Judge Bethany Peery Glandorf
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Emergency Request, Ex Parte Request
- Email • Immediately Upon Filing
Opposition Response
- 1 copy • Email • Upon Filing
Reply
- 1 copy • Email • Upon Filing
Adjournments
- First-time continuation or continuance requests are liberally granted.
- Continuances of motions should be to a specific date, and indefinite continuances are not preferred and require the Court's permission.
- Contested cases and judicial settlement conferences may be continued only upon a showing of good cause through a motion and affidavit.
- +6 more
Request must include
- A local witness's absence does not justify a continuance unless the subpoena was issued and dated at least 10 days before trial (Local Rule 28.02).
Communication
Phone
Chambers
Phone
Clerk
Chambers
Clerk
Document Format Requirements1 rule
Exhibits should be printed before trial with an additional copy for the Court; unprinted exhibits may be admitted in original form, but the Court may require a late-filed hard copy within five days of the hearing.
When possible, all exhibits, such as text message threads, photographs, emails, and other written communications, shall be printed prior to trial with an additional copy for the Court. The Court will allow text messages, emails, audio-visual videos, voicemails, etc., to be admitted in their original forms if they have not been printed prior to the hearing; however, the Court may either incorporate the exhibit by reference or require the submitting party to provide a hard copy to be marked as a late-filed exhibit within five (5) days of the hearing.
Document Filing Requirements49 rules
Motions such as set parenting in cases with children, motions for default, and parenting-time modification motions require a Proposed a Parenting Plan to be filed and served with the motion or at latest 14 days before the motion hearing.
Motions to Set and Motions for Default in divorce cases with children and in cases where a modification of parenting time is requested must have a Proposed Parenting Plan filed and served on the adverse party along with the motion, or 14 days before the motion hearing, before the motion will be granted.
Document Type
Proposed Parenting Plan
Default judgments obtained by earlier service must include either copies of the publication clippings or a printer's affidavit confirming publication dates.
All Motions for Default, where service was obtained via publication, must have on file copies of the clippings reflecting the publication or an affidavit from the printer confirming the publication dates.
Document Type
Motion For Default
Interrogatory responses must include a notarized signature; failure to do so results in sanctions.
Failure to provide a notarized signature on interrogatory responses shall be sanctioned.
Document Type
Interrogatory Responses
Motions to compel discovery must detail good-faith written efforts to resolve disputes and identify the specific deficient responses.
All motions to compel discovery responses shall describe in detail the good-faith, written efforts made to resolve the matters alleged prior to filing the motion and must state with specificity the discovery responses that are alleged to be deficient
Document Type
Discovery Motion
TRO requests must be accompanied by an underlying petition or complaint; stand-alone TRO requests are not permitted.
All requests for Temporary Restraining Orders must be accompanied by an underlying petition or complaint (if one is not already pending). The Court does not adjudicate temporary restraining orders as a stand-alone action.
Document Type
Temporary Restraining Order Request
Ex parte requests must include a mandated Rule 65 affidavit and statement.
All ex parte requests must be accompanied by an affidavit in compliance with Tenn. R. Civ. P. 65.03 and a statement in compliance with Tenn. Code Ann. § 29-1-107.
Document Type
Ex Parte Request
When minor children exist, a signed and notarized Agreed Parenting Plan and Child Support Worksheet must be filed before the final hearing can be set.
If there are minor children of the marriage, a signed and notarized Agreed Parenting Plan and Child Support Worksheet have been filed with the Circuit Court Clerk.
Document Type
Agreed Parenting Plan And Child Support Worksheet
An Order to Set an ID Divorce must state the docket, whether appearance is waived, and that the statutory period has elapsed.
The Order to Set Irreconcilable Differences Divorces shall state the following: a) That the matter is being set on the Court’s Irreconcilable Differences Divorce Docket. b) Whether the matter is being set with an appearance waiver. The Order to Set Irreconcilable Differences Divorce with Appearance Waiver may be found here: https://circuitclerk.nashville.gov/wp-content/uploads/THIRD-CIRCUIT-ID-WAIVER-ORDER-TO-SET.pdf c) The Complaint has been pending for the requisite statutory period.
Document Type
Order To Set
When minor children exist, proof of both parents' parenting seminar attendance must be filed, unless an order waiving the seminar has been filed.
If there are minor children of the marriage, proof of parenting seminar attendance of both parties is filed with the Circuit Court Clerk, or an order to waive parenting seminar attendance has been filed with the Circuit Court Clerk.
