Court Rules

Court-wide rules

Applies court-wide

These 164 rules apply across Circuit Court for Davidson County, Tennessee. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 66
  • Applies to
    Order
    Must include
    case number

    When a divorce is filed after an Order of Protection, an Order containing both the Order of Protection and Divorce case numbers must be submitted to extend the Order of Protection by operation of law until the divorce modifies or dissolves it.

  • Applies to
    Order

    A separate Order must be submitted on the Order of Protection case when the divorce action concludes or modifies or dissolves the Order of Protection.

  • Applies to
    Motion to approve sales contract

    When court approval is required, the fiduciary must file and serve a motion to approve the sales contract and give notice to all interested parties.

Filing Timing

All 36
  • The fiduciary cannot close the real property sale until the court approves the sales contract.

  • The Clerk must issue a subpoena even when it is requested after the Rule 28 deadlines.

  • Deadline
    30 calendar days

    After a civil case is final, parties have 30 calendar days to retrieve paper-format trial exhibits and discovery materials before the Clerk may destroy them.

Service

All 29
  • Deadline
    7 calendar days
    Service
    Other to opposing party

    Proposed orders must be served on opposing counsel within 7 calendar days of the court's ruling.

  • Service
    Personal service

    Service of process in probate matters must be effected by serving a petition and summons under Tenn. R. Civ. P. 4.

  • Service
    Other

    Notice to Interested Parties in probate matters may be given by mail, fax, e-service, email, or hand delivery.

E-Filing

All 9
  • Digital signatures in any form other than the original signature format are prohibited, and the Clerk will refuse to file any non-compliant document.

  • Applies to
    Discovery material

    Discovery material should not be filed with the Clerk unless the court is asked to consider it.

  • Applies to
    Subpoena

    In Circuit Court, one electronic copy of the subpoena must be submitted to the Clerk for issuance.

About Judge Joe Binkley Jr.

Joe Binkley Jr. is a judge on the Circuit Court for Davidson County, Tennessee, which serves Nashville and Davidson County. The court handles matters as provided by Tennessee law.

Judge Binkley's published procedures are available in the document JUDGE-JOE-BINKLEY-2020.pdf.

Common questions about Judge Joe Binkley Jr.'s rules

What must be included with motion for expedited hearing filings before Judge Joe Binkley Jr.?

The rule requires proposed order. Expedited hearing requires filing a motion for expedited hearing with the underlying motion and a proposed order with the hearing date left blank.

View ruleSource: page 2, section III. Pretrial Matters - A. Pretrial Motions

What must be included with documentary evidence filings before Judge Joe Binkley Jr.?

The rule identifies required filing content or certificates. Counsel admitting documentary evidence for the jury to read must provide enough copies for each juror plus one copy for the Court.

View ruleSource: page 4, section IV. Trial Procedure

How may parties contact Judge Joe Binkley Jr.'s chambers?

Discovery disputes are generally not resolved by telephone; parties must file the appropriate motion.

View ruleSource: page 2, section II. Preliminary General Matters - C. Telephone Conferences with the Court

When is a filing treated as filed before Judge Joe Binkley Jr.?

The rule addresses filing timing, filing status, or cure windows. Late responses to motions are generally not considered unless the parties agree and notify the Court of the agreement in advance.

View ruleSource: page 3, section III. Pretrial Matters
Complete rules summary for Judge Joe Binkley Jr.

Late responses to motions are generally not considered unless the parties agree and notify the Court of the agreement in advance.

Trial dates are obtained from the Assignment Clerk; all other scheduling is handled by Judge Binkley's Judicial Assistant.

Judge Binkley prefers communication via formal filings; letters sent to the Court are placed in the case file.

Status and pre-trial conferences may be conducted by telephone for out-of-town counsel or when in-person presence is not feasible.

Discovery disputes are generally not resolved by telephone; parties must file the appropriate motion.

Emergency motions may be conducted by telephone when necessary or appropriate.

Expedited hearing requires filing a motion for expedited hearing with the underlying motion and a proposed order with the hearing date left blank.

An order granting a motion on the no response docket should be filed within seven days of the motion hearing date.

To schedule a judicial settlement conference, contact the Special Master's Office at 880-2555.

Counsel admitting documentary evidence for the jury to read must provide enough copies for each juror plus one copy for the Court.

Counsel or parties must notify the Court as soon as possible if they expect to be late; a movant who fails to appear at a Friday morning civil motion call without notice may have the motion stricken, and a non-movant who fails to appear may have the motion granted.

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