Circuit Court for Davidson County, Tennessee Document Filing Requirements

Applies to

Proposed parenting plan

Must include

certificate of service

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.

Applies to

Motion for default

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.

Applies to

Proposed order

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.

Applies to

Motion for service by publication

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.

Applies to

Discovery motion

Must include

certificate of conference

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

Applies to

Interrogatory responses

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.

Applies to

Temporary restraining order request

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.

Applies to

Ex parte 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.

Applies to

Marital dissolution agreement

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.

Applies to

Agreed parenting plan and child support worksheet

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.

Applies to

Notice of insurance

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.

Applies to

Proof of parenting seminar attendance

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.

Applies to

Proof of mediation

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.

Applies to

Order to set

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.

Applies to

Order to set

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.

Applies to

Order to set

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.

Applies to

Affidavit of appearance

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

Applies to

Judicial settlement conference statement

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.

Applies to

Contempt petition

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.

Applies to

Firearms declaration

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.

Applies to

Order of continuance

Must include

certificate of service

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.

Applies to

Agreed order of dismissal

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.

Applies to

Filing prepared with generative ai

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.

Applies to

Court proceedings

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.

Applies to

Motion for expedited hearing

Must include

proposed order

To expedite a motion without party agreement, the moving party must file a Motion for Expedited Hearing attaching the underlying motion, E-file a proposed order with a blank date, and explain why Local Rule § 26.03(a) or (b) should be waived.

To schedule a motion on an expedited basis without the agreement of the parties, the moving party must file a Motion for an Expedited Hearing and attach the underlying motion. The party shall also E-file a Proposed Order granting the Motion for Expedited Hearing, leaving the date blank for the Court to complete. The Motion for Expedited Hearing should explain why Local Rule § 26.03(a) or (b) should be waived.

Applies to

Final judgment

Final judgments must include language taxing court costs, and the Clerk may refuse entry of proposed final judgments or settlement orders until that language is added and court costs are paid.

All final judgments must contain language taxing court costs as designated by the parties involved in the case. The Clerk may refuse to enter any proposed final judgments or compromise and settlement orders until such language is added and court costs are paid.

Applies to

Proposed order

Must include

proposed order

After the hearing date is confirmed, the requesting party must E-file a General (Proposed) Order setting the hearing.

Once the date has been confirmed with the Court, the requesting party shall E-file a General (Proposed) Order setting the hearing.

Applies to

Divorce complaint

Divorce complaints must conform to the statutory requirements of T.C.A. §36-4-106.

All divorce complaints must conform with statutory requirements as set forth in T.C.A. §36-4-106.

Applies to

Divorce complaint

Divorce complaints must include date and place of separation, military status, children's ages, and a Tennessee residency jurisdictional statement.

In addition to the statutory requirements for a divorce complaint set forth in T.C.A. §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. 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

Applies to

Pleadings

Must include

certificate of service

All pleadings (except those served via summons) must include a certificate of service stating the date, method, address/fax/email of service, and signature.

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 b. The method of service c. The address, fax number, or email address where the pleading was served d. Signature of the attorney or self-represented litigant serving the pleading

Applies to

Proposed order

Must include

proposed order

All proposed orders must include a descriptive title, an opening paragraph with hearing details, relevant findings, clear order language, and a date/signature line for the Judge.

All proposed orders shall include the following: a. The title of the order which reflects the nature of the order (e.g., Order on Motion for Pendente Lite Support, Order for Default Judgment and to Set, Order to Set Final Contested Hearing, Order to Waive Parenting Seminar and Mediation, Order on Motion to Compel Mediation, etc.) Under no circumstance should the order just be titled "Order." b. An opening paragraph which states the following: i. Pleading(s) that was addressed in the hearing. ii. The date the pleading was filed. iii. The date of the hearing. iv. The attorneys and parties who were present at the hearing. v. The name of the Judge or Special Master that heard the matter. c. Relevant findings of the Court. d. Clear language reflecting the Court's orders from the hearing. Do not add to the Court's ruling. e. A date and signature line for the Judge.

