Knox County Court of Common Pleas, General and Domestic Relations Division Document Filing Requirements

CRITICAL

Applies to

Civil protection order petition or first hearing

The petitioner must inform the Court in the petition or, if earlier, at the first hearing about any other court order affecting the identified parties’ rights and the order’s terms.

The Petitioner shall inform the Court in the Petition, or at the first hearing in the case, whichever is earlier, about the existence and terms of any other order of any Court that affects the rights of the Petitioner, the protected persons, and the Respondent identified in the Petition.

CRITICAL

Applies to

Pleading or initial post decree motion

The caption of every pleading or initial post-decree motion must list all parties, each party’s most recent complete address if known, and each natural party’s date of birth if known.

1.2 Caption Requirements. In every pleading or initial post-decree motion filed on behalf of a party or parties, there shall be set forth in the caption the names of all parties with their most recent complete address, if known, and, if the party is a natural party, the date of birth if known.

CRITICAL

Applies to

Document requiring two or more signatures

For a document requiring multiple signatures, the filer must confirm all signers accept its contents, indicate their agreement in the document, and e-file it identifying the signatories.

(i) The filing party or attorney shall confirm that the content of the document is acceptable to all persons required to sign the document. The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line. (ii) The filing party or attorney then shall file the document electronically, indicating the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.

CRITICAL

Applies to

Custody evaluator report

The Custody Evaluator must file the report with the Clerk of Court.

The Custody Evaluator shall file the report with the Clerk of Court

CRITICAL

Applies to

Motion

Counsel or the parties must file a motion to return the case to the active docket.

It is the responsibility of counsel/parties to file a Motion to place the case back on the active docket.

CRITICAL

Applies to

Response to request for production or objections

Responses and objections to document-production requests must be filed with the Clerk, but the requested documents must not be filed there.

A response to a request for production of documents or objections shall be filed with the Clerk, but the actual documents requested shall not be filed with the Clerk.

CRITICALCriminal cases

Applies to

Eligibility results notice

Copies of the eligibility-results notice must be forwarded to the referring judge and counsel.

forward copies of this entry to the referring judge and counsel

CRITICAL

Applies to

Travel expense submission

Travel expenses must be itemized on the Motion, Entry and Certification Form, including the listed expense categories.

Travel expenses must be itemized on the Motion, Entry and Certification Form, including mileage, airfare, lodging, meals, and other miscellaneous items.

CRITICAL

Applies to

Objections

Objections under Civil Rules 53 and 65.1 must state their grounds specifically and with particularity.

Any objections filed by a party pursuant to Civil Rules 53 and 65.1 shall be specific and state with particularity the grounds therefore.

CRITICAL

Applies to

Entry of appearance

Counsel’s entry of appearance must be in writing and properly signed and filed before counsel may appear, unless the Court waives that requirement; it may be effected by counsel’s signature on a pleading, motion, or letter to the Court.

3.1 Entering an appearance. All entries of appearance of counsel shall be in writing. An entry of appearance of counsel may be effected by signature of counsel on a pleading, motion or letter to the Court. Until an entry of appearance properly made and signed by counsel has been filed, counsel shall not be entitled to appear at any proceeding in the action, unless waived by the Court.

CRITICAL

Applies to

Civil protection order dismissal

A dismissal of a Civil Protection Order must instruct the Clerk to send the dismissal entry to all law enforcement agencies originally notified of the order.

All dismissals of Civil Protection Orders shall include instructions to the Clerk to provide a copy of the dismissal entry to all law enforcement agencies originally notified of the Civil Protection Order.

CRITICAL

Applies to

Mortgage assignment

If the mortgage was assigned, a copy of the assignment must be filed.

If the mortgage was assigned, a copy of the assignment was filed.

CRITICAL

Applies to

Parenting coordinator training report

A parenting coordinator must submit an annual report to the Court by January 1 listing the previous year's continuing education and specified training details.

On or before January 1st of each year, a parenting coordinator shall report to the Court a list of all continuing education training completed during the previous year pursuant to subparagraph 25.2.5 (3), including the sponsor, title, date, contents, credit hours, and location of each training.

CRITICAL

Applies to

Entry

An entry submitted with a motion must include an approval line for each party or counsel of record and affirmatively indicate that all have approved it.

The entry shall contain an approval line for each party or their counsel of record and shall affirmatively indicate that all of the parties or their counsel have approved it.

CRITICAL

Applies to

Final preliminary judicial report or title insurance commitment

The Final PJR or TIC must include a copy of the court's docket for the case.

The Final PJR or TIC includes a copy of the court's docket for the case.

CRITICAL

Applies to

Transcript request

A written transcript request and a copy for a certified Court reporter must be provided before 14 days expire after the Magistrate’s Decision is issued.

