[// GUIDANCE: Replace all bracketed, ALL-CAPS text with matter-specific information. Delete all guidance comments before filing.]
Table of Contents
- Caption
- Preliminary Statement
- Parties
- Jurisdiction and Venue
- Factual Allegations
- Cause of Action – Breach of Contract
- Damages
- Request for Injunctive Relief
- Conditions Precedent, Notice & Cure
- Reservation of Rights
- Prayer for Relief
- Demand for Jury Trial
- Verification
- Signature Block
- Certificate of Service
1. Caption
IN THE COURT OF COMMON PLEAS
STATE OF SOUTH CAROLINA
COUNTY OF [COUNTY][PLAINTIFF FULL LEGAL NAME],
Plaintiff,vs.
[DEFENDANT FULL LEGAL NAME],
Defendant.Civil Action No.: ____
COMPLAINT
(Breach of Contract ; Injunctive Relief ; Demand for Jury Trial)
2. Preliminary Statement
- This is a civil action for breach of contract arising out of Defendant’s failure to perform its obligations under that certain [NAME OF AGREEMENT] dated [DATE] (the “Contract”).
- Plaintiff seeks compensatory damages, pre- and post-judgment interest, attorney’s fees where allowable, costs of this action, and such other and further relief—including injunctive relief—as the Court deems just and proper.
[// GUIDANCE: If the underlying contract contains an attorney-fee shifting provision, reference it expressly in ¶2.]
3. Parties
3.1 Plaintiff [PLAINTIFF] is a [STATE & TYPE OF ENTITY OR INDIVIDUAL] with its principal place of business at [ADDRESS].
3.2 Defendant [DEFENDANT] is a [STATE & TYPE OF ENTITY OR INDIVIDUAL] with its principal place of business at [ADDRESS] and may be served with process pursuant to Rule 4, South Carolina Rules of Civil Procedure, at [REGISTERED AGENT/ADDRESS].
4. Jurisdiction and Venue
4.1 This Court has subject-matter jurisdiction over this dispute pursuant to S.C. Const. art. V, § 11 and § 15-5-10 of the South Carolina Code because the amount in controversy exceeds $7,500 and involves a contractual claim cognizable at law.
4.2 Personal jurisdiction exists over Defendant because it [is organized under South Carolina law / maintains its principal place of business in South Carolina / transacted business within South Carolina giving rise to this cause of action].
4.3 Venue is proper in this County pursuant to S.C. Code Ann. § 15-7-30 because [Defendant resides/ the cause of action arose / the contract was to be performed] in this County.
5. Factual Allegations
5.1 On or about [DATE], Plaintiff and Defendant entered into the Contract, a true and correct copy of which is attached hereto as Exhibit A.
5.2 Under the Contract, Defendant expressly agreed to:
(a) [DESCRIBE KEY OBLIGATION 1]; and
(b) [DESCRIBE KEY OBLIGATION 2].
5.3 Plaintiff fully performed, or was ready, willing, and able to perform, all of its material obligations under the Contract.
5.4 Beginning on or about [DATE], Defendant materially breached the Contract by:
(a) [DESCRIBE BREACH 1];
(b) [DESCRIBE BREACH 2]; and
(c) Failing to cure such breaches within the time required by the Contract and applicable law.
5.5 As a direct and proximate result of Defendant’s breaches, Plaintiff has suffered damages in an amount to be proven at trial but presently estimated to exceed $[AMOUNT].
6. Cause of Action – Breach of Contract
6.1 Plaintiff realleges and incorporates by reference ¶¶ 1-5 as though fully set forth herein.
6.2 The Contract is a valid, binding agreement supported by adequate consideration.
6.3 Plaintiff performed all conditions precedent, covenants, and promises required of it, or such performance was excused.
6.4 Defendant breached the Contract by the acts and omissions set forth above.
6.5 Defendant’s breach has caused Plaintiff to incur actual, consequential, and special damages, including but not limited to [LOST PROFITS, COST TO COVER, ETC.], in an amount to be determined by the trier of fact.
7. Damages
Plaintiff seeks recovery of:
(a) Direct damages in excess of $[AMOUNT];
(b) Incidental and consequential damages to the full extent allowed by law;
(c) Pre-judgment interest from the date of breach, calculated at the statutory rate; and
(d) Post-judgment interest, costs, and, where applicable, reasonable attorney’s fees under the terms of the Contract or S.C. Code Ann. § 15-36-10.
