Rule 59.Exhibits and Pleading

Last verified June 28, 2026

In one sentenceRule 59 lets written instruments that form the claim or defense — notes, accounts, bonds, mortgages, and the like — be made part of the pleadings by attaching or copying them, but no other kind of instrument may be an exhibit.

Full Text of Rule 59

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Notes, accounts, bonds, mortgages, records, and all other written instruments, constituting, in whole or in part, the claim sued on, or the matter set up in defense, may be made a part of the pleadings by copies thereof, or the originals, being attached or filed and referred to as such, or by copying the same in the body of the pleading in aid and explanation of the allegations in the petition or answer made in reference to said instruments and shall be deemed a part thereof for all purposes. Such pleadings shall not be deemed defective because of the lack of any allegations which can be supplied from said exhibit. No other instrument of writing shall be made an exhibit in the pleading.

End

Plain-English Summary

Rule 59 governs attaching documents to a pleading. Written instruments that make up the claim or defense — notes, accounts, bonds, mortgages, records, and similar writings — may be made part of the pleadings, either by attaching or filing copies or originals and referring to them, or by copying them into the body of the pleading. Once made part of the pleading, they count for all purposes, and the pleading is not defective for missing an allegation the exhibit supplies.

The rule draws a line: no instrument other than those it names may be made an exhibit to a pleading.

Frequently Asked Questions

What documents can you attach to a Texas pleading?

Under Rule 59, written instruments that constitute the claim or defense — notes, accounts, bonds, mortgages, records, and similar writings. No other kind of instrument may be made an exhibit.

Does an exhibit attached to a pleading count as part of the pleading?

Yes. Rule 59 treats a properly attached instrument as part of the pleading for all purposes, and the pleading is not defective for omitting an allegation the exhibit itself supplies.

Can you attach a witness's affidavit as an exhibit to a pleading?

No. Rule 59 limits exhibits to the written instruments that make up the claim or defense — notes, accounts, bonds, mortgages, records, and similar writings. No other kind of instrument may be made an exhibit.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 59), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: exhibits and pleadingattaching documentsexhibit to a pleadingsworn accountTRCP 59