Document Type
Proof Of Parenting Seminar Attendance
Every Irreconcilable Differences Divorce, including waivers, must be set for final hearing through an Order to Set.
All Irreconcilable Differences (ID) Divorces must be set for a final hearing date via an Order to Set. This is true even if appearance is being waived at the final hearing.
Document Type
Order To Set
Proof of mediation must be filed, or an order waiving mediation must be filed, before the final hearing can be set.
Proof of mediation has been filed with the Circuit Court Clerk or an order to waive mediation has been filed with the Circuit Court Clerk.
Document Type
Proof Of Mediation
A Notice of Insurance must be filed before an Irreconcilable Differences Divorce can be set for final hearing.
A Notice of Insurance has been filed with the Circuit Court Clerk.
Document Type
Notice Of Insurance
Before an Irreconcilable Differences Divorce can be set for final hearing, a signed and notarized Marital Dissolution Agreement must be filed, and if the defendant was not served, its last signature must be within six months of the hearing.
A signed and notarized Marital Dissolution Agreement has been filed with the Circuit Court Clerk. If there was no service on the defendant, the last date of signature must be within six (6) months of the final hearing date.
Document Type
Marital Dissolution Agreement
The Order to Set must include the Marital Dissolution Agreement date, parenting plan/child support date if applicable, the final hearing date/time, and a signature line for the Judge.
e) The date that a Marital Dissolution Agreement was signed by the parties and filed with the Circuit Court Clerk. f) If applicable, the date that the Agreed Parenting Plan and Child Support Worksheet were signed by both parties and filed with the Circuit Court Clerk. g) The date and time of the final hearing. h) A date and signature line for the Judge’s signature.
Document Type
Order To Set
To waive appearance at an ID Divorce final hearing, the petitioner must file an appearance-waiver affidavit using the required language set out in the linked form.
To waive appearance at the final hearing of an Irreconcilable Differences divorce, the party being granted the divorce must submit an affidavit that includes the language contained in the following form: https://circuitclerk.nashville.gov/wp-content/uploads/THIRD-CIRCUIT-ID-AFFIDAVIT.pdf
Document Type
Affidavit Of Appearance
Each party must deliver a confidential ex parte Judicial Settlement Conference Statement to the Special Master (not filed with the clerk) containing a settlement position summary, factors compelling or blocking settlement, and a candid assessment of case strengths and weaknesses.
At least 72 hours (three (3) business days) prior to the Judicial Settlement Conference, each party shall deliver a confidential ex parte Judicial Settlement Conference Statement directly to the Special Master. The statement shall be furnished only to the Special Master, not the other party, and shall NOT be filed with the Circuit Court Clerk. The Judicial Settlement Conference Statement shall include a summary of the party’s position for settlement, factors compelling or blocking settlement, and a candid assessment of the strengths and weaknesses of the case.
Document Type
Judicial Settlement Conference Statement
Appearance orders are required on all contempt petitions alleging irreparable harm, dire need, or an immediate hearing.
Appearance orders are required on all contempt petitions (civil or criminal) where, by verified pleadings, the petition is alleging irreparable harm, dire need, or an immediate hearing.
Document Type
Contempt Petition
Orders of Continuance must include a specific new hearing date and a certificate of service to all parties and attorneys.
All Orders of Continuance shall include the new hearing date. No Orders of Continuance will be approved or signed without a specific new hearing date included in the Order with a certificate of service to all parties and attorneys.
Document Type
Order Of Continuance
The Firearms Declaration must be filed even if the respondent owns no firearms, and firearms owners must include the name, address, and phone number of the person holding the firearms.
Even if the Respondent does not own or possess firearms, they must file this form. If the Respondent is a firearms owner, they must include the name, address, and telephone contact information of the person to whom they have transported the firearms for safe keeping while the OP is in effect.
Document Type
Firearms Declaration
Agreed orders of dismissal must state whether the case is dismissed with or without prejudice and must assess court costs.
Any Agreed Orders of Dismissal presented to the Court for approval shall include language as to whether the case is being dismissed with or without prejudice and shall assess court costs.
Document Type
Agreed Order Of Dismissal
Before filing any document prepared with generative AI, an attorney or self-represented party must confirm the accuracy of all quotations, citations, paraphrased assertions, and legal analysis.
