**IN THE DISTRICT COURT OF ―–––––––– COUNTY
STATE OF OKLAHOMA**
| Case No. ___ | |
|---|---|
[PLAINTIFF NAME], a(n) [Oklahoma/Foreign] [corporation/LLC/individual],
Plaintiff,
v.
[DEFENDANT NAME], a(n) [Oklahoma/Foreign] [corporation/LLC/individual],
Defendant.
PETITION FOR BREACH OF CONTRACT
[// GUIDANCE: Oklahoma state-court pleadings are styled “Petitions” rather than “Complaints” pursuant to 12 O.S. § 2007.]
TABLE OF CONTENTS
- Parties ............................................................................................................. 2
- Jurisdiction and Venue ............................................................................. 2
- Background & General Allegations ..................................................... 3
- Cause of Action – Breach of Contract .................................................. 5
- Conditions Precedent ................................................................................. 6
- Damages ......................................................................................................... 6
- Prayer for Relief .......................................................................................... 7
- Jury Demand (Optional) ............................................................................ 8
- Reservation of Rights & Discovery Limits ........................................... 8
- Service Information ................................................................................... 9
- Verification (if required) .......................................................................... 10
- Signature Block ........................................................................................ 11
1. PARTIES
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a [state] [type of entity] with its principal place of business at [address].
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [state] [type of entity] with its principal place of business at [address].
[// GUIDANCE: If additional parties, add subsections and align liability theories.]
2. JURISDICTION AND VENUE
2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under Okla. Const. art. VII, § 7 and 12 O.S. § 2001 et seq., because the amount in controversy exceeds $10,000 exclusive of interest and costs.
2.2 Personal Jurisdiction. Defendant transacted business, contracted to supply services or things, and committed the acts complained of in Oklahoma, thereby submitting to personal jurisdiction pursuant to 12 O.S. § 2004(F)(1).
2.3 Venue. Venue is proper in this County under 12 O.S. § 141 because [choose: (a) Defendant resides/does business here; (b) the contract was executed and/or to be performed here; (c) the injury occurred here].
3. BACKGROUND & GENERAL ALLEGATIONS
3.1 On or about [date], Plaintiff and Defendant entered into a written contract titled “[title]” (the “Contract”), attached hereto as Exhibit 1.
3.2 Under the Contract, Plaintiff agreed to [summarize performance] in exchange for Defendant’s agreement to [summarize performance/payment].
3.3 Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations under the Contract.
3.4 Beginning on or about [date], Defendant failed to [describe breach, e.g., pay invoices totaling $___, deliver conforming goods, etc.].
3.5 Plaintiff provided written notice of default on [date] and afforded Defendant a [__]-day contractual cure period, which expired without cure.
3.6 As a direct and proximate result of Defendant’s breach, Plaintiff has suffered damages in excess of $[amount] and continues to incur additional damages, including but not limited to [lost profits, interest, attorneys’ fees where recoverable, etc.].
4. CAUSE OF ACTION — BREACH OF CONTRACT
4.1 Plaintiff realleges and incorporates Paragraphs 1.1 through 3.6 as though fully set forth herein.
4.2 Existence of Contract. The Contract is a valid, enforceable agreement supported by mutual consideration.
4.3 Plaintiff’s Performance. Plaintiff has performed all conditions precedent or such conditions have been waived or excused.
4.4 Defendant’s Breach. Defendant materially breached the Contract by [specific acts/omissions].
4.5 Damages. Plaintiff has sustained actual, incidental, and consequential damages in an amount to be proven at trial, but not less than $[amount].
4.6 Entitlement to Attorneys’ Fees. Pursuant to 12 O.S. § 936 and the fee-shifting clause in Section [__] of the Contract, Plaintiff is entitled to recover its reasonable attorneys’ fees, costs, and expenses incurred herein.
4.7 Injunctive Relief. Money damages alone are inadequate because [irreparable harm rationale]. Plaintiff seeks preliminary and permanent injunctive relief compelling Defendant to [specific performance/cessation of conduct].
5. CONDITIONS PRECEDENT
All conditions precedent to Plaintiff’s right to relief have occurred, been performed, or have been waived.
6. DAMAGES
6.1 Compensatory Damages – $[amount] and accruing.
6.2 Pre- and post-judgment interest at the statutory rate.
6.3 Reasonable attorneys’ fees, costs, and expenses per 12 O.S. § 936 and Contract § [__].
6.4 Equitable relief as set forth above.
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 determined at trial, but not less than $[amount];
b. Awarding pre- and post-judgment interest as allowed by law;
c. Awarding Plaintiff its reasonable attorneys’ fees, costs, and expenses;
d. Issuing preliminary and permanent injunctive relief as pleaded;
e. Granting such further and additional relief as the Court deems just and proper.
8. JURY DEMAND (OPTIONAL)
Pursuant to Okla. Const. art. II, § 19 and 12 O.S. § 556, Plaintiff demands a trial by jury on all issues so triable.
[// GUIDANCE: Strike or retain depending on strategic considerations and contractual jury-waiver clauses.]
9. RESERVATION OF RIGHTS & DISCOVERY LIMITS
9.1 Plaintiff reserves the right to amend this Petition to assert additional claims or parties as discovery progresses under the Oklahoma Discovery Code, 12 O.S. §§ 3224–3237.
9.2 Discovery Limits. Pursuant to 12 O.S. § 3226(B):
• Interrogatories are limited to 30, including discrete sub-parts;
• Requests for admission are limited to 30;
• Depositions of parties and fact witnesses are limited to one day of seven (7) hours each;
unless otherwise stipulated or ordered.
[// GUIDANCE: Tailor limits; local rules or case-specific scheduling orders may modify.]
10. SERVICE INFORMATION
Issue summons for:
• [DEFENDANT NAME]
c/o [Registered Agent/Officer]
[Service Address]
Method of service requested: [personal service by licensed process server / certified mail / sheriff].
[// GUIDANCE: Conform to 12 O.S. § 2004 for method, time, and proof of service.]
11. VERIFICATION (IF REQUIRED)
STATE OF OKLAHOMA )
) ss.
COUNTY OF [_____] )
I, [Name], being duly sworn, state that I am [title] of Plaintiff, have read the foregoing Petition, and verify that the factual statements therein are true and correct to the best of my knowledge and belief.
[Name], [Title]
Subscribed and sworn to before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Verification is not mandatory in Oklahoma for contract claims unless required by specific statute or strategic choice.]
12. SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME], OBA No. [_]
[Law Firm Name]
[Street Address]
[City, State ZIP]
Telephone: [() -_]
Email: [____]
ATTORNEYS FOR PLAINTIFF
EXHIBIT 1
Executed Contract dated [date] between Plaintiff and Defendant.
[// GUIDANCE: Attach a complete, legible copy of the contract; label all exhibits sequentially.]
END OF TEMPLATE
[// GUIDANCE: Review local court rules for any additional formatting (e.g., pleading paper, font, margin, or electronic filing requirements) before filing.]