[COURT NAME]

[__] JUDICIAL CIRCUIT

STATE OF SOUTH DAKOTA

COUNTY OF [__]

[PLAINTIFF LEGAL NAME],
  Plaintiff,
v.
[DEFENDANT LEGAL NAME],
  Defendant.

Case No.: [_____]

COMPLAINT FOR BREACH OF CONTRACT
[JURY TRIAL DEMANDED / NON-JURY CASE]

TABLE OF CONTENTS

1. Parties ............................................................................................................................ ¶¶ 1-2
2. Jurisdiction & Venue ............................................................................................. ¶¶ 3-4
3. Factual Allegations ................................................................................................. ¶¶ 5-15
4. Cause of Action – Breach of Contract ............................................................... ¶¶ 16-23
5. Damages ................................................................................................................... ¶¶ 24-26
6. Conditions Precedent & Right to Amend ...................................................... ¶¶ 27-29
7. Prayer for Relief ....................................................................................................... p. 8
8. Jury Demand (if applicable) ................................................................................ p. 9
9. Verification ............................................................................................................... p. 10
10. Certificate of Service ............................................................................................ p. 11

[// GUIDANCE: Delete TOC before filing if local rules prohibit.]

PARTIES

1. Plaintiff [PLAINTIFF LEGAL NAME] (“Plaintiff”) is a [corporation / LLC / individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].

2. Defendant [DEFENDANT LEGAL NAME] (“Defendant”) is a [corporation / LLC / individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
  a. [If foreign entity:] Defendant is authorized to do business in South Dakota and maintains a registered agent at [ADDRESS].

JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction pursuant to South Dakota Constitution art. V § 5 and applicable statutes because the amount in controversy exceeds [$_____], exclusive of interest and costs.

4. Venue is proper in this County under SD law because (i) the contract was executed and/or to be performed in this County, and (ii) Defendant transacts substantial business here.

[// GUIDANCE: Confirm venue statute citations if citing; omit if uncertain.]

FACTUAL ALLEGATIONS

5. On or about [DATE], Plaintiff and Defendant entered into a written contract titled “[CONTRACT TITLE]” (the “Contract”). A true and correct copy is attached as Exhibit A.

6. Under the Contract, Plaintiff agreed to:
  a. [Describe key obligation 1];
  b. [Describe key obligation 2].

7. In consideration, Defendant agreed to:
  a. Pay Plaintiff [$____] according to the schedule in the Contract; and
  b. [Other material obligations].

8. Plaintiff fully performed, or was ready, willing, and able to perform, all obligations required of it under the Contract.

9. Beginning on or about [DATE], Defendant failed to perform the following material obligations:
  a. [Failure 1—e.g., non-payment of invoices #_ totaling $_];
  b. [Failure 2—e.g., refusal to accept delivery].

10. Plaintiff delivered written notice of breach to Defendant on [DATE] and afforded the contractually-required cure period of [__] days. Defendant did not cure.

11. Defendant’s breaches are material and have deprived Plaintiff of the benefit of its bargain.

12. As a direct and proximate result, Plaintiff has suffered damages currently estimated at [$____], exclusive of interest, attorneys’ fees, and costs.

13. Plaintiff continues to incur damages, including lost profits and consequential damages.

14. All conditions precedent to the filing of this action have occurred, been satisfied, or been waived.

15. Plaintiff has complied with the pleading standards of the South Dakota Rules of Civil Procedure.

COUNT I – BREACH OF CONTRACT

16. Plaintiff realleges and incorporates by reference ¶¶ 1-15 as though fully set forth herein.

17. A valid and enforceable Contract exists between Plaintiff and Defendant.

18. Plaintiff performed all, or substantially all, of its obligations under the Contract.

19. Defendant materially breached the Contract by:
  a. Failing to [pay / perform] as required;
  b. [Add additional breaches].

20. Defendant’s breaches were not excused or justified.

21. Plaintiff notified Defendant of its breaches and provided an opportunity to cure, but Defendant failed to do so.

22. As a direct and proximate result of Defendant’s breaches, Plaintiff has sustained damages in an amount to be proven at trial but not less than [$____].

23. Plaintiff is also entitled to:
  a. Contractual attorneys’ fees and costs;
  b. Pre- and post-judgment interest at the maximum lawful rate;
  c. Such equitable relief as the Court deems just, including specific performance or injunctive relief.

DAMAGES

24. Direct Damages: [$____].
25. Consequential Damages: [$____] (anticipated lost profits, incidental expenses).
26. Attorneys’ Fees & Costs: Recoverable pursuant to § [CONTRACT SECTION __].

[// GUIDANCE: Detail damage calculations in an attached schedule when available.]

CONDITIONS PRECEDENT & RESERVATION OF RIGHT TO AMEND

27. All contractual and statutory conditions precedent have been satisfied, performed, or waived.

28. Plaintiff reserves the right to amend this Complaint to assert additional claims or parties as discovery progresses, consistent with South Dakota’s liberal amendment standards.

29. Plaintiff further reserves all rights under SD discovery limits (e.g., interrogatories, requests for admission, depositions) and will propound discovery in conformity with those limits.

[// GUIDANCE: SD generally allows 30 interrogatories and 30 RFAs per party without leave of court. Adjust if local rule varies.]

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 [$____];
B. Awarding consequential and incidental damages according to proof;
C. Awarding pre- and post-judgment interest;
D. Awarding contractual and/or statutory attorneys’ fees and costs;
E. Granting specific performance or injunctive relief compelling Defendant’s compliance with the Contract, if appropriate;
F. Awarding such other and further relief as the Court deems just and proper.

JURY DEMAND

Pursuant to Rule 38 of the South Dakota Rules of Civil Procedure, Plaintiff hereby demands a trial by jury on all issues so triable.

[// GUIDANCE: Remove this section if the Contract contains an enforceable jury-trial waiver the client wishes to invoke.]

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME]
[SD BAR NO. ______]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF

VERIFICATION

I, [AUTHORIZED REPRESENTATIVE NAME], being duly sworn, state that I am the [TITLE] of Plaintiff and that I have read the foregoing Complaint; the factual allegations are true to the best of my knowledge, information, and belief.

[NAME], [TITLE]

Subscribed and sworn before me this ___ day of ____ 20__.

Notary Public
My Commission Expires: ____

[// GUIDANCE: Verification is optional unless required by local rule or for certain claims; confirm necessity before filing.]

CERTIFICATE OF SERVICE

I certify that on the ___ day of ____ 20__, I caused a true and correct copy of the foregoing Complaint (and attached Summons) to be served upon Defendant by [method of service permitted under SDCL 15-6-4], addressed as follows:

[DEFENDANT NAME & ADDRESS]

[ATTORNEY NAME]

[// GUIDANCE: South Dakota actions are commenced by service of the Summons (with or without the Complaint); ensure compliance with SDCL 15-6-4 and file the proof of service within the required timeframe.]