Circuit Court for Davidson County, Tennessee Document Filing Requirements

WARNING

Applies to

Order setting non jury trial

Orders setting non-jury trials must include an estimate of trial duration.

All orders setting non-jury trials must include an estimate of how long the trial will last.

WARNING

Applies to

Objection to master report

Factual objections to a master's report must be supported by a transcript of the master's hearing.

Objections to a master’s report based on factual questions must be supported by a transcript of the hearing before the master.

WARNINGCivil cases

Applies to

Facsimile filed document

Fax-filed documents remain subject to all applicable court rules, including rules on document content and form, signatures, and service.

All documents filed by facsimile transmission shall comply with all applicable rules of court, including, without limitation, rules governing the content and form of pleadings and other papers; the signing of pleadings, motions and other papers; and the service of all papers.

WARNING

Applies to

Notice of satisfaction of judgment

A party must file a notice of satisfaction of judgment.

Clerk or otherwise, the party must file a notice of satisfaction of judgment.

WARNINGCivil cases

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.

2) A separate Order should be submitted on the Order of Protection case when the divorce action is concluded or when the divorce action modifies or dissolves the Order of Protection.

WARNING

Applies to

Order

The plaintiff's attorney must prepare an Order entering formal written notice of Non-Suit and requesting disbursement of funds when a defendant satisfies a civil judgment before the Court date.

When a defendant satisfies a civil judgment prior to the Court date by paying the monies to the Civil Court Clerk's office and the plaintiff's attorney takes a Non-Suit, the plaintiff's attorney shall prepare an Order entering formal written notice of Non-Suit and requesting disbursement of funds.

WARNING

Applies to

Proposed order

Must include

proposed order

Counsel for prevailing parties prepare orders for entry by the court unless the court directs otherwise. Proposed orders should be submitted to the Clerk and served on opposing counsel within 7 calendar days after the court's ruling.

Counsel for prevailing parties prepare orders for entry by the court unless the court directs otherwise. Proposed orders should be submitted to the Clerk and served on opposing counsel within 7 calendar days after the court's ruling.

WARNING

Applies to

Subpoena

The requesting attorney or party must include the witness's street address and phone number, if known, on the subpoena.

The attorney or party requesting a subpoena must provide the street address and phone number, if known, of the witness on the requested subpoena.

WARNINGCivil cases

Applies to

Facsimile filed document

After fax filing, the sender need not file the original but must retain it during the action and produce it upon request; failure to do so may result in the fax-filed document being stricken.

The filing of the original document shall not be required after facsimile filing. The sender shall retain the original document in the sender’s possession or control during the pendency of the action and shall produce such document upon request by the court or any party to the action. Upon failure to produce such document, the court may strike the document filed by facsimile transmission.

WARNING

Applies to

Agreed order

Agreed judgments must be signed by both parties and/or their attorneys.

Agreed judgments must be signed by both parties and/or their attorneys.

WARNING

Applies to

Order granting continuance

An order granting a continuance must state the reason and continue the trial to a date certain or a date to be set by separate order.

If the court grants a continuance, the order granting the continuance must state the reason for the continuance and must continue the trial to a date certain or a date to be set by separate order.

WARNING

Applies to

Medical expense documentation

For minor personal injury settlements, the Court holds a chambers hearing with the minor and guardian present, and Plaintiff's Counsel must provide documentation of medical expenses and the minor's present medical condition.

In all cases where the parties propose to settle a personal injury claim brought on behalf of a minor, the Court shall conduct a hearing to chambers at which the minor and his/her guardian are present. At such hearing, Plaintiff's Counsel shall provide the Court with documentation reflecting the medical expenses incurred in connection with the claim and describing the minor's present medical condition.

WARNING

Applies to

Agreed order

Agreed Orders or Judgments must be signed by all parties or their attorneys, or the presenting party must sign, certifying that the opposing party has been notified of the entry, its terms, and the date of entry.

All parties or their attorneys shall sign all Agreed Orders or Judgments which are presented to the Court or the party presenting the Order or Judgments shall sign the Judgments, thereby certifying that the opposing party has been notified of the entry of the Agreed Order or judgment, its terms and the date of entry.

WARNING

Applies to

Pleading

When a jury is demanded, “JURY DEMAND” must appear in capital letters on the first page of the pleading opposite the case style and below the case number.

In any case in which a jury is demanded, the words “JURY DEMAND” must appear in capital letters on the first page of the pleading opposite the case style, below the case number.