8. Request for Injunctive Relief
8.1 Legal remedies alone are inadequate because Defendant’s ongoing breaches threaten irreparable harm to Plaintiff, including loss of goodwill and competitive advantage.
8.2 Plaintiff therefore requests that the Court enter temporary, preliminary, and permanent injunctive relief:
(a) Enjoining Defendant from [DESCRIBE CONDUCT]; and
(b) Compelling Defendant to specifically perform its contractual obligations as permitted under South Carolina law.
[// GUIDANCE: Tailor ¶8.2 to align with Rule 65 SCRCP requirements for injunctive relief. Attach proposed order if seeking TRO.]
9. Conditions Precedent, Notice & Cure
9.1 To the extent the Contract requires written notice and an opportunity to cure, Plaintiff provided such notice to Defendant on [DATE] (attached hereto as Exhibit B), and Defendant failed to cure within the contractually-specified time.
9.2 All other conditions precedent have occurred, been performed, or been waived.
10. Reservation of Rights
Plaintiff reserves all rights to amend this Complaint to assert additional claims or parties as discovery may reveal, consistent with Rules 8 and 15, South Carolina Rules of Civil Procedure.
11. Prayer for Relief
WHEREFORE, Plaintiff respectfully prays for judgment in its favor and against Defendant as follows:
1. Compensatory damages in an amount to be proven at trial, but not less than $[AMOUNT];
2. Incidental and consequential damages according to proof;
3. Pre- and post-judgment interest as allowed by law;
4. Specific performance and/or injunctive relief as set forth above;
5. Costs of this action and, where applicable, reasonable attorney’s fees; and
6. Such other and further relief as the Court deems just and proper.
12. Demand for Jury Trial
Pursuant to Rule 38, South Carolina Rules of Civil Procedure, Plaintiff demands a trial by jury on all issues so triable.
[// GUIDANCE: Omit this section if the governing contract contains an enforceable jury-trial waiver.]
13. Verification (optional)
STATE OF SOUTH CAROLINA )
COUNTY OF [COUNTY] )
Personally appeared before me the undersigned, who being duly sworn, deposes and says that he/she is [TITLE/POSITION] of Plaintiff, has read the foregoing Complaint, and the matters stated herein are true of his/her own knowledge, except those matters stated on information and belief, and as to those he/she believes them to be true.
[NAME], [CAPACITY] for Plaintiff
SWORN to before me this
_ day of _, 20__.
Notary Public for South Carolina
My Commission Expires: _____
[// GUIDANCE: Verification shortens Defendant’s answer deadline to 20 days under Rule 12(a). Use only when strategically beneficial.]
14. Signature Block
Respectfully submitted this _ day of _, 20__.
text
[LAW FIRM NAME]
[Street Address]
[City, SC ZIP]
Phone: [###] ###-####
Email: [EMAIL]
By: ______
[ATTORNEY NAME] (SC Bar # ____)
Attorney for Plaintiff
15. Certificate of Service
I hereby certify that I served a true and correct copy of the foregoing Complaint on the below-named Defendant(s) on this _ day of _, 20__, by [METHOD OF SERVICE] in accordance with Rule 4, South Carolina Rules of Civil Procedure.
text
[ATTORNEY NAME]
APPENDICES
- Exhibit A – Contract (Executed Copy)
- Exhibit B – Plaintiff’s Notice of Breach (if applicable)
[// GUIDANCE ON SERVICE RULES]
• Personal or certified-mail service must strictly comply with Rule 4(d).
• Corporate defendants: serve the registered agent listed with the South Carolina Secretary of State.
• File the Summons and Complaint before or contemporaneously with service; an action is commenced upon both filing and service (Rule 3(a)).
• If Defendant is served outside South Carolina, the answer deadline extends to 40 days (Rule 12(a)).
[// GUIDANCE ON DISCOVERY LIMITS]
• South Carolina has no default numerical cap on depositions or interrogatories. Limits are set by scheduling order or agreement (Rule 26(f)).
• Parties must confer and prepare a discovery plan within 30 days after service of the answer.
• Protective orders are available under Rule 26(c) to manage burden and confidentiality.
[END OF TEMPLATE]