Applies to

Motion

All motions must state the underlying complaint or petition that is pending.

All Motions shall state the underlying Complaint or Petition that is pending.

Applies to

Motion

All motions must include 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.

Applies to

Motion

All motions must include relevant affidavits, deposition excerpts, discovery responses, proposed temporary parenting schedules, proposed scheduling orders, or other factual material relied upon.

All motions shall include relevant affidavits, deposition excerpts, discovery responses, proposed temporary parenting schedules, proposed scheduling orders, or all other factual material in which the moving party relies for the relief requested.

Applies to

Motion to set support

In motions to set support, sworn income and expense statements must be exchanged by specified deadlines before the hearing and provided to the Court at the hearing.

In all motions to set support, 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. The non-movant shall provide a sworn income and expense statement and income documentation to the movant by 12:00 p.m. on the Thursday before the 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.

Applies to

Motion

Motions raising questions 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.

Applies to

Motion to set or default

Must include

certificate of service

Motions to Set and Motions for Default in divorce cases with children or parenting time modifications must include a filed and served Proposed Parenting Plan, with service reflected in a certificate of service.

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. 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.

Applies to

Motion for scheduling order

All motions for scheduling orders must include a proposed scheduling order.

All Motions for Scheduling Orders, including the extension of a scheduling order, must include a proposed scheduling order.

Applies to

Motion to compel

Motions to compel discovery must describe in detail the good-faith written efforts made to resolve the matter before filing.

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 deficient.

Applies to

Motion for default

Motions for default where service was by publication must include copies of publication clippings or an affidavit from the printer 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.

Applies to

Motion

All motions must include specific language about the hearing date, time, and the Final Motion Docket.

All motions shall include the following language: THIS MOTION IS EXPECTED TO BE HEARD ON ________________ (insert date), AT 9:00 A.M. THE COURT MAY SET A DIFFERENT HEARING TIME AT ITS DISCRETION. ALL HEARING TIMES WILL BE POSTED ON THE FINAL MOTION DOCKET, BY 12:00 P.M., ON THE TUESDAY IMMEDIATELY PRECEDING THE MOTION DATE. PLEASE REFER TO THE FINAL MOTION DOCKET LOCATED ON THE CIRCUIT COURT CLERK'S WEBSITE https://circuitclerk.nashville.gov/dockets/ TO CONFIRM THE HEARING TIME.

Applies to

Motion

Motions expected to take over 30 minutes must state that and the anticipated hearing duration.

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.

Applies to

Motion

Motions requesting support require sworn income and expense statements, which must be provided to the Court at the hearing.

Sworn income and expense statements are required for motions requesting support and will generally serve as testimony as to need and ability to pay. 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. The non-movant shall provide a sworn income and expense statement, along with documentation supporting their income, to the movant by 12:00 p.m. on the Thursday before the motion hearing. These timelines may be waived by agreement. 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.

Applies to

Discovery motion

Motions to compel must describe good-faith efforts to resolve disputes and specify 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.

Applies to

Temporary restraining order

TRO requests must include an underlying petition or complaint unless one is already pending.

All requests for Temporary Restraining Orders must be accompanied by an underlying petition or complaint (if one is not already pending).

Applies to

Proposed order

Proposed TROs must include a line for date/time of entry and a judge signature line.

All proposed Temporary Restraining Orders shall include a line for the date and time of entry and a signature line for the Judge.

Applies to

Temporary restraining order

TRO requests must include a proposed Order to Appear and Show Cause.

All matters requesting a Temporary Restraining Order shall include a proposed Order to Appear and Show Cause.

Applies to

Tro application

TRO applications must include verified facts, state it is the first application, and include a notice affidavit with certification.

