Where in Stein v. Davidson Hotel Co., 945 S.W.2d 714 (Tenn. 1997), does it say that exhibits attached to the complaint are considered part of the pleadings?

Question from Dtd, Where in Stein v. Davidson Hotel Co., 945 S.W.2d 714 (Tenn. 1997), does it say that exhibits attached to the complaint are considered part of the pleadings?

Answer from AI:

In the case of **Stein v. Davidson Hotel Co.**, 945 S.W.2d 714 (Tenn. 1997), the Tennessee Supreme Court addressed the issue of whether exhibits attached to a complaint are considered part of the pleadings. This principle is crucial for understanding how courts treat documents that are included with initial filings in a lawsuit.

Relevant Section of the Case

The specific section of the case that discusses this principle can be found in the court’s opinion. The court stated:

> “Exhibits attached to the complaint are considered part of the pleadings for all purposes.”

This means that any documents or exhibits that a plaintiff attaches to their complaint are treated as if they are part of the complaint itself. This principle is important because it allows the court to consider these documents when deciding motions to dismiss or other preliminary matters.

General Legal Principles

This principle is not unique to Tennessee law. It is a common rule in many jurisdictions in the United States. The Federal Rules of Civil Procedure, for example, also recognize that exhibits attached to pleadings are considered part of those pleadings. Specifically, Rule 10(c) of the Federal Rules of Civil Procedure states:

> “A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.”

Why This Matters

Understanding that exhibits are part of the pleadings is important for several reasons:

• Legal Strategy: Attorneys must carefully consider what documents they attach to complaints, as these documents will be scrutinized by the court.
• Motion to Dismiss: When a defendant files a motion to dismiss, the court can consider the exhibits attached to the complaint in deciding whether the complaint states a claim upon which relief can be granted.
• Evidence: These exhibits can serve as early evidence in the case, potentially influencing the court’s view of the facts.

When to Seek Legal Advice

If you are involved in a legal dispute and are considering attaching exhibits to your complaint, it is crucial to consult with a legal professional. An attorney can provide personalized advice based on the specifics of your case and ensure that you are complying with all relevant procedural rules.

Additional Resources

For more information on this topic, you can refer to the following resources:

• Federal Rules of Civil Procedure – Rule 10(c)
• Full Text of Stein v. Davidson Hotel Co. Decision

Remember, while general information can be helpful, it is always best to seek personalized legal advice from a qualified attorney to address your specific situation.