[DRAFT] STATE COURT COMPLAINT – BREACH OF CONTRACT

Hawaiʻi Circuit Court

[// GUIDANCE: This template is designed for use in any of Hawaiʻi’s Circuit Courts. Update the caption, fee information, and service details to match the specific circuit and division in which the action will be filed.]

TABLE OF CONTENTS

1. Caption & Document Identification
2. Parties, Jurisdiction, and Venue
3. General Allegations
4. First Cause of Action – Breach of Contract
5. Damages
6. Prayer for Relief
7. Jury Demand (Optional)
8. Attorneys’ Fees & Costs Allegation
9. Verification
10. Summons (Separate Document)

[// GUIDANCE: Hawaiʻi practice requires the Summons to be filed as a separate document. A model Summons follows the Complaint for convenience.]

1. CAPTION & DOCUMENT IDENTIFICATION

IN THE CIRCUIT COURT OF THE __ CIRCUIT
STATE OF HAWAIʻI

_____, ) CIVIL NO. __
Plaintiff, ) (Breach of Contract)
v. )
_____, ) COMPLAINT;
Defendant. ) SUMMONS;
) VERIFICATION; and
) DEMAND FOR JURY TRIAL (if any)
_____. )

                            COMPLAINT

[// GUIDANCE: Leave “CIVIL NO.” blank for clerk assignment. Insert full legal names of the parties. HRCP Rule 10(a) controls caption requirements.]

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff. [PLAINTIFF NAME], a [state] [entity type/individual] with principal place of business/residence at [address] (“Plaintiff”).

2.2 Defendant. [DEFENDANT NAME], a [state] [entity type/individual] with principal place of business/residence at [address] (“Defendant”).

2.3 Jurisdiction. This Court has subject-matter jurisdiction under Haw. Rev. Stat. § 603-21.5(a)(3) because the amount in controversy exceeds $40,000 and the claim sounds in contract.

2.4 Venue. Venue is proper in this Circuit under Haw. Rev. Stat. § 603-36 and HRCP Rule 3 because the contract was executed and/or to be performed in this Circuit and Defendant resides or does business here.

2.5 Service of Process. Defendant may be served pursuant to HRCP Rule 4 at [service address/registered agent].

[// GUIDANCE: If using a corporate Defendant, list the Hawaiʻi Department of Commerce & Consumer Affairs registered agent information.]

3. GENERAL ALLEGATIONS

3.1 Contract Formation. On or about [date], Plaintiff and Defendant entered into a written agreement titled “[Contract Title]” (the “Agreement”). A true and correct copy is attached as Exhibit “A.”

3.2 Plaintiff’s Performance. Plaintiff fully performed, or was ready, willing, and able to perform, all obligations under the Agreement, except those prevented or waived by Defendant.

3.3 Defendant’s Breach. Beginning on or about [date], Defendant breached the Agreement by, among other things, [describe specific breaches—e.g., non-payment of $______, failure to deliver goods, etc.].

3.4 Notice & Opportunity to Cure. Plaintiff provided written notice of breach on [date] pursuant to Section [__] of the Agreement. Defendant failed to cure within the contractual cure period.

3.5 Damages Resulting from Breach. As a proximate result of Defendant’s breaches, Plaintiff has suffered damages presently estimated at $[amount], exclusive of prejudgment interest, attorneys’ fees, costs, and additional consequential damages to be proven at trial.

[// GUIDANCE: Attach the written notice of breach as Exhibit “B” if available. Hawaiʻi practice strongly favors attaching key contract documents to avoid Rule 12(b)(6) motions.]

4. FIRST CAUSE OF ACTION – BREACH OF CONTRACT

4.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 3.5 above.

4.2 Existence of Valid Contract. The Agreement constitutes a valid and enforceable contract.

4.3 Breach. Defendant materially breached the Agreement as set forth in Paragraph 3.3.

4.4 Causation & Damages. Defendant’s breach directly and proximately caused Plaintiff’s damages as alleged in Paragraph 3.5.

4.5 Conditions Precedent. All conditions precedent to Defendant’s obligations either occurred or were excused.

4.6 Relief Requested. Plaintiff seeks all remedies available under Hawaiʻi law, including compensatory damages, prejudgment interest per Haw. Rev. Stat. § 636-16, specific performance (if applicable), and any other equitable relief the Court deems just and proper.

