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Rule 59. Exhibits and Pleading


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.

Source: Texas Rule 19 (for District and Count Courts).

Change: The rule has been shortened. Provision is made for copying the exhibit into the body of the pleading. Addition of provision making the exhibit a part of the pleading for all purposes and for supplying allegations from the exhibit.

Oct. 29, 1940, eff. Sept. 1, 1941.