[STATE COURT COMPLAINT – BREACH OF CONTRACT]
IN THE DISTRICT COURT OF THE ___ JUDICIAL DISTRICT
IN AND FOR ___ COUNTY, STATE OF WYOMING
Civil Action No. _____
| [PLAINTIFF NAME], a [state] [entity type], | COMPLAINT FOR BREACH OF CONTRACT |
| Plaintiff, | |
| v. | |
| [DEFENDANT NAME], a [state] [entity type], | |
| Defendant. |
TABLE OF CONTENTS
- Parties ....................................................................................... 2
- Jurisdiction and Venue ............................................................. 2
- Factual Allegations ................................................................ 3
- Cause of Action – Breach of Contract ..................................... 5
- Conditions Precedent ............................................................... 6
- Damages .................................................................................. 6
- Prayer for Relief ...................................................................... 7
- Demand for Jury Trial / Jury Waiver ....................................... 8
- Reservation of Rights ............................................................. 8
- Verification ............................................................................. 9
- Signature Block ...................................................................... 9
- Certificate of Service ............................................................. 10
[// GUIDANCE: The numbering in the Table of Contents auto-updates in most modern word processors; if drafting in plain text, confirm cross-references manually.]
1. PARTIES
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a [corporation/limited liability company/individual] organized under the laws of [state of formation], with its principal place of business at [address], and authorized to transact business in the State of Wyoming.
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/limited liability company/individual] organized under the laws of [state of formation], with its principal place of business at [address]. Defendant may be served pursuant to Wyo. R. Civ. P. 4 at [registered agent/office address].
[// GUIDANCE: Confirm Defendant’s exact legal name and registered agent details via the WY Secretary of State corporate records search before filing.]
2. JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction pursuant to Wyo. Const. art. 5, § 10 and applicable Wyoming statutes because the amount in controversy exceeds the jurisdictional minimum of the District Court and involves a claim sounding in contract arising within the State of Wyoming.
2.2 Personal jurisdiction over Defendant is proper because Defendant transacts substantial business in Wyoming and the claims asserted herein arise out of Defendant’s activities within this State.
2.3 Venue is proper in ___ County under Wyo. Stat. § 1-5-___ [PLACEHOLDER – insert correct citation if desired] because (a) the contract was executed and/or was to be performed in this County, and (b) Defendant resides or may be served in this County.
3. FACTUAL ALLEGATIONS
3.1 On or about [date], Plaintiff and Defendant executed a written contract titled “[TITLE OF CONTRACT]” (the “Contract”). A true and correct copy of the Contract is attached hereto as Exhibit A.
3.2 Under the Contract, Plaintiff agreed to [describe Plaintiff’s material obligations] in exchange for Defendant’s agreement to [describe Defendant’s material obligations], including but not limited to payment of [amount] (the “Contract Price”) on the schedule set forth in the Contract.
3.3 Plaintiff fully performed, or substantially performed, all of its obligations under the Contract, or such performance has been excused by Defendant’s breach.
3.4 Beginning on or about [date], Defendant failed to [specify breach, e.g., make payments, deliver goods, perform services, etc.], in violation of Section __ of the Contract.
3.5 Plaintiff provided Defendant with written notice of default on [date] pursuant to Section __ of the Contract, affording Defendant [cure period] to cure the default. Defendant failed and refused to cure within the prescribed period.
3.6 As a direct and proximate result of Defendant’s breach, Plaintiff has suffered damages in an amount to be proven at trial, but believed to exceed $[amount].
[// GUIDANCE: Allegations should be simple, concise, and numbered consecutively in compliance with Wyo. R. Civ. P. 10(b). Attach the operative contract as Exhibit A; additional correspondence may be attached as Exhibits B, C, 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. A valid and enforceable Contract existed between Plaintiff and Defendant.
4.3 Plaintiff’s Performance. Plaintiff has performed all obligations required of it under the Contract, or such performance has been excused.
4.4 Defendant’s Breach. Defendant materially breached the Contract by [describe breach].
4.5 Damages. Plaintiff has been damaged in an amount to be determined at trial, including but not limited to:
(a) Unpaid Contract Price in the amount of $[amount];
(b) Incidental and consequential damages, including lost profits, in an amount presently estimated at $[amount];
(c) Pre- and post-judgment interest as allowed by law; and
(d) Reasonable attorney fees and costs as permitted under Section __ of the Contract and/or applicable law.
