COMPLAINT FOR BREACH OF CONTRACT
(Ohio Court of Common Pleas Template)
[// GUIDANCE: This is a fully-structured template drafted to comply with the Ohio Rules of Civil Procedure (“Ohio Civ.R.”). All bracketed text must be completed or removed prior to filing. Citations are limited to foundational procedural rules per the governing Citation Policy.]
TABLE OF CONTENTS
- Caption & Case Metadata
- Preliminary Statement
- Parties
- Jurisdiction & Venue
- Factual Allegations
- Cause of Action – Breach of Contract
- Damages
- Conditions Precedent / Compliance With Civ.R. 10(D)
- Prayer for Relief
- Jury Demand (Optional)
- Verification (Optional / As Needed)
- Signature Block – Ohio Civ.R. 11 Compliance
- Certificate of Service
1. CAPTION & CASE METADATA
IN THE COURT OF COMMON PLEAS
[__] COUNTY, OHIO
[PLAINTIFF FULL LEGAL NAME], ) Case No. [_]
Plaintiff, ) Judge [_]
)
v. ) COMPLAINT FOR
) BREACH OF CONTRACT
[DEFENDANT FULL LEGAL NAME], )
Defendant. )
)
)
[// GUIDANCE: After filing, the Clerk assigns the case number and Judge. Confirm county-specific caption requirements.]
2. PRELIMINARY STATEMENT
- Plaintiff brings this action for breach of contract, seeking monetary and equitable relief stemming from Defendant’s failure to perform under a written agreement dated [DATE] (the “Agreement”).
- This Complaint is pled in accordance with the “short and plain statement” standard of Ohio R. Civ. P. 8(A).
3. PARTIES
3.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] is a [legal status; e.g., Ohio corporation/LLC/individual] with its principal place of business/residence at [ADDRESS].
3.2 Defendant. [DEFENDANT FULL LEGAL NAME] is a [foreign corporation, Ohio LLC, etc.] with its principal place of business/residence at [ADDRESS]. Defendant may be served pursuant to Ohio R. Civ. P. 4.1(A)(1)(a) by certified mail at the foregoing address or such other address as becomes known.
4. JURISDICTION & VENUE
4.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under Ohio Const. art. IV, § 4(B) and Ohio Rev. Code Ann. § 2305.01 because the amount in controversy exceeds $[VALUE] exclusive of interest and costs.
4.2 Personal Jurisdiction. Defendant transacted business in Ohio and purposefully availed itself of Ohio law by entering into and performing the Agreement within this State.
4.3 Venue. Venue is proper in this County under Ohio R. Civ. P. 3(B)(3) and (6) because Defendant conducted activity and the cause of action arose in this County.
5. FACTUAL ALLEGATIONS
5.1 On [DATE], Plaintiff and Defendant executed the Agreement, a true and correct copy of which is attached as Exhibit A.
5.2 Under the Agreement, Defendant was obligated to [describe key obligations, performance standards, payment terms, deadlines].
5.3 Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations incumbent upon it.
5.4 Beginning on or about [DATE], Defendant breached the Agreement by:
a. Failing to [specific breach #1];
b. Failing to [specific breach #2]; and
c. [Additional breaches].
5.5 As a direct and proximate result of Defendant’s breaches, Plaintiff has suffered damages in an amount presently estimated to exceed $[AMOUNT], exclusive of interest, costs, and attorney fees.
6. CAUSE OF ACTION – BREACH OF CONTRACT
6.1 Plaintiff realleges and incorporates by reference paragraphs 1-5.5.
6.2 The Agreement constitutes a valid and enforceable contract, supported by adequate consideration.
6.3 Defendant’s aforementioned actions and omissions constitute material breaches of the Agreement.
6.4 Plaintiff has been damaged and is entitled to all remedies available at law or in equity, including, without limitation, compensatory damages, consequential damages foreseeably within the contemplation of the parties, prejudgment interest, and equitable relief.
7. DAMAGES
7.1 Direct Damages: $[AMOUNT] representing unpaid sums, costs incurred, and other direct losses.
7.2 Consequential/Incidental Damages: $[AMOUNT] for losses reasonably contemplated by the parties at contract formation.
7.3 Pre- and Post-Judgment Interest: At the statutory rate from [DATE of breach] until paid in full.
7.4 Attorney Fees & Costs: To the extent recoverable under the Agreement or applicable law.
[// GUIDANCE: If the Agreement contains an attorney-fee shifting clause, quote or cite that provision here.]
8. CONDITIONS PRECEDENT / COMPLIANCE WITH CIV.R. 10(D)
8.1 All conditions precedent to Plaintiff’s right to relief have occurred, have been waived, or have been satisfied.
8.2 Pursuant to Ohio R. Civ. P. 10(D)(1), a copy of the written Agreement forming the basis of this claim is attached as Exhibit A.
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
a. An award of compensatory, consequential, and incidental damages in an amount to be proven at trial but not less than $[AMOUNT];
b. Pre- and post-judgment interest as allowed by law;
c. Specific performance or injunctive relief compelling Defendant to [describe, if applicable];
d. An award of attorney fees and litigation costs as permitted by contract or statute;
e. All court costs; and
f. Such other and further relief as the Court deems just and proper.
10. JURY DEMAND (OPTIONAL)
Plaintiff hereby demands a trial by jury on all issues so triable.
[// GUIDANCE: Omit this paragraph if your client wishes to waive a jury. Failure to make a timely demand constitutes waiver under Ohio R. Civ. P. 38.]
11. VERIFICATION (OPTIONAL)
STATE OF OHIO )
) SS:
COUNTY OF [_] )
[NAME], being duly sworn, deposes and states that the foregoing allegations are true and correct to the best of [his/her] knowledge, information, and belief.
[NAME], [Title, if any]
Sworn to and subscribed before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: ______
[// GUIDANCE: A verification is not required for contract claims in Ohio but can add credence. Remove if unnecessary.]
12. SIGNATURE BLOCK – OHIO CIV.R. 11 COMPLIANCE
Respectfully submitted,
[ATTORNEY NAME] (Ohio Bar #_)
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Phone: [_]
Email: [__]
Counsel for Plaintiff
13. CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Complaint was served upon Defendant via certified mail pursuant to Ohio R. Civ. P. 4.1(A)(1)(a) this ___ day of ____, 20__.
[ATTORNEY NAME]
EXHIBIT A
Copy of the Agreement dated [DATE] between Plaintiff and Defendant.
[// GUIDANCE: Attach additional exhibits (correspondence, invoices, notices of default) as Exhibits B, C, etc., if they strengthen the pleading. Maintain consecutive pagination and label each clearly.]
ADDITIONAL PRACTICE NOTES
- Service Alternatives: If certified mail is unsuccessful, consult Ohio Civ.R. 4.1(B) (personal service) or 4.3(B) (residence service).
- Discovery Limits: Ohio Civ.R. 26(B)(1) imposes proportionality; initial disclosures are mandatory. Propound interrogatories (max 40) and requests for admission (max 40) under Ohio Civ.R. 33 and 36 unless Local Rules differ.
- Case Management: Expect a Scheduling Order within 90 days of filing per Sup.R. 39.
- Injunctive Relief: Temporary restraining orders or preliminary injunctions require separate motions (Ohio Civ.R. 65). Prepare affidavits demonstrating irreparable harm.
[// GUIDANCE: Review county-specific Local Rules for motion practice, page limits, and mandatory mediation.]
END OF TEMPLATE