An attorney or self-represented party must not file with the court any pleading, motion, brief, or other paper prepared using generative AI without first confirming its accuracy, including all quotations, citations, paraphrased assertions, and legal analysis.
Document Type
Filing Prepared With Generative Ai
Photographing, recording, or broadcasting court proceedings in any manner is strictly prohibited unless approved in advance by the Court.
Unless approved in advance by the Court, photographing, recording, or broadcasting court proceedings in any manner is strictly prohibited.
Document Type
Court Proceedings
Every motion for service by publication must be accompanied by an affidavit describing the diligent efforts made to locate and serve the defendant/respondent.
All motions for custody by publication must be accompanied by an motivating evidence stating that no adequate steps were made to locate or serve the defendant/respondent being served, and the description of how, in the county court, the adversary process was conducted.
Document Type
Motion For Service By Publication
For motions on the Resolved Motions page, no appearance is required and the movant may submit an Order as if granted, but the Order must reference the hearing date and must not be submitted or mailed to opposing counsel or the self-represented litigant before that date.
If a case is reflected on this page, no appearance is necessary, and an Order on the motion may be submitted as if the motion was heard and granted. The Order may not be submitted or mailed to opposing counsel or self-represented litigant prior to the date of the scheduled motion hearing and must reference the date of the hearing.
Document Type
Proposed Order
All pleadings must include a docket number, except initial pleadings not yet assigned one.
Docket Number. All pleadings must include a docket number. This shall not apply to initial pleadings that have not yet been assigned a docket number.
Document Type
Pleading
Every pleading must include a signature block stating the filer's name, attorney representation and BPR number, mailing address, telephone number, and email address.
All pleadings shall include a signature block for the attorney or self-represented litigant filing the pleading. The signature block shall include: a) Name of the person filing the pleading b) Party the attorney represents (if applicable) c) Board of Professional Responsibility (BPR) number (if an attorney) d) Mailing Address of the person filing the pleading e) Telephone number of the person filing the pleading f) Email address of the person filing the pleading.
Document Type
Pleading
Every pleading must include a title that clearly reflects its nature and substance.
Title of Pleading. All pleadings must include a title that is reflective of the nature of the pleading in a manner that is easy to ascertain the substance of the pleading.
Document Type
Pleading
All parentage orders must comply with the statutory requirements in Tenn. Code Ann. § 36-2-311.
All parentage orders must conform with statutory requirements in Tenn. Code Ann. § 36-2-311.
Document Type
Parentage Order
Divorce complaints must comply with the statutory requirements of Tenn. Code Ann. § 36-4-106.
All divorce complaints must conform with statutory requirements as set forth in Tenn. Code Ann. § 36-4-106.
Document Type
Divorce Complaint
Divorce complaints must additionally include date and place of separation, military status, children's names and ages, and a jurisdictional statement.
In addition to the statutory requirements for a divorce complaint set forth in Tenn. Code Ann. § 36-4-106, the Court requires the following to be included in all divorce complaints: a) Date of Separation of the Parties b) Place of Separation of the Parties (including city, county, and state) c) Whether each party is an active member of the military d) Names and Dates of Birth/Ages of the children (if applicable) e) Jurisdictional statement. A statement that the acts complained of were committed while the plaintiff was a bona fide resident of the State of Tennessee, or, if the acts complained of were committed outside the State of Tennessee and the plaintiff did not reside in the State of Tennessee at the time of the acts, a statement that the plaintiff or the defendant resided in the State of Tennessee six (6) months preceding the filing of the complaint.
Document Type
Divorce Complaint
All pleadings must keep the same caption order and spelling; any change to the style of the case requires a prior court order.
Style of the Case. The order and spelling of the names of the parties in the style of the case shall always remain the same regardless of the pleading that is filed. Any changes to the style of the case may only occur after an order approving the change is entered.
Document Type
Pleading
Except for pleadings served via summons, all pleadings must include a certificate of service stating the date of service.
With the exception of pleadings that are served via summons, all pleadings shall include a certification that the pleading has been served on the opposing party. The certification shall include: a) The date of service.
Document Type
Pleading
Motions regarding support must include the movant's sworn income and expense statement, and income documentation must be provided to the adverse party by 5 p.m. on the Monday before the hearing.
All motions to set support should include the movant’s sworn income and expense statement and income documentation must be provided to the adverse party by 5:00 p.m. on the Monday before the motion hearing.
Document Type
Motion To Set Support
Every motion must identify the underlying Complaint or Petition that is pending.