WARNING

Applies to

Notice

Counsel who represented an indigent defendant in General Sessions Criminal Court must immediately provide written notice to the Clerk and the defendant upon conclusion of the matter stating whether counsel is willing to accept appointment at arraignment in Criminal Court.

represent an indigent defendant in Davidson County General Sessions Criminal Court under Davidson County General Session Criminal Court Local Rule of Practice 2 must provide written notice to the Clerk and the defendant immediately upon the conclusion of the General Sessions criminal matter whether or not counsel is willing to accept appointment at arraignment in Criminal Court.

WARNINGCivil cases

Applies to

Nunc pro tunc motion

If a transmission error prevents receipt of the entire fax, the sender may seek nunc pro tunc acceptance by written motion accompanied by the transmission record, original document, and sender affidavit; acceptance is discretionary.

However, if a facsimile transmission is not received in its entirety by the clerk because of a transmission error, the sender may move acceptance nunc pro tunc by filing a written motion with the court. The motion shall be accompanied by the sender’s transmission record, the original document that was the subject of the attempted transmission, and an affidavit of the sender detailing the facts concerning the attempted transmission. The court, in its discretion, may order filing of the original document nunc pro tunc.

WARNING

Parties offering documentary evidence for jurors must provide a copy for each juror and one copy for the court.

Any party offering documentary evidence for jurors to read must provide a copy for each juror and one copy for the court.

WARNING

Applies to

Companion case filing

Filings of companion or third-party civil cases must note the companion relationship to a pending General Sessions Court case, and such cases are consolidated for trial.

Upon the filing of any civil action, which is, related to a pending action in General Sessions Court (e.g., Cross Warrant to Third Party Complaint), the party filing such companion case shall note the new warrant is a companion case to a pending General Sessions Court case. All companion or third-party cases shall be consolidated for trial with the original action.

WARNING

Applies to

Order of reference

References to a master must be by order specifying the referred issues; partition references must address five enumerated items.

All references to a master must be by order that specifies what issues are referred. Partition references must address (1) ownership interests; (2) encumbrances; (3) partition type; (4) method of sale; and (5) property value.

WARNING

Applies to

Jury instructions

Requests for modified jury instructions must reference the pattern instruction by number, state the addition or deletion, and cite authority.

Make requests for modified existing instructions by reference to the pattern instruction by number, with the addition or deletion, and cite to appropriate authority.

WARNING

Applies to

Exhibits

If counsel hold a telephone conference instead of meeting face-to-face, exhibits must be made available for viewing before the conference.

If counsel hold a telephone conference rather than a face-to-face meeting, they must make the exhibits available for viewing before the conference.

WARNING

Applies to

Amended civil warrant

A served civil warrant with a trial date set may only be amended with leave of court.

If a Civil Warrant has been served and a trial date set, the Plaintiff may only amend the Warrant with leave of court, and leave shall be freely given when justice so requires.

WARNING

Applies to

Subpoena to medical provider

Signing a subpoena to a medical provider certifies that the HIPAA notice was provided to the patient.

The signature of counsel or the party on the subpoena is counsel’s or the party’s certification that the above notice was provided to the patient.

WARNING

Applies to

Judgment

Judgments containing more than a single element must list damages and attorney's fee separately before the total.

All judgments, including default judgments and agreed orders, which contain more than a single element must list damages and attorney's fee separately before the total.

WARNING

Applies to

Status report

Personal representatives (except small-estate administrations) must file a status report 15 months after appointment and annually thereafter until the estate is closed.

other than to administer small estates, must file a status report updating the court on what is left to be done to fully administer the estate, and estimating how much time it will take, on the date which is 15 months after the date of the appointment, and then annually thereafter until the court enters an order closing the estate.

WARNING

Applies to

Statement of claims

Parties claiming funds on deposit with the court must file itemized statements of claims and responses as the master directs.

In cases where parties claim funds or proceeds on deposit with the court, the parties must file itemized statements of their claims and responses to statements of claims as the master directs.

WARNINGCriminal cases

Applies to

Motion

A party seeking to lift these orders must file a written motion stating the grounds during the applicable filing deadlines.

Further, should a party wish that the ORDER/S be lifted, that party must file a written motion stating such grounds during the applicable filing deadlines.

WARNING

Applies to

Appeal from general sessions

Signing an appeal from General Sessions Court to Circuit Court certifies the appeal under Tenn. R. Civ. P. 11.02.

An attorney’s or party’s signature to an appeal from General Sessions Court to Circuit Court constitutes a certification under Tenn. R. Civ. P. 11.02.