Circuit Court for Davidson County, Tennessee Document Filing Requirements

CRITICAL

Applies to

Motion for default

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.

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

Applies to

Order to set divorce

The party awarded the divorce must execute and notarize an affidavit to waive appearance at the final hearing.

An Affidavit to Waive Appearance at Final Irreconcilable Differences Divorce Hearing has been executed by the party being awarded the divorce and properly notarized.

CRITICALCivil cases

Applies to

Order to set divorce

A notarized Marital Dissolution Agreement signed by both parties must be filed with the Court.

A Marital Dissolution Agreement executed by both parties and properly notarized has been filed with the Court,

CRITICALCivil cases

Applies to

Order to set divorce

The case must be pending for more than the statutory waiting period before the final hearing can be set.

This cause has been pending for more than the statutory waiting period,

CRITICALCivil cases

Applies to

Statement of issues income and expenses

The Statement of Issues, Income, and Expenses requires attachment of payroll records, military leave earnings, or other proof of income for the past six pay periods, or, if unavailable, the past two years of tax returns with all schedules.

It is mandatory to attach payroll records, leave earning statement from the military, or other proof of income for the past six (6) most recent pay periods. If such income information is not available, then the past two (2) years of tax returns and all schedules are required to be attached.

CRITICALCivil cases

Applies to

Order to set divorce

A completed Notice of Insurance must be filed with the Court.

A completed Notice of Insurance has been filed with the Court.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil casesProposed or draft document; may not be in force

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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)

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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 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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Adoption filing

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.

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Motion

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.

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.