All Motions shall state the underlying Complaint or Petition that is pending.
Document Type
Motion
All motions must attach or incorporate the factual material relied upon, such as affidavits, deposition excerpts, discovery responses, proposed parenting schedules, and scheduling orders.'
All motions shall include relevant affidavits, deposition excerpts, discovery responses, proposed temporary parenting schedules, proposed scheduling orders, or any other factual material which the moving party relies for the relief requested.
Document Type
Motion
Once the motion must state the basis for the motion, why the movant is entitled to relief, and the specific relief requested.
All motions shall include adequate information for the basis of the motion, why the movant is entitled to relief, and the specific relief requested.
Document Type
Motion
All scheduling-order motions, including extensions, must include a proposed scheduling order.
All Motions for Scheduling Orders, including the extension of a scheduling order, must include a proposed scheduling order.
Document Type
Motion For Scheduling Order
Motions to compel discovery must detail good-faith written efforts to resolve the dispute and must specify the allegedly deficient discovery responses.
All Motions to Compel Discovery responses shall describe in detail the good-faith and written efforts made to resolve the matters alleged prior to filing the Motion and must state with specificity the discovery responses that are alleged to be deficient.
Document Type
Motion To Compel
Motions raising a question of law must include legal analysis and argument in a separate memorandum of law or brief.
If the issue raised by the motion raises a question of law, legal analysis and argument shall be provided in the motion by separate memorandum of law or a brief.
Document Type
Motion
Parties should prepare for the Judicial Settlement Conference as for trial, completing discovery and having specified financial, income, and evidentiary documentation on hand.
Attorneys and self-represented litigants should prepare for the Judicial Settlement Conference as you would for trial. All discovery should be completed and supplemented and all necessary documentation and information should be on hand at the conference to support your position. This includes but is not limited to the following documentation: a) Joint asset and liability statement; b) Statement showing present value of defined benefit plan (i.e. pension); c) Current appraisal for any real property at issue; d) Documentation supporting valuation of assets if applicable; e) Current statements evidencing debt incurred during the marriage; f) Health insurance information g) Current documentation of income including but not limited: to last four (4) pay stubs, last two (2) years of W-2’s, last two (2) years of Federal Income Tax returns, and any other applicable income documentation; h) Current income and expense statement; j) Any expert reports; k) Any other evidence you intend to rely on at a trial in this case.
Document Type
Settlement Conference Preparation Documents
In civil contempt cases, an appearance order is not appropriate if discovery is needed; such matters are set by motion after discovery is complete.
In the case of a civil contempt, an Appearance Order is not appropriate if discovery is necessary to prepare for the hearing. Such matters shall be set by motion when discovery is complete.
Document Type
Appearance Order
Attorneys and self-represented litigants must bring an appropriate number of copies of proposed exhibits to court.
Attorneys and self-represented litigants must bring an appropriate number of copies of proposed exhibits to court with them.
Document Type
Exhibits
The continuance order must state the reason for the continuance.
The reason for the continuance shall be contained in the order.
Document Type
Continuance Order
Any continued case must be continued to a date certain.
If a case is continued, it must be continued to a date certain.
Document Type
Continuance Order
A signer of a court filing is responsible for its contents even if any part of the filing was drafted by generative AI.
Anyone who signs a pleading, motion, brief, or other paper filed with the court is responsible for the contents of the filing, even if a generative AI program drafted any part of the filing.
Document Type
Signed Filing
Copies of recordings are work product and will not be provided absent extenuating circumstances and good cause; any request for copies must be made by motion.
Recordings are made for security purposes and are considered work product of the Court. Copies of recordings will not be provided to litigants or attorneys absent extenuating circumstances and for good cause shown. Any request for copies of recordings shall be made by Motion.
Document Type
Motion
Recordings made by courtroom equipment are not the official record of proceedings and may not be used as the official record on appeal.
Recordings made of proceedings in Third Circuit Court by the courtroom equipment are not the official record of proceedings and may not be used as the official record on appeal.
Document Type
Record On Appeal
If a motion hearing is expected to exceed 30 minutes, the moving party must say so in the motion and state the anticipated length of the hearing.
If it is expected that a hearing on a motion may exceed 30 minutes, please specify the same in the motion, along with the anticipated amount of time it will take to conduct the hearing.
Document Type
Motion
An attorney's or party's signature on a juvenile court appeal constitutes a Rule 11 certificate.