Rule 65.03: Facts Needed—Present or imminent circumstances that will result in immediate and irreparable harm before notice can be served and a hearing held under certain conditions as specified above—TRCP 65.03(1) Facts Must Be Sworn To—The filing of a verified complaint or application supported by affidavits—TRCP 65.03(1) Must State It Is The First Application for Such Relief—T.C.A. § 29-1-107 Notice Affidavit—Include Verification in Complaint and Separate Certification on Notice—"[S]pecific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury . . . will result to applicant before the adverse party can be heard in opposition" AND certification in writing "that efforts were made to give notice and the reasons why it should not be required. T.R.C.P. 65.03(1)."

Applies to

Status conference order

Status conference orders must include follow-up conference dates.

Follow-up conference dates must be included in the status conference order.

Applies to

Order to set

All Irreconcilable Differences divorces must be set for final hearing via an Order to Set, even if appearance is waived.

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.

Applies to

Order to set

The Order to Set for an Irreconcilable Differences divorce must include specific information such as filing dates, agreement dates, hearing date, and proof of service.

C. THE ORDER TO SET IRRECONCILABLE DIFFERENCES DIVORCES SHALL STATE THE FOLLOWING: 1. That the matter is being set on the Court’s Irreconcilable Differences Divorce Docket. 2. The date the Complaint for Divorce was filed with the Circuit Court Clerk. 3. The Complaint has been pending for the requisite statutory period. 4. The date the Notice of Insurance was filed with the Circuit Court Clerk. 5. The date that a Marital Dissolution Agreement was signed by the parties and filed with the Circuit Court Clerk. 6. 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. 7. The date and time of the final hearing. 8. A date and signature line for the Judge’s signature. 9. Proof of service at least 11 days prior to the final hearing date, unless it is an Agreed Order and an earlier date has been approved by the Court.

Applies to

Affidavit waiving appearance

To waive appearance at an ID divorce final hearing, a party must submit an affidavit using the specified form language.

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: Fourth Circuit Court Affidavit to Waive Appearance at Final ID Divorce Hearing.

Applies to

Final decree of divorce

If waiving appearance, the Final Decree of Divorce must be submitted before the hearing date.

If waiving appearance, a Final Decree of Divorce must be submitted prior to the hearing date.

Applies to

Motion to set

A motion to set must be filed for all contested matters and must contain specified information including nature of litigation, dates, service details, and expected hearing time.

For any and all contested matters, a motion to set requesting permission to obtain a court date on the contested docket must be filed. Said motion shall contain the following information: a. Nature of litigation (e.g., divorce, post-divorce modification, petition for contempt, child support modification, juvenile court appeal, adoption, etc.) b. Date the pending matter was initiated c. Date and manner of service (e.g., personal service, publication, certified mail, etc.) d. Date of filing of any and all responsive pleadings and any other pleadings that are at issue e. Date mediation report was filed (if applicable) f. Date parenting seminar certificate was filed (if applicable) g. Date Notice of Insurance was filed by each party (if applicable) h. Date proposed Parenting Plan was filed by each party (if applicable) i. Date Certificate of Readiness (COR) was filed and signed by both parties or their respective attorney (if represented). If only one party has executed the COR, a statement as to why it is not executed by both parties j. A statement that all pleadings have been properly served and appropriate responses filed and that all discovery has been completed k. The amount of time expected for the final hearing

Applies to

Pretrial filing

Each party must file specified pretrial documents 72 hours (excluding weekends and holidays) before the scheduled contested hearing.

The following documents must be filed by each party 72 hours (excluding weekends and holidays) prior to the scheduled contested hearing: 1. Statement of contested issues 2. Joint Asset and liability statement reflecting the parties' proposed disposition of each item of marital property and allocation of each marital debt (only 1 needs to be filed by either party) 3. Proposal for relief 4. Income and expense statement (if applicable) 5. Proposed Permanent Parenting Plan (if applicable) 6. Any other filing required by the Court as advised at the Pretrial Conference (if applicable)

Applies to

Order

Orders on motions must contain the required language from Section VI(B).

