If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her. In pleading any written instrument a copy thereof may be attached to the pleading as an exhibit. In either case the exhibit constitutes a part of the pleading for all purposes.
2-606.Exhibits.
Article II. Civil Practice · Part 6. Pleading · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA claim or defense built on a written instrument must attach a copy of it to the pleading -- or explain by affidavit why it's not accessible -- and the exhibit then becomes part of the pleading for every purpose.
Full Text of 735 ILCS 5/2-606
Plain-English Summary
Section 2-606 targets any claim or defense founded on a written document -- a contract, a note, a lease. The party relying on that document must attach a copy (or the relevant portion of it) as an exhibit, or recite it directly in the pleading. The only way around attaching it is an affidavit explaining why the instrument isn't accessible to the pleader.
The last sentence is what gives the section its bite: once attached, the exhibit is part of the pleading for all purposes. That means its terms can be tested on a motion attacking the pleading's sufficiency, and an exhibit that contradicts the pleading's own allegations can undercut the claim it's supposed to support.
This section pairs naturally with 2-615 motion practice: a written instrument attached under 2-606 is fair game for a court deciding whether the pleading states a claim, since the exhibit is treated as though it were written into the body of the pleading itself.
Frequently Asked Questions
When must a party attach a written instrument to a pleading?
Whenever a claim or defense is founded on that instrument. A copy -- or the relevant part of it -- must be attached as an exhibit, or recited in the pleading itself.
What if the instrument isn't available to the pleader?
The pleader can attach an affidavit stating facts that show the instrument isn't accessible, in place of the copy itself.
Does an exhibit count as part of the pleading, or is it separate?
It's part of the pleading for all purposes. Section 2-606 says so directly, which is why courts can look to an attached exhibit when testing a pleading's sufficiency.
Can a party attach an exhibit even if the claim doesn't strictly require it?
Yes -- the section says a copy of a written instrument may be attached to a pleading as an exhibit generally, not only when the claim is founded on it.
What happens if an attached exhibit contradicts the pleading's allegations?
Because the exhibit is part of the pleading, a conflict between the exhibit's terms and the pleading's allegations can be tested on a motion challenging the pleading, since a court may look at the pleading as a whole, exhibit included.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: exhibits to complaint illinoisattaching contract to complaint illinoiswritten instrument pleading illinois