The signature of an attorney or party to an appeal from Juvenile Court shall constitute a certificate under Tenn. R. Civ. P. 11.
Document Type
Juvenile Court Appeal
Filing & Service rules
Filing Timing and Cure Windows
All pretrial motions must be filed and scheduled for hearing by the Court's last regular motion docket before trial.
All pretrial motions must be filed and scheduled for hearing no later than the Court’s last regular motion docket before the scheduled trial date.
Page 11 | MOTIONS
Responses to opposed motions are optional but encouraged; any response must be filed by noon on the Tuesday before the proposed ruling's hearing.
If a motion is opposed, a written response is encouraged, but not required. Any responses filed must be filed by 12:00 p.m. on the Tuesday before the motion hearing.
Page 11 | MOTIONS
Pretrial motions, except summary judgment motions, must be filed at least 14 calendar days before the motion hearing, including weekends and holidays.
All pretrial motions, other than motions for summary judgment, must be filed and served on the opposing party with all supporting material, including without limitation, all declarations, excerpts from preferential, discovery responses, proposed temporary parenting schedules, and all other factual material in which the moving party relies, at least 14 days (including weekends and holidays) before the motion hearing.
Page 11 | MOTIONS
Reply briefs are optional, but if one is filed it must be submitted by noon on the Wednesday before the motion hearing.
Replies to responses are not required. Any reply must be filed by 12:00 p.m. on the Wednesday before the motion hearing.
Page 11 | MOTIONS
A Final Decree of Divorce must be filed before the hearing date when appearance is waived.
If waiving appearance, a Final Decree of Divorce must be submitted prior to the further hearing.
Page 18 | XI. IRRECONCILABLE DIFFERENCES DIVORCES
Proof of service must be obtained at least 11 days before the final hearing, unless an Agreed Order and earlier date are approved by the Court.
i) Proof of service at least 11 days prior to the final hearing date with the exception of the certified Court-approved earlier date.
Page 18 | XI. IRRECONCILABLE DIFFERENCES DIVORCES
Default judgment matters must be set by an order filed no earlier than 14 days, including weekends and holidays, before the hearing date.
Matters that are being conducted based on a default with the clerk shall be set by an order filed no earlier than 14 days (including weekends and holidays) prior to the hearing date.
Page 18 | XII. DEFAULT DIVORCES
Judicial Settlement Conference Statements must be delivered to the Special Master at least 72 hours (three business days) before the conference.
At least 72 hours (three (3) business days) prior to the Judicial Settlement Conference, each party shall deliver a confidential ex parte Judicial Settlement Conference Statement directly to the Special Master.
Page 21 | C. Pre-Conference Procedures
Appellant has 45 days from filing of the juvenile court appeal to secure a trial date; failure results in the juvenile court judgment becoming the Circuit Court judgment with costs to the appellant.
Once the case being appealed is received and filed with the Circuit Court Clerk, the appellant has the duty to set the appeal for a hearing before a trial judge. The appellant has 45 days to secure a trial date from the Court. This time is counted from the date the Circuit Court Clerk files the appeal. If the appellant fails to secure this order within the 45-day time period, an order will be entered making the judgment of the Juvenile Court the judgment of the Circuit Court with costs taxed to the appellant. At the time the appeal is perfected in the Circuit Court Clerk’s office, the clerk shall give the appellant —or the appellant’s attorney—written notice of this rule.
Page 23 | JUVENILE COURT APPEALS
Respondent must file a Firearms Declaration with the Circuit Court Clerk within 48 hours of issuance of an Order of Protection.
If an Order of Protection is granted against the Respondent, they must file a Firearms Declaration with the Circuit Court Clerk’s office within 48 hours of its issuance.
Page 27 | Orders of Protection
The non-movant must provide a sworn income and expense statement with supporting documentation to the movant by 12:00 p.m. on the Thursday before the motion hearing; the timeline may be waived by agreement.
The non-movant shall provide along with a sworn income and expense statement, and documentation supporting their income, to the movant by 12:00 p.m. on the Thursday before the motion hearing.
The movant must provide a sworn income and expense statement with supporting documentation to the adverse party by 5:00 p.m. on the Monday before the motion hearing; the timeline may be waived by agreement.
The movant’s sworn income and expense statement, along with documentation supporting their income, must be provided to the adverse party by 5:00 p.m. on the Monday before the motion hearing.
Motions, including motions in limine, will not be heard on the day of trial.
No motions, including motions in limine, will be heard on the day of trial.
