If a written instrument is attached as an exhibit to a pleading, is it treated as part of the pleading itself?

• A. Yes
• B. No
• C. Sometimes
• D. Only if designated

Answer: (A)

When a written instrument is attached as an exhibit to a pleading, it is treated as part of the pleading for all purposes. The document is incorporated by reference and its terms are read alongside the pleading, so the court can consider it as if the terms were stated in the pleading itself. This ensures the instrument’s rights and obligations are bound to the claims or defenses and can be relied on in deciding the case. The other options would misstate the effect of attaching an exhibit, which is generally not conditional or separate from the pleading itself.