Circuit Court for Davidson County, Tennessee Document Filing Requirements

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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

WARNING

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 all other factual material in which the moving party relies for the relief requested.

WARNING

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.

WARNING

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.

WARNINGCivil cases

Applies to

Order to set divorce

If applying, a permanently agreed parenting plan executed by both parties must be filed with the Court.

If applicable, an Agreed Permanent Parenting Plan executed by the parties has been filed with the Court

WARNINGCivil cases

Applies to

Supplemental income statement

Parties who are self-employed, operate a business, belong to a partnership/joint venture, or are salaried by a closed corporation must complete the supplemental income statement and attach the most recent federal income tax return and profit and loss statement.

page must be filled out if you: 1. Are self-employed, or ===== PAGE 4 ===== 2. Operate a business or practice a profession, or 3. Are a member of a partnership or joint venture, or 4. Are a shareholder in and are salaried by a closed corporation or similar entity. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, professional corporation or similar entity: 1. The most recent Federal Income Tax Return; and 2. The most recent Profit and Loss

WARNINGCivil cases

Applies to

Affidavit

The Affidavit must be executed under oath before a Notary Public who verifies the affiant's identity personally or by identification.

The Affiant, _____________________________, with whom I am personally acquainted or who provided identification, and who, upon oath executed the foregoing instrument for the purposes contained therein, personally appeared before me, a Notary Public in and for said county and state.

WARNING

Applies to

Motion for expedited hearing

Must include

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.

In order to schedule a motion on an expedited basis without the agreement of all parties, a party must file a motion for an expedited hearing, along with the underlying motion. A proposed order granting the motion for an expedited hearing shall be filed as well, leaving the date of hearing blank for the Court to complete.

WARNING

Applies to

Documentary evidence

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

Counsel admitting documentary evidence which he or she wants the jury to read in court shall provide a sufficient number of copies to enable each juror in court to have his or her own copy plus one copy for the Court.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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

WARNING

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.

WARNING

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

WARNING

Applies to

Motion

All motions should 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.

WARNING

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.

WARNING

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.

WARNING

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.

INFO

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.

INFO

Applies to

Contempt petition

A concise description of the contemptuous act is acceptable if it includes the due date, amount due, amount paid if any, and the resulting arrearage figure.

(Note: A more concise version of the above description of the contemptuous act is acceptable provided it lists the due date, amount due, amount paid, if any, and a resulting arrearage figure.)

INFOCivil cases

Applies to

Certificate of service

The Certificate of Service must be signed by the Affiant or the Affiant's attorney.

Signature of Affiant or attorney for Affiant

CRITICAL

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.

CRITICAL

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.