Circuit Court for Davidson County, Tennessee Filing Timing and Cure Windows
68 rules from official source documents
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Circuit Court for Davidson County, Tennessee; use the court rules overview to switch categories without leaving this court.
The fiduciary cannot close the real property sale until the court approves the sales contract.
The fiduciary may not close the sale of the real property until the court approves the sales contract.
- Deadline
- 45 calendar days
An appealing party must file a motion to set the case for trial within 45 calendar days after filing the appeal in Circuit Court.
Within 45 calendar days after the appeal is filed in Circuit Court, the appealing party must file a motion to set the case for trial.
Failure to obtain an order setting the case for trial by the Scheduling Order deadline results in dismissal without further notice.
If the parties do not obtain an order setting the case for trial by the deadline established in the Scheduling Order, the court will dismiss the case without further notice.
- Deadline
- 3 business days
Trial briefs must be filed and served at least 3 business days before trial.
The parties must file and serve their briefs at least 3 business days before trial.
Facsimile transmissions received after 4:30 p.m. but before midnight are deemed filed that business day; transmissions received after midnight or on weekends/holidays are deemed filed the preceding business day.
A facsimile transmission received by the clerk after 4:30 p.m. but before midnight, clerk's local time, on a day the clerk's office is open for filing shall be deemed filed as of that business day. A facsimile transmission received after midnight but before 8:00 a.m., clerk's local time, on a business day, or a facsimile transmission received by the clerk on a Saturday, Sunday, legal holiday, or other day on which the clerk's office for filing is closed, shall be deemed filed on the preceding business day.
- Deadline
- 14 calendar days
The court follows the two-week motion rule, but may hear a motion earlier upon the parties' agreement for an emergency.
Second Circuit strictly follows Rule 26 concerning the two-week rule, unless you and your conditions agree to hear a motion earlier than the two weeks for emergency purposes.
- Deadline
- 5 calendar days
Motions in limine should be filed five days before trial, and in complicated cases a special hearing is scheduled the Friday of the week before trial.
The court appreciates Motions in Limine. As the Local Rules state, they should be filed five days before trial. In complicated cases, the court will schedule a special hearing on the Friday of the week preceding the trial, so that we will not lose trial time.
A Final Decree of Divorce must be filed before the hearing date when appearance is waived.
If waiving appearance, a Final Decree of Divorce must be submitted prior to the further hearing.
All pretrial motions must be filed and scheduled for hearing by the Court's last regular motion docket before trial.
All pretrial motions must be filed and scheduled for hearing no later than the Court’s last regular motion docket before the scheduled trial date.
- Deadline
- 14 calendar days
Pretrial motions, except summary judgment motions, must be filed at least 14 calendar days before the motion hearing, including weekends and holidays.
All pretrial motions, other than motions for summary judgment, must be filed and served on the opposing party with all supporting material, including without limitation, all declarations, excerpts from preferential, discovery responses, proposed temporary parenting schedules, and all other factual material in which the moving party relies, at least 14 days (including weekends and holidays) before the motion hearing.
Responses to opposed motions are optional but encouraged; any response must be filed by noon on the Tuesday before the proposed ruling's hearing.
If a motion is opposed, a written response is encouraged, but not required. Any responses filed must be filed by 12:00 p.m. on the Tuesday before the motion hearing.
Reply briefs are optional, but if one is filed it must be submitted by noon on the Wednesday before the motion hearing.
Replies to responses are not required. Any reply must be filed by 12:00 p.m. on the Wednesday before the motion hearing.
The movant must provide a sworn income and expense statement with supporting documentation to the adverse party by 5:00 p.m. on the Monday before the motion hearing; the timeline may be waived by agreement.
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 must provide a sworn income and expense statement with supporting documentation to the movant by 12:00 p.m. on the Thursday before the motion hearing; the timeline may be waived by agreement.
The non-movant shall provide along with a sworn income and expense statement, and documentation supporting their income, to the movant by 12:00 p.m. on the Thursday before the motion hearing.
- Deadline
- 11 calendar days
Proof of service must be obtained at least 11 days before the final hearing, unless an Agreed Order and earlier date are approved by the Court.
i) Proof of service at least 11 days prior to the final hearing date with the exception of the certified Court-approved earlier date.
- Deadline
- 14 calendar days
Default judgment matters must be set by an order filed no earlier than 14 days, including weekends and holidays, before the hearing date.
Matters that are being conducted based on a default with the clerk shall be set by an order filed no earlier than 14 days (including weekends and holidays) prior to the hearing date.
- Deadline
- 72 hours
Judicial Settlement Conference Statements must be delivered to the Special Master at least 72 hours (three business days) before the conference.
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.
- Deadline
- 45 calendar days
Appellant has 45 days from filing of the juvenile court appeal to secure a trial date; failure results in the juvenile court judgment becoming the Circuit Court judgment with costs to the appellant.