A request for a transcript shall be filed in writing and a copy delivered to a certified Court reporter PRIOR to the expiration of the 14 days after the issuance of the Magistrate's Decision.

CRITICAL

Applies to

Entry order

If opposing counsel or a party fails to respond, the preparer must submit the entry or order marked “submitted but not returned.”

If the delay is due to the failure of opposing counsel or party to respond, the preparer shall submit the entry/order to the Court with the notation “submitted but not returned.”

CRITICAL

Applies to

Case parties

All persons listed on the PJR or TIC have been added as a party and have been properly served with service of process.

All persons listed on the PJR or TIC have been added as a party and have been properly served with service of process.

CRITICAL

Applies to

Preliminary judicial report

The PJR must be signed by an appropriate officer of the title company.

The PJR has been signed by an appropriate officer of the title company.

CRITICAL

Applies to

Tangible exhibit

A tangible exhibit that cannot be stored electronically must be identified by a notice cover page listing the case caption, case number, judge, filing party, and exhibit description.

Exhibits which are tangible and cannot be stored in an electronic format (such exhibits shall be identified by a Notice cover page using the caption of the case, the case number, the judge, the identity of the filing party, and a description of the exhibit or tangible thing);

CRITICAL

Applies to

Motion to withdraw

A discretionary motion to withdraw must notify the client of the trial or hearing time, date, and location and show good cause.

(B) At the discretion of the Court upon motion that contains notice to the client of the time, date, and location of the trial or hearing and a showing of good cause.

CRITICAL

Applies to

Proposed judgment entry

The entry must find that the mortgage being foreclosed is a good, valid, and subsisting lien.

The entry finds that the mortgage being foreclosed upon is a good, valid and subsisting lien.

CRITICAL

Applies to

Final preliminary judicial report or title insurance commitment

The Final PJR or TIC must have an effective date later than the action's filing date (the Lis Pendens date).

The Final PJR or TIC has an effective date more recent than the date on which the action was filed (Lis Pendens date).

CRITICAL

Applies to

Proposed findings and conclusions

Poorly drafted proposed findings or those containing counsel’s arguments or opinions, or post-hearing facts, will be rejected; the Court or Magistrate may require redrafting or reject them and deem the request waived.

Any proposed findings of fact and conclusions of law submitted by counsel that are poorly drafted or that contain arguments, opinions of counsel or facts obtained after the hearing will be rejected, and the Court or Magistrate may return the proposed findings of fact and conclusions of law to counsel to be redone, or the Court may reject the proposed findings of fact and conclusions of law and deem the request for findings of fact and conclusions of law to be waived.

WARNING

Applies to

Expense reimbursement request

If identifying the payee or expense raises confidentiality or attorney-client privilege concerns, the applicant may indicate that on the form and attach an appropriate Court approval entry.

If the identification of the payee or the nature of the expense raises questions of confidentiality or of attorney-client privilege, the applicant may make such indication on the form, and attach an appropriate entry of approval from the Court.

WARNING

Applies to

Request for additional time

A request for additional time to file the discovery plan must include a proposed filing date.

Should the parties fail to file the proposed discovery plan, then the parties shall be deemed to have waived discovery, unless the parties or the parties' attorneys file a request with the Court for additional time to file the discovery plan, with a proposed date of the filing of the plan.

WARNING

Applies to

Proposed decree

The Court may request proposed decrees instead of closing arguments.

The Court may request proposed decrees in lieu of closing arguments.

WARNING

Applies to

Financial affidavit

Included in the affidavit should be a statement of living expenses and monthly debt obligations of the parties and their gross and net monthly earnings.

Included in the affidavit should be a statement of living expenses and monthly debt obligations of the parties and their gross and net monthly earnings.

WARNING

Applies to

Bond violation notice

For either type of bond hearing, the pretrial release officer must send the Bond Violation Notice to the judge of record for signature and scheduling of the hearing date and time.

Send the Bond Violation Notice to the Judge of record for their signature and to schedule a date and time for the hearing.

WARNING

Applies to

Temporary custody request

Requests for temporary custody should include parenting-time provisions for the non-custodial parent or a basis for denying parenting time.

All requests for temporary custody should include either provisions for parenting time with the non-custodial parent or a basis for a denial of parenting time.

WARNING

Applies to

Proposed findings and conclusions

When such a request is made, the Court or Magistrate may direct each counsel to submit proposed findings and conclusions, with a Word-format copy by email.

When a request for findings of fact and conclusions of law is made, the Court or Magistrate may direct each counsel to submit proposed findings of fact and conclusions of law, with a copy in Word Format via e-mail.

WARNING

Applies to

Affidavit

Third-party independent corroboration of irreparable harm or an extreme emergency is preferred, with police or children-services statements given as examples.