4.6 Proximate Cause. Defendant’s breach was the direct and proximate cause of Plaintiff’s damages.
5. CONDITIONS PRECEDENT
5.1 All conditions precedent to Plaintiff’s right to bring this action have occurred, been performed, or been waived.
6. DAMAGES
6.1 Plaintiff seeks the following categories of damages, subject to proof at trial:
(a) Compensatory damages in excess of $[amount];
(b) Pre-judgment interest at the statutory rate from the date of breach;
(c) Post-judgment interest; and
(d) Attorney fees and costs as provided in the Contract and/or Wyo. Stat. § 1-14-126.
[// GUIDANCE: Wyoming generally follows the American Rule on attorney fees. A contractual fee-shifting clause or statutory basis must be pled.]
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
A. Awarding compensatory, incidental, and consequential damages in an amount to be proven at trial, but not less than $[amount];
B. Awarding pre- and post-judgment interest as allowed by law;
C. Awarding Plaintiff its reasonable attorney fees and costs;
D. Granting preliminary and permanent injunctive relief enjoining Defendant from [describe injunctive relief sought, e.g., disposing of disputed goods, using confidential information];
E. Such other and further relief as the Court deems just and proper.
8. DEMAND FOR JURY TRIAL / JURY WAIVER
[Select ONE of the following alternatives and delete the other.]
• Jury Demand. Pursuant to Wyo. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all issues so triable.
• Jury Waiver. Pursuant to Section __ of the Contract, the parties expressly waived any right to a trial by jury. Plaintiff therefore requests that all issues be tried to the Court.
[// GUIDANCE: If relying on a contractual jury waiver, confirm its enforceability under Wyoming law and attach the relevant contract excerpt.]
9. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to assert additional claims, add parties, or seek alternative relief should discovery reveal additional facts warranting such amendments.
10. VERIFICATION
STATE OF _ )
) ss.
COUNTY OF _ )
I, [Name], [title] of [Plaintiff Name], being first duly sworn, on oath depose and say that I have read the foregoing Complaint, know the contents thereof, and that the same are true to the best of my knowledge, information, and belief.
[NAME], [Title]
[Plaintiff Name]
Subscribed and sworn to before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Verification is not universally required under the Wyoming Rules, but local practice may favor inclusion for contract claims. Confirm with local counsel.]
11. SIGNATURE BLOCK
DATED this ___ day of ____, 20__.
Respectfully submitted,
[ATTORNEY NAME]
Wyoming Bar No. [_]
[Law Firm Name]
[Address]
[City, State ZIP]
Telephone: ([]) [-_]
Email: [_@___.com]
ATTORNEY FOR PLAINTIFF
12. CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing Complaint was served upon the following in the manner indicated:
[DEFENDANT’S COUNSEL OR DEFENDANT]
[Name]
[Address]
[Email]
☐ U.S. Mail
☐ Hand Delivery
☐ Commercial Courier
☐ Electronic Mail
☐ CM/ECF (if applicable)
[Attorney Name]
[// GUIDANCE: Wyoming state courts do not universally use electronic filing. Confirm service method with the relevant District Court clerk.]
ADDITIONAL WYOMING-SPECIFIC GUIDANCE
- Pleading Standard – Wyoming follows notice pleading; allege sufficient facts to place Defendant on notice of the claim.
- Service of Process – Wyo. R. Civ. P. 4 permits personal service, certified mail with return receipt, or service by publication (with court approval). Complete a separate Summons and file with the clerk for issuance.
- Discovery Limits – Under Wyo. R. Civ. P. 26(b)(2), presumptive limits include 10 depositions per side and 25 interrogatories, unless modified by stipulation or court order. Note these limits in the proposed scheduling order.
- Damages Disclosure – Within 30 days after Defendant’s appearance, serve initial disclosures listing computation of damages (Rule 26(a)(1)). Maintain contemporaneous documentation (invoices, ledgers, correspondence).
- Alternative Dispute Resolution – Many Wyoming District Courts encourage, but do not require, mediation. Address ADR in the case management conference.
[// GUIDANCE: Always verify local rules for the specific District Court (e.g., Ninth Judicial District Local Rules) for additional formatting, page limits, or mandatory forms.]
THIS TEMPLATE IS PROVIDED FOR PROFESSIONAL USE BY ATTORNEYS. REVIEW AND CUSTOMIZE ALL BRACKETED FIELDS, EXHIBIT REFERENCES, AND FACTUAL ALLEGATIONS TO REFLECT THE SPECIFIC CLIENT MATTER AND COURT REQUIREMENTS.