Page 11 | MOTIONS
Summary judgment motions follow Tennessee Rules of Civil Procedure and must be specially set by contacting the Judicial Assistant; they will not be heard on the regular Friday motion docket.
Motions for summary judgment and responses and replies to the same are governed by the Tennessee Rules of Civil Procedure, unless otherwise ordered by the Court. Motions for Summary Judgement will not be heard on the Court’s regular Friday Motion Dockets and should be specially set by contacting the Court’s Judicial Assistant.
Page 11 | MOTIONS
The Final Motion Docket assigning each motion to a specific time block is published by noon the Tuesday before the Motion Docket; motions are initially noticed for 9 a.m.
While all motions are noticed for a 9:00 a.m. docket call, a Final Motion Docket that assigns motions to specific time blocks is published by the Circuit Court Clerk’s website by 12:00 p.m. on the Tuesday before the Motion Docket.
Page 12 | C. ASSIGNED HEARING TIMES FOR MOTIONS
Either party may file a Notice of Rehearing within five days of the Special Master's ruling to obtain a de novo hearing before the assigned Circuit Court judge.
Either party has a right to file a Notice of Rehearing within five (5) days of the Special Master’s ruling to secure a de novo hearing before Judge Bethany Peery Glandorf for Third Circuit cases and before Judge Stephanie J. Williams for Fourth Circuit cases.
Page 30 | Contested Matters
TRO amici requests filed by 2:00 p.m. on a court day will be addressed before the close of business that same day.
Requests for TemporaryResidual Transresting Orders filed by 2:00 p.m. on a day the Court is open, will be addressed before the legal matters on the day of filing.
Page 16 | TEMPORARY RESTRAINING ORDERS, INJUNCTIONS, AND EX PARTE RELIEF
Service and Proof of Service Rules
Pretrial motions, except summary judgment motions, must be served on the opposing party with all supporting material at least 14 days before the hearing.
All pretrial motions, other than motions for summary judgment, must be filed and served on the opposing party with all supporting material, including all of the documentary evidence of the motion to the contrary, including without limitation, all affidavits, deposition excerpts, discovery responses, proposed temporary parenting schedules, and all other factual material in which the moving party relies, at least 14 days (including weekends and holidays) before the motion hearing.
Page 11 | MOTIONS
The movant must provide income documentation and a sworn income/expense statement to the adverse party by 5 p.m. the Monday before the support motion hearing.
All motions to set support should include the movant’s sworn income and expense statement and income documentation must be provided to the adverse party by 5:00 p.m. on the Monday before the motion hearing.
Page 11 | MOTIONS
The non-movant must provide a sworn income/expense statement and income documentation to the movant by 12 p.m. on the Thursday before the support motion hearing.
The non-movant shall provide a sworn income and expense statement and income documentation to the adverse party by 12:00 p.m. on the Thursday before the motion hearing.
Page 11 | MOTIONS
Contempt proceedings require proof of summons service filed with the Circuit Court Clerk at least five business days before the hearing.
Contempt proceedings will only be heard if the summons verifying service has been effectuated and filed with the Circuit Court Clerk at least five (5) business days before the hearing.
Page 23 | CONTEMPT MATTERS
Both parties must submit their sworn income/expense statements and income documentation to the Court at the support motion hearing.
Both parties must provide their respective sworn income and expense statements and income documentation to the Court at the time of the motion hearing.
Page 11 | MOTIONS
The Proposed Parenting Plan may be served by mailing it to the adverse party's last known address, and the mailing must be reflected in a certificate of service on the Plan.
Service may be effectuated by mailing a copy of the Proposed Parenting Plan to the adverse party at their last known address. The same should be reflected in a certificate of service on the Proposed Parenting Plan.
Page 12 | B. CONTENTS OF MOTIONS
Both parties must bring sworn income and expense statements supporting each party's income, to the Court at the time of the motion hearing.
Both parties must provide sworn income and expense statements to the Court at the time of the motion hearing, along with documentation supporting their respective incomes.
An Order for a resolved motion may not be submitted or mailed to the adverse party before the scheduled hearing date.
The Order may not be submitted or mailed to opposing counsel or self-represented litigant prior to the date of the scheduled motion hearing and must reference the date of the hearing.
Courtesy Copy Requirements
A filed reply must be accompanied by a PDF courtesy copy emailed to the Judicial Assistant at the time of filing.
