reference the allegations in ¶¶ 1.1–2.6 as though fully set forth herein.
3.2 The Agreement is a valid and enforceable contract supported by adequate consideration.
3.3 Plaintiff performed all, or was excused from performing, its obligations under the Agreement.
3.4 Defendant’s conduct described above constitutes a material breach of the Agreement.
3.5 Plaintiff is entitled to recover all foreseeable damages caused by Defendant’s breach, including but not limited to:
a. Compensatory damages of at least $[AMOUNT];
b. Pre- and post-judgment interest at the statutory rate;
c. Reasonable attorneys’ fees and costs as allowed by the Agreement and/or Rule 1-054(D)(2) NMRA.
4. DAMAGES
4.1 Direct Damages. $[AMOUNT] for unpaid sums and out-of-pocket costs.
4.2 Consequential Damages. $[AMOUNT] for lost profits and other foreseeable losses, to the extent allowable under New Mexico law.
4.3 Pre-Judgment Interest. At the statutory rate under NMSA 1978, § 56-8-3.
4.4 Attorneys’ Fees & Costs. Pursuant to the fee-shifting provision in § [SECTION] of the Agreement and Rule 1-054(D)(2) NMRA.
4.5 Injunctive Relief. Plaintiff seeks temporary, preliminary, and permanent injunctive relief enjoining Defendant from [SPECIFY CONDUCT] to prevent irreparable harm for which monetary damages are inadequate.
5. CONDITIONS PRECEDENT
5.1 All conditions precedent to Defendant’s duty to perform occurred, were satisfied, or were waived.
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and award:
a. Compensatory damages in an amount to be proven at trial, but not less than $[AMOUNT];
b. Consequential and incidental damages allowed by law;
c. Pre- and post-judgment interest;
d. Reasonable attorneys’ fees and costs;
e. Injunctive relief as set forth above; and
f. Such other and further relief as the Court deems just and proper.
7. JURY DEMAND (OPTIONAL)
Pursuant to Rule 1-038 NMRA, Plaintiff demands a trial by jury on all issues so triable.
[// GUIDANCE: Omit this paragraph if a jury is not desired or if the Agreement contains an enforceable jury-trial waiver.]
8. VERIFICATION (OPTIONAL)
I, [NAME], being duly sworn, state that I am [TITLE] of Plaintiff and that I have read the foregoing Complaint and the statements therein are true and correct to the best of my knowledge, information, and belief.
[NAME]
[DATE]
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: _____
[// GUIDANCE: Verification is not required in NM state court unless specifically mandated by statute or rule, but may add credibility.]
9. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Complaint was served on the following counsel/parties on this ___ day of ____, 20__, by [method permitted under Rule 1-005 NMRA, e.g., CM/ECF, hand delivery, mail, or electronic mail upon written agreement]:
• [NAME & ADDRESS/E-MAIL OF DEFENSE COUNSEL OR PARTY]
[ATTORNEY NAME]
SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME]
New Mexico Bar No. ______
[FIRM NAME]
[ADDRESS]
[PHONE] | [E-MAIL]
Attorney for Plaintiff
NM-SPECIFIC PLEADING & PRACTICE NOTES
[// GUIDANCE: The following practice notes are for attorney use and should be removed prior to filing.]
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Pleading Standards – Rule 1-008(A) NMRA requires “a short and plain statement” showing entitlement to relief. The factual detail above exceeds the minimum to forestall Rule 1-012(B)(6) challenges.
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Signature – Rule 1-011 NMRA. Ensure the attorney’s NM Bar number appears in the signature block.
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Service – Initiating service must comply with Rule 1-004 NMRA. Personal service is preferred; alternatives (including service by mail with acknowledgment) require strict rule compliance.
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Discovery Limits –
• Interrogatories: 30 including discrete subparts (Rule 1-033(A)).
• Requests for Admission: 25 unless stipulated or ordered (Rule 1-036(A)).
• Requests for Production: No numerical limit, but subject to proportionality under Rule 1-026(B).
Plan discovery accordingly and consider early case management conference per Rule 1-016 NMRA. -
Initial Disclosures – Within 21 days after service of the first responsive pleading, parties must exchange mandatory disclosures under Rule 1-026(A)(1).
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Injunctive Relief – For temporary restraining orders or preliminary injunctions, file a separate motion supported by affidavit(s) that satisfy Rule 1-066 NMRA and applicable equitable standards (likelihood of success, irreparable harm, balance of equities, public interest).
END OF TEMPLATE