5. DAMAGES

5.1 Compensatory Damages. $[amount], plus consequential and incidental damages according to proof.

5.2 Prejudgment Interest. At the statutory rate from [breach date] until entry of judgment.

5.3 Post-Judgment Interest. At the legal rate until judgment is satisfied.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:

A. For compensatory damages in an amount to be proven at trial, presently estimated at $[amount];
B. For prejudgment and post-judgment interest as allowed by law;
C. For an award of reasonable attorneys’ fees and costs pursuant to Section [__] of the Agreement and/or Haw. Rev. Stat. § 607-14;
D. For specific performance or injunctive relief as the Court deems appropriate; and
E. For such other and further relief as the Court deems just and proper.

7. JURY DEMAND (OPTIONAL)

Plaintiff demands a trial by jury on all issues so triable in accordance with HRCP Rule 38(b).

[// GUIDANCE: Under HRCP Rule 38(b), the written jury demand must be served not later than 10 days after the service of the last pleading directed to such issue.]

8. ATTORNEYS’ FEES & COSTS ALLEGATION

Pursuant to Haw. Rev. Stat. § 607-14 and the prevailing-party fee provision in Section [__] of the Agreement, Plaintiff is entitled to recover reasonable attorneys’ fees, costs, and expenses incurred herein.

9. VERIFICATION

I, [Name of Authorized Representative or Individual Plaintiff], declare under penalty of perjury that I am the [title/relationship] of Plaintiff in the above-entitled action, that I have read the foregoing Complaint and know the contents thereof, and that the same is true and correct of my own knowledge except as to those matters stated on information and belief, and as to those matters I believe them to be true.

Executed at ___, Hawaiʻi on _, 20.

[Typed Name]
[Title, if applicable]

10. SUMMONS (TO BE FILED SEPARATELY)

SUMMONS

STATE OF HAWAIʻI
CIRCUIT COURT OF THE __ CIRCUIT

TO THE ABOVE-NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED to appear before the Circuit Court of the _ Circuit, State of Hawaiʻi, in the courtroom designated in the attached Notice of Hearing, and to file with the Court and serve upon Plaintiff’s attorney an Answer to the attached Complaint within twenty-one (21) days after service of this Summons upon you, exclusive of the date of service.

If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.

DATED: Honolulu, Hawaiʻi, __, 20_.

---

Clerk of the above-entitled Court

[// GUIDANCE: Modify the 21-day response period if service is made outside the State (HRCP Rule 12(a)). Hawaiʻi requires the Summons to be signed by the Clerk before service.]

DISCOVERY LIMITS (Hawaiʻi-Specific)

[// GUIDANCE: Although discovery limits are not pleaded in the Complaint, counsel should be aware of:
• HRCP Rule 26(b) proportionality and mandatory initial disclosure rules (2018 amendments).
• HRCP Rule 30(a)(2) limit of one deposition of any person absent stipulation or court order (no numeric cap on depositions, but each deposition limited to one day of seven hours unless extended).
• HRCP Rule 33(a) limit of 40 interrogatories including subparts, absent stipulation or court order.
Consider requesting early case management conference under Rule 16.1 to tailor discovery to case complexity.]

SERVICE RULES (Hawaiʻi-Specific)

[// GUIDANCE:
• HRCP Rule 4 mandates personal service within the State by a person authorized by the court or any person who is not a party and at least 18 years old.
• If serving an out-of-state defendant, use HRCP Rule 4(e) (service by certified mail) or seek leave for alternative service.
• Proof of service must be filed promptly using HRCP Rule 4(g) affidavit of service.

Attach completed Summons to process server with two copies of the Complaint and Exhibits.]

SIGNATURE BLOCK

DATED: ______, Hawaiʻi.

Respectfully submitted,

[Attorney Name] (Bar No. ______)
[LAW FIRM NAME]
[Address]
[Telephone] | [Email]
Attorney for Plaintiff

[// GUIDANCE: 1) Run a conflicts check and engagement letter before filing.
2) Confirm circuit filing fees (currently $400.00 for most contract actions).
3) E-file via JEFS and deliver two conformed copies for service.]