Any reply must be filed by 12:00 p.m. on the Wednesday before the motion hearing AND a PDF courtesy copy shall be emailed to the Judicial Assistant at such time the reply is filed.
Page 11 | MOTIONS
A filed opposition response must be accompanied by a PDF courtesy copy emailed to the Judicial Assistant at the time of filing.
If a motion is opposed, a written response is encouraged, but not required. Any responses filed must be filed by 12:00 p.m. on the Tuesday before the motion hearing AND a PDF courtesy copy shall be emailed to the Judicial Assistant at such time the response is filed.
Page 11 | MOTIONS
A courtesy copy of any emergency or ex parte request must be emailed to the Court’s Judicial Assistant and/or Courtroom Clerk when it is filed.
Upon filing of any request for emergency or ex parte relief, please call chambers at: 615-862-5907 AND email a courtesy copy to the Court’s Judicial Assistant and/or Courtroom Clerk to ensure timely and prompt attention to the request.
Page 16 | TEMPORARY RESTRAINING ORDERS, INJUNCTIONS, AND EX PARTE RELIEF
Pre-Motion Conference Requirements
A Motion for Default must be filed and granted before securing a final hearing date, and the final hearing cannot be combined with the default motion.
A Motion for Default must be filed and granted before obtaining a final hearing date in a default divorce proceeding. The Court does not conduct a final hearing on a default divorce in tandem with the Motion for Default.
Page 18 | XII. DEFAULT DIVORCES
Adjournment & Extension Requirements
Continuance request correspondence must state the basis for the request and all communications with opposing counsel about the request.
The correspondence shall contain the basis for the request for the continuance and set forth all communication with opposing counsel regarding the request for continuance.
Page 25 | CONTINUANCES
Contested cases and judicial settlement conferences may be continued only upon a showing of good cause through a motion and affidavit.
Contested cases and judicial settlement conferences will only be continued upon a showing of good cause accompanied by motion and affidavit.
Page 25 | CONTINUANCES
A local witness's absence does not justify a continuance unless the subpoena was issued and dated at least 10 days before trial (Local Rule 28.02).
Absence of a witness will not be a cause for continuance unless the subpoena has been issued and dated 10 days prior to a trial for a local witness and 14 days for an out-of-county witness, pursuant to Local Rule 28.02.
Page 25 | CONTINUANCES
Parties may not stipulate to a continuance without Court permission; the Court routinely grants continuances of motions, Show Cause hearings, and most contempt hearings, especially on first settings.
Parties may not agree to a continuance without Court permission, but the Court will routinely grant continuances of motions, Show Cause hearings, and most contempt hearings (especially on first settings).
Page 25 | CONTINUANCES
Discovery or trial-preparation failures are not grounds for a continuance when the case was set by agreement or by unopposed motion.
When a case is set by agreement or set upon motion without objection, failure to have completed discovery, inability to take a deposition or failure to have completed any other trial preparation will not be a cause for a continuance.
Page 25 | CONTINUANCES
Matters set by agreement are continued only for good cause, while matters set by the Court without attorney input or set unilaterally by opposing attorneys are liberally continued.
If the matter in question was set by agreement, the matter will be continued only for good cause. If the matter requested was set by the Court without input from attorneys for the parties (i.e., a Show Cause Order) or if the matter was set unilaterally by attorneys opposing the continuance (i.e., a motion hearing), the Court will be inclined to liberally grant the continuance.
Page 25 | CONTINUANCES
Agreements to continue an OP matter must be presented to and approved by the Court before or at the initial hearing; all parties must be present for continuance requests unless the Court approves otherwise.
Any agreement to continue the matter between parties and/or their attorneys must be presented to and approved by the Court prior to or at the initial hearing date. All parties are to be present in court for any continuance requests unless approved by the Court prior to the hearing date.
Page 27 | D. Order of Protection Hearings
The Court may continue an OP hearing and extend an ex parte order for good cause; petitioner continuance requests require good cause.
At the initial hearing, the Court, for good cause shown, may continue the matter to a later date and extend any ex parte order beyond the 15 day period. Continuance requests by the petitioner will not be granted absent good cause.
Page 27 | D. Order of Protection Hearings
Continuances of motions should be to a specific date, and indefinite continuances are not preferred and require the Court's permission.
Continuances of motions should be set at a date to be determined or maintained, and not for a future date. Continuances of a motion are not considered advisable and will be allowed only by the permission of the specific motion.
First-time continuation or continuance requests are liberally granted.
