Legal Question in Business Law in Illinois

Sherry, I am not sure if you are in state of federal court in Illinois or in which venue (Cook County, Du Page, etc.). However, I will assume you are being sued for breach of contract in state court in Illinois. Illinois rules of civil procedure do require that the exhibit, i.e. in this case a written contract, be attached or if not, an explanation of why it is not needs to be provided via affidavit. I have copied the relevant law below.

From a procedure standpoint, you could ask the court to dismiss the matter under this rule below for failure to attach the contracts, but this would not get rid of the case permanently and typically, the court would instruct the plaintiff or his/her lawyer (if represented by counsel) to provide the documents. In short, it is not normal for exhibits not to be attached but it happens due to error. You are typically required to answer within a certain number of days after service, so you may want to contact counsel for the other side to get the exhibits.

If you wish to discuss this matter further offline, you can email me at [email protected]. It would help to know where the case is pending.

(735 ILCS 5/2-606) (from Ch. 110, par. 2-606)

Sec. 2-606. Exhibits. 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.

(Source: P.A. 82-280.)