Further, third party, independent corroboration of irreparable harm or an extreme emergency is preferable. Such information would include statements from police or a children services agency.

WARNING

Omitting information required by the Court may result in denial of the request for support.

Failure to include all necessary information as required by the Court may result in the denial of the request for support.

WARNING

Applies to

Proposed order

Must include

certificate of service

Proposed orders should include a certificate of service as set forth in section (K)(2)(b) of this Administrative Order.

Proposed orders should include a certificate of service as set forth in section (K)(2)(b) of this Administrative Order.

WARNING

Applies to

Pre sentence investigation questionnaire

The person completing the form should date and sign it.

At the end of this form please put the date you completed it and sign your name.

WARNING

Applies to

Restitution proof

During screening, the Diversion Director may request proof that the defendant has means to make restitution.

The Diversion Director may request proof of means to make restitution as part of the screening process.

WARNING

Applies to

Deed

The attorney who filed the Entry Confirming Sale and Ordering Deed must monitor the docket and prepare the deed in a timely manner.

It shall be the responsibility of the attorney who filed the Entry Confirming Sale and Ordering Deed to monitor the docket and prepare the deed in a timely manner.

WARNING

Applies to

Hearing

For hearings without a pretrial conference, counsel are expected to comply with Rule 17.1 to the extent reasonably anticipated.

17.2 Without a Pretrial Conference. In all hearings before the Court where a pretrial conference has not been held, counsel for all parties are expected to comply with Rule 17.1 as reasonably as can be anticipated.

WARNING

Applies to

Oral hearing request

A party may request an oral hearing in writing, but whether to hold one is within the Court’s discretion.

ORAL HEARINGS WILL BE CONSIDERED AT THE DISCRETION OF THE COURT UPON WRITTEN REQUEST OF ANY PARTY.

WARNING

Applies to

Voluntary allocution statement

The voluntary allocution statement asks the Defendant to explain in their own words why or how they committed the charged offense.

EXPLAIN IN YOUR OWN WORDS WHY/HOW YOU COMMITTED THE OFFENSE FOR WHICH YOU ARE CHARGED:

WARNING

Applies to

Bond violation notice

For either type of bond hearing, the pretrial release officer must prepare a Bond Violation Notice and submit it to the Chief Probation Officer for review and approval.

Prepare a Bond Violation Notice and submit it to the Chief Probation Officer for review and approval

WARNING

Applies to

Attorney time records

Such records should be kept by the attorney for a minimum of five years from the date the related Motion, Entry and Certification form was submitted to the Court.

Such records should be kept by the attorney for a minimum of five years from the date the related Motion, Entry and Certification form was submitted to the Court.

WARNING

Applies to

Child support request

Child support requests should have a completed work sheet as described by statute.

Child support requests should have a completed work sheet as described by statute.

WARNING

Applies to

Spousal or child support affidavit

The affidavits of parties applying for, or opposing, spousal or child support should be submitted fully completed on forms prescribed by the Court.

The affidavits of parties applying for, or opposing, spousal or child support should be submitted fully completed on forms prescribed by the Court.

WARNING

Applies to

Custody evaluator comment or complaint

Persons desiring to make comments/complaints concerning a Custody Evaluator shall use the "Guardian ad Litem Comment Form", Item 16 non-disclosure, which is contained in the appendix to these Rules.

Persons desiring to make comments/complaints concerning a Custody Evaluator shall use the "Guardian ad Litem Comment Form", Item 16 non-disclosure, which is contained in the appendix to these Rules.

WARNINGCriminal cases

Applies to

Proof of means to make restitution

The Diversion Director may request proof of the defendant's means to make restitution during screening.

The Diversion Director may request proof of means to make restitution as part of the screening process.

WARNING

Applies to

Custody evaluator annual review form

The Court Administrator must complete the Custody Evaluator Annual Review Form, Item 15 in the appendix.

The Court Administrator shall complete the "Custody Evaluator Annual Review Form", which is Item 15 contained in the appendix to these Rules.

WARNING

Applies to

Request to compel interrogatory answers

Any requests to compel answers to interrogatories should include a copy of the interrogatories.

Any requests to compel answers to interrogatories should include a copy of the interrogatories.

WARNING

Applies to

Filed transcript copy request

A request for a filed transcript copy must be in writing, filed with the Clerk of Court, and copied to the Court.

A party may request a copy of a transcript that has been filed. The request must be in writing and filed with the Clerk of Court, with a copy provided to the Court.

WARNING

Applies to

Bond violation report

For either type of bond hearing, the pretrial release officer must prepare a Bond Violation Report and submit it to the Chief Probation Officer for review and approval.

Prepare a Bond Violation Report and submit it to the Chief Probation Officer for review and approval