Orders on motions should contain the required language set forth in Section VI (B) on page 10.

Applies to

Order to waive

Order to Waive must include all order requirements from Section VI(B) and cite statutory grounds; no motion required.

If an adoption case meets the statutory requirements for waiver of the home study, order of reference, and six-month waiting period, an Order to Waive must be entered by the Court but no motion is required. The order must include all order requirements as set forth in Section VI(B) on page 10 and must cite the applicable statutory grounds for waiver.

Applies to

Order to set

An Order to Set must be entered to schedule a termination of parental rights case for final hearing.

An Order to Set must be entered scheduling a termination of parental rights case for final hearing.

Applies to

Adoption filing

Petitioner fee disclosure, attorney fee disclosure, and certificate of adoption must be filed before Order to Set.

Prior to entry of an Order to Set an adoption for final hearing, the petitioner fee disclosure, attorney fee disclosure, and certificate of adoption ($30.00 fee), must be filed with the Circuit Court Clerk’s office.

Applies to

Order to set

If fee disclosures or certificate are filed on the day of hearing, the Order to Set must identify them and state they will be filed that day.

If any of these items will be filed on the day of the final hearing, the Order to Set must identify the item(s) to be filed on the day of the final hearing and state that the item(s) will be filed on the date of the final hearing.

Applies to

Order to set

Order to Set must contain language notifying consenting parents they must appear at final hearing or rights may be terminated.

In the case of a non-relative consent adoption pursuant to T.C.A. § 36-1-117(g), et. seq., the Order to Set must contain language notifying the consenting parents they must appear at the final hearing or the Court may terminate their rights pursuant to any termination grounds available pursuant to T.C.A. § 36-1-113. The exact language from T.C.A. § 36-1-117(g)(3) may be used in the order.

Applies to

Order terminating parental rights

If consenting parents do not appear, a court reporter must transcribe proceedings and transcript must be filed with the order.

If consenting parents do not appear at the hearing, a court reporter is required to transcribe the termination proceedings. A transcript of the termination proceedings must be filed with the order terminating parental rights.

Applies to

Order

Two separate orders must be filed: one terminating parental rights and one final order of adoption.

Two (2) separate orders must be filed in all cases in which a petition is filed for termination of parental rights and adoption: one (1) order terminating parental rights and one (1) final order of adoption.

Applies to

Order terminating parental rights

Orders terminating parental rights must include Court's findings and state it is a final appealable order.

Orders terminating parental rights must include the Court’s findings as required by T.C.A. § 36-1-113, and the order must state it is a ‘final appealable order.’ There is no just reason for delay in entry of a Final Judgment against Respondent pursuant to Tennessee Rule of Civil Procedure 54.02.

Applies to

Order terminating parental rights

In default judgments, a court reporter is required and transcript must be filed with the order; order not entered until transcript filed.

In the case of a default judgment, a court reporter is required at the final hearing. A transcript of the default termination proceedings must be filed with the order terminating parental rights. The order terminating parental rights will not be entered until the transcript is filed.

Applies to

Final order of adoption

All final orders of adoption must comply with T.C.A. § 36-1-120.

All final orders of adoption must comply with the requirements of T.C.A. § 36-1-120.

Applies to

Affidavit

To waive appearance at an adult adoption final hearing, each adoptive parent and the adoptee must submit an affidavit containing the specified form language.

To waive appearance at the final hearing in an adult adoption proceeding, the adoptive parent(s) and adoptee must each submit an affidavit that includes the language contained in the following form: Fourth Circuit Court Adoptive Parent Affidavit to Waive Appearance at Final Hearing and Adoptee Affidavit to Waive Appearance at Final Hearing.

Applies to

Order to set

An Order to Set must be entered to schedule an adoption case for final hearing.