First time continuance requests are liberally granted.
Page 11 | MOTIONS
Chambers Communication Rules
Discussing the merits of a pending case with court staff is strictly prohibited unless otherwise allowed by the Chamber Rules.
Unless otherwise allowed in these Chamber Rules, discussing the merits of a pending case with a staff member is strictly prohibited.
Page 5 | CORRESPONDENCE WITH THE COURT
Upon filing any emergency or ex parte relief request, parties must call chambers at 615-862-5907 and email a courtesy copy to the Judicial Assistant and/or Courtroom Clerk.
Upon filing of any request for emergency or ex parte relief, please call chambers at: 615-862-5907 AND email a courtesy copy to the Court’s Judicial Assistant and/or Courtroom Clerk to ensure timely and prompt attention to the request.
Page 16 | TEMPERARY RESTRAINING ORDERS, INJUNCTIONS, AND EX PARTE RELIEF
Final hearing dates for ID divorces are obtained by calling Third Circuit chambers at 615-862-5907, and the date must follow the 11-day rule unless the Court approves otherwise by Agreed Order.
Before filing an Order to Set, a date for a final hearing must be requested and approved. A request to set an ID Divorce for a final hearing may be made by calling the chambers of the Third Circuit Court at: 615-862- 5907 and speaking with a staff member. Unless there is permission from the Court and an Agreed Order, the date provided via phone must follow the 11-day rule.
Page 17 | XI. IRRECONCILABLE DIFFERENCES DIVORCES
Opposed continuance requests must be submitted by email to the Court's Judicial Assistant and/or Courtroom Clerk, copying opposing counsel or the pro se party.
All requests for continuances which are opposed shall be made by written correspondence to the Court’s Judicial Assistant and/or Courtroom Clerk via email with the opposing counsel or pro se party included on the email request.
Page 25 | CONTINUANCES
The Court should be notified in advance if an attorney or party will be late.
possible, the Court should be notified in advance if the attorney for a party or a party will be late.
Page 6 | COURTROOM DECORUM
Counsel and self-represented parties must contact Chambers by phone (615-862-5907) or emails to the Judicial Assistant and Courtroom Clerk to report docket announcements (continuances, agreed orders, strikes), even when an Agreed Order or notice has already been filed, because the Court does not receive those notices.
Please remember: call chambers at: 615-862-5907 or email the Court’s Judicial Assistant (staceybaird@jisnashville.gov) and Courtroom Clerk (catherinetjackson@jisnashville.gov) to provide information on docket announcements (e.g., continuance, agreed order, strike, etc.)
The Court must be notified by phone or email about docket announcements even if a notice or Agreed Order is filed at the Court, because the Court does not automatically receive these notices.
Please contact your Chambers attorney by phone for each of these announcements (e.g., continuance, continuation, agreed order, strike, etc.). This should be done even if a notice or Agreed Order has been filed, as that the Court will not receive these notices do not arrive.
Non-substantive matters (general direction, scheduling, administration, procedure, or assistance) may be communicated by email to court staff.
Matters that are not substantive and request general direction, scheduling, administration, procedure, or general assistance from court staff may be communicated via written email correspondence to a staff member of the Court or a telephone call to the Court’s staff.
Page 5 | CORRESPONDENCE WITH THE COURT
Email to court staff is permitted for substantive case matters when timing prevents formal communication, provided opposing counsel (or self-represented party) is copied.
When timing does not allow for communication with the Court in a formal pleading, notice memoranda, or in open court, communication with the Court regarding a substantive or fact specific matter of a case, including a matter to be considered by the Judge outside of a formal hearing, may take place via email to the appropriate staff person with opposing counsel copied (or opposing party if a self-represented litigant).
Page 5 | CORRESPONDENCE WITH THE COURT
The Court prefers that all matters be communicated through formal pleadings, notices, or memoranda (with the adverse party copied) or in open court.
It is the preference of the Court that all matters be communicated to the Court in pleadings, notices, and memoranda, with the adverse party copied accordingly, or in open court.
Page 5 | CORRESPONDENCE WITH THE COURT
In order-of-protection cases, contact the OP Clerk by phone for hearing questions or anticipated lateness; the clerk's office number is 615-862-5181.
Please contact OP Clerk for any questions regarding your hearing or if you anticipate that you will be late to court. The Circuit Court Clerk’s Office telephone number is 615-862-5181.
Page 29 | Contacting the Court Regarding Orders of Protection