[// GUIDANCE: This template is formatted for filing in the Circuit Court of any county in West Virginia. Replace all bracketed language with matter-specific facts before filing. Confirm compliance with local rules (some circuits impose additional formatting or filing requirements).]

Table of Contents

1. Caption & Appearance Information
2. Preliminary Statement / Nature of Action
3. Parties
4. Jurisdiction & Venue
5. Factual Allegations
6. Cause of Action – Breach of Contract
7. Damages
8. Conditions Precedent (Optional)
9. Injunctive Relief (Optional)
10. Jury Demand (Optional)
11. Prayer for Relief
12. Verification (if used)
13. Certificate of Service
14. Signature Block

1. CAPTION & APPEARANCE INFORMATION

IN THE CIRCUIT COURT OF [COUNTY] COUNTY,
WEST VIRGINIA

[PLAINTIFF NAME],
Plaintiff, Civil Action No. _

v.

[DEFENDANT NAME],
Defendant. Judge: ___
COMPLAINT FOR BREACH OF CONTRACT
[Jury Trial Demanded]

2. PRELIMINARY STATEMENT / NATURE OF ACTION

1. Plaintiff brings this civil action for damages (and such injunctive relief as the Court deems just) arising from Defendant’s material breach of a written contract dated [DATE] (the “Agreement”).
2. This pleading is filed pursuant to West Virginia Rules of Civil Procedure Rules 3, 7, 8(a), and 10.

3. PARTIES

3. Plaintiff [LEGAL NAME] is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
4. Defendant [LEGAL NAME] is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
5. At all relevant times, each party acted through duly authorized agents.

4. JURISDICTION & VENUE

6. This Court has subject-matter jurisdiction pursuant to W. Va. Const. art. VIII, § 6 and W. Va. Code § 51-2-2.
7. Venue is proper in this Court under W. Va. Code § 56-1-1 because [venue basis—e.g., “the cause of action arose in this County” OR “Defendant resides or has its principal place of business in this County”].
8. Defendant is subject to personal jurisdiction in West Virginia by virtue of [contacts—e.g., “transacting business in this State”].

5. FACTUAL ALLEGATIONS

9. On or about [DATE], Plaintiff and Defendant entered into the Agreement, attached hereto as Exhibit A.
10. Under the Agreement, Defendant agreed to:
    a. [Describe key contractual obligation #1];
    b. [Describe key contractual obligation #2].
11. Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations required of it under the Agreement.
12. Beginning on or about [DATE], Defendant materially breached the Agreement by:
    a. [Specific act/omission constituting breach];
    b. [Any additional breaches].
13. Plaintiff provided Defendant with written notice of breach on [DATE] in accordance with Section [] of the Agreement, but Defendant failed to cure within the contractually required [-day] cure period.
14. As a direct and proximate result of Defendant’s breach, Plaintiff has suffered damages in excess of the jurisdictional minimum of this Court.

6. CAUSE OF ACTION – BREACH OF CONTRACT

15. Plaintiff realleges paragraphs 1–14 as if fully restated herein.
16. The Agreement is a valid and enforceable contract supported by adequate consideration.
17. Defendant’s acts and omissions described above constitute material breaches of the Agreement.
18. Plaintiff has been damaged in the estimated amount of $[AMOUNT] (exclusive of prejudgment interest, attorney’s fees, and costs), the precise amount to be proven at trial.

7. DAMAGES

19. Plaintiff seeks all compensatory damages allowed by West Virginia law, including but not limited to:
    a. Direct losses of $[AMOUNT];
    b. Incidental and consequential damages reasonably contemplated by the parties;
    c. Pre- and post-judgment interest pursuant to W. Va. Code § 56-6-31;
    d. Attorney’s fees and costs as authorized by Section [__] of the Agreement and/or W. Va. Code § 38-1-7 (if applicable).

8. CONDITIONS PRECEDENT (OPTIONAL)

20. All conditions precedent to Plaintiff’s right to bring this action have occurred or have been waived.

[// GUIDANCE: Omit ¶20 if not contractually required.]

9. INJUNCTIVE RELIEF (OPTIONAL)

21. Monetary damages alone are inadequate because [state irreparable harm—e.g., loss of unique goods, goodwill, confidential information].
22. Plaintiff therefore seeks preliminary and permanent injunctive relief requiring Defendant to [specific performance or prohibition].

[// GUIDANCE: For emergency relief, file a separate motion under W. Va. R. Civ. P. 65 and comply with notice requirements.]

10. JURY DEMAND (OPTIONAL)

23. Pursuant to W. Va. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all issues so triable.

[// GUIDANCE: Strike this section if the Agreement validly waives jury trial or if Plaintiff elects to proceed non-jury.]

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and award:
A. Compensatory, incidental, and consequential damages in an amount to be proven at trial;
B. Pre- and post-judgment interest at the statutory rate;
C. Specific performance and/or injunctive relief as set forth above;
D. Attorney’s fees and costs as permitted by contract or statute;
E. Such other and further relief as the Court deems just and proper.

12. VERIFICATION (If Required)

I, [NAME], being first duly sworn, depose and say that I am the [TITLE/POSITION] of Plaintiff and that I have read the foregoing Complaint and know the contents thereof to be true and correct to the best of my knowledge, information, and belief.

[NAME]
[DATE]

STATE OF _ )
COUNTY OF _ ) ss.

Subscribed and sworn before me this ___ day of ____, 20__, by [NAME].

Notary Public
My commission expires: ____
[// GUIDANCE: West Virginia does not generally mandate verification for contract claims, but some judges prefer it. Remove if not used.]

13. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of ____, 20__, I served a true and correct copy of the foregoing Complaint upon:

[DEFENDANT COUNSEL OR REGISTERED AGENT NAME]
[ADDRESS]

by [United States mail, certified return receipt requested / hand delivery / other Rule 4 method].

[ATTORNEY NAME]

14. SIGNATURE BLOCK

Respectfully submitted,

[PLAINTIFF NAME]

By Counsel:

[ATTORNEY NAME] (WVSB #______)
[FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]

Counsel for Plaintiff

APPENDICES & EXHIBITS

• Exhibit A – Executed Agreement
• Exhibit B – Written Notice of Breach (if any)
• Exhibit C – Damages Calculation (optional, may be produced in discovery)

WEST VIRGINIA PROCEDURAL SNAPSHOT

[// GUIDANCE: The following non-pleading notes assist with planning the litigation.]

1. Service of Process
   • Governed by W. Va. R. Civ. P. 4.
   • Defendant has 20 days after service to file an answer (Rule 12(a)).

2. Discovery Limits (Default)
   • Depositions: 10 per side without leave (Rule 30(a)(2)(A)).
   • Interrogatories: 40 including discrete subparts (Rule 33(a)).
   • Requests for Admission and Production: no numeric limit, but must comply with proportionality (Rule 26(b)(1)).

3. Initial Disclosures & Conference
   • Rule 26(f) conference required within 30 days after service of the complaint (unless the court orders otherwise).

[// GUIDANCE: Always consult the local rules of the specific Circuit Court for additional discovery, mediation, or scheduling-order requirements.]

END OF TEMPLATE