An Order to Set must be entered scheduling an adoption case for final hearing.

Applies to

Brief

Briefs must attach a copy of any out-of-state case they cite.

If you are citing out of state cases in your briefs, please attach a copy of the case to your brief.

Applies to

Pleading

Must include

caption

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.

Applies to

Pleading

Must include

case number

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.

Applies to

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.

Applies to

Divorce complaint

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.

Applies to

Parentage order

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.

Applies to

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.

Applies to

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.

Applies to

Pleading

Must include

certificate of service

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.

Applies to

Motion to set support

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.

Applies to

Motion

Every motion must identify the underlying Complaint or Petition that is pending.

All Motions shall state the underlying Complaint or Petition that is pending.

Applies to

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.

Applies to

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.

Applies to

Motion

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.

Applies to

Motion for scheduling order

Must include

proposed order

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.

Applies to

Motion to compel

Must include

certificate of conference

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.

Applies to

Motion

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.

Applies to

Exhibits

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.

Applies to

Settlement conference preparation documents

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.

Applies to

Appearance order

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.

Applies to

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.

Applies to

Continuance order

The continuance order must state the reason for the continuance.

The reason for the continuance shall be contained in the order.

Applies to

Signed filing

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.

Applies to

Record on appeal

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.

Applies to

Motion

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.

Applies to

Pleading

Must include

caption

The case style must remain consistent across all pleadings; changes require a court order.

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.

Applies to

Pleading

Must include

case number

All pleadings must include a docket number, except initial pleadings not yet assigned one.

All pleadings must include a docket number. This shall not apply to initial pleadings that have not yet been assigned a docket number.

Applies to

Pleading

All pleadings must include a descriptive title reflecting the nature of the 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.

Applies to

Pleadings

All pleadings must include a signature block with the filer's name, party represented, BPR number (for attorneys), address, phone, and email.

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. Address of the person filing the pleading e. Phone number of the person filing the pleading f. Email address of the person filing the pleading

Applies to

Proposed order

Must include

certificate of service

Orders signed with opposing counsel's permission must still be sent to opposing counsel with a Certificate of Service.

If signing an order with permission of opposing counsel, the order must still be sent to the opposing counsel and a Certificate of Service reflecting the same.

Applies to

Pretrial brief

Pretrial briefs must include procedural history, party's position summary, applicable laws/cases with copies, and other helpful information.

Pretrial briefs shall include the following: a. Procedural history of the case b. A summary of the party's position on the contested cases c. A reference to applicable laws or cases (with copies of cases included) d. Anything else that would aid the Court in the preparation of the trial

Applies to

Settlement conference statement

Each party must deliver an ex parte Judicial Settlement Conference Statement to the Special Master at least 72 hours before the conference, including settlement position, factors, and case assessment.

At least 72 hours (three (3) business days) prior to the Judicial Settlement Conference, each party shall deliver an 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.

Applies to

Firearms declaration

Firearms Declaration must be filed even if no firearms; if firearms owned, must include contact info of person holding them.

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.

Applies to

Order of continuance

Must include

certificate of service

Orders of Continuance must include the 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.

Applies to

Motion

All motions must contain the required information set forth in Section VII (B) on page 12.

All motions should contain the required information set forth in Section VII (B) on page 12.

Applies to

Motion for publication

Motions for Publication must include the required affidavit per T.C.A. § 36-1-117(m)(3) and comply with Section VII (B)(9).

Motions for Publication in termination of parental rights and adoption cases must have the required affidavit in compliance with T.C.A. § 36-1-117(m)(3) in addition to the requirements set forth in Section VII (B)(9) on page 13.

Applies to

Order to set

When waiving appearance, the Order to Set must state the parties' intention to file the required affidavits and waive appearance at the final hearing.

If waiving appearance, the Order to Set should state the parties' intention to file the required affidavits and waive their appearance at the final hearing.

Applies to

Juvenile court appeal

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.