Once the case being appealed is received and filed with the Circuit Court Clerk, the appellant has the duty to set the appeal for a hearing before a trial judge. The appellant has 45 days to secure a trial date from the Court. This time is counted from the date the Circuit Court Clerk files the appeal. If the appellant fails to secure this order within the 45-day time period, an order will be entered making the judgment of the Juvenile Court the judgment of the Circuit Court with costs taxed to the appellant. At the time the appeal is perfected in the Circuit Court Clerk’s office, the clerk shall give the appellant —or the appellant’s attorney—written notice of this rule.
Respondent must file a Firearms Declaration with the Circuit Court Clerk within 48 hours of issuance of an Order of Protection.
If an Order of Protection is granted against the Respondent, they must file a Firearms Declaration with the Circuit Court Clerk’s office within 48 hours of its issuance.
- Deadline
- 7 calendar days
A proposed order in an unopposed motion must be submitted within seven calendar days of the motion hearing.
party in an unopposed motion, within seven (7) calendar days of the motion hearing, pursuant to Local Rule § 33.01(a).
- Deadline
- 3 calendar days
Objections to a proposed order must be communicated to the Court within three calendar days of its submission.
If the opposing side objects to the language contained in the Proposed Order, the Court must be notified of the objection within three (3) calendar days of the Proposed Order’s submission.
- Deadline
- 7 calendar days
A competing proposed order must be submitted within seven calendar days of an objection.
A competing Proposed Order must be submitted for the Court’s consideration within seven (7) calendar days of the objection.
- Deadline
- 3 business days
Proposed jury instructions and verdict form must be provided to the Court no later than three business days before trial.
Proposed jury instructions and the verdict form should be provided to the Court no later than three (3) business days in advance of trial.
- Deadline
- 3 business days
Proposed jury instructions and verdict form must be provided to the Court no later than three business days before trial.
Proposed jury instructions and the verdict form shall be provided to the Court no later than three business days in advance of trial.
A motion for default may not be filed until the response time has expired.
A Motion for Default shall not be filed until the time for response has expired.
- Deadline
- 5 business days
Status conference orders must be filed within 5 business days of the conference unless otherwise directed.
Orders should be filed within five (5) business days of the status conference unless otherwise directed by the Special Master.
- Deadline
- 5 business days
Motions to amend a status conference order must be filed within 5 business days; late motions are denied without a hearing.
Attorneys and litigants who disagree with the recommendations of the Special Master should file a motion with the Court to amend the status conference order within five (5) business days of the status conference. Any such motion filed more than five (5) business days after the status conference shall be denied without a hearing.
- Deadline
- 14 calendar days
Default divorce matters must be set by an order filed at least 14 days (including weekends and holidays) before the hearing.
B. Matters that are being conducted based on default judgment shall be set by an order filed no earlier than 14 days (including weekends and holidays) prior to the hearing date.
- Deadline
- 14 calendar days
All motions must be filed at least 14 days before the requested hearing date.
All motions should be filed 14 days in advance of the requested hearing date.
- Deadline
- 10 business days
Order to Set must be filed within 10 business days of confirming conference and trial dates, or the dates may be lost.
Once a Motion to Set has been granted, attorneys shall contact the Court's staff to obtain a Judicial Settlement Conference date (if required) Pretrial Conference date and trial date(s). Once ALL dates are confirmed, the Order to Set shall be drafted and filed. Failure to file an Order to Set within 10 business days of confirming the judicial settlement conference, pretrial conference, and trial dates may result in loss of the dates given.
- Deadline
- 72 hours
Pretrial briefs must be filed with the Circuit Court Clerk at least 72 hours (excluding weekends and holidays) before the scheduled hearing.
Pretrial briefs are to be filed in all contested cases (unless otherwise excused by the Court). All pretrial briefs shall be filed with the Circuit Court Clerk at least 72 hours (excluding weekends and holidays) prior to the scheduled hearing.
- Deadline
- 72 hours
Pretrial filings must be filed 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)
- Deadline
- 48 hours
Respondent must file a Firearms Declaration with the Circuit Court Clerk within 48 hours of the Order of Protection's issuance.
If an Order of Protection is granted against the Respondent, they must file a Firearms Declaration with the Circuit Court Clerk’s office within 48 hours of its issuance.
- Deadline
- 5 calendar days
Either party may file a Notice of Rehearing within 5 days of the Special Master's ruling for a de novo hearing.
Either party has a right to file a Notice of Rehearing within five (5) days of the Special Master’s ruling to secure a de novo hearing before Judge Phillip Robinson for Third Circuit cases and before Judge Stephanie J. Williams for Fourth Circuit cases.
- Deadline
- 5 business days
Attorneys for Petitioners must file motions for scheduling order, GAL appointment, and indigency determination within 5 business days of the Answer.
Upon the filing of an Answer (or any other responsive pleading) filed in response to a petition for termination of parental rights and petition for adoption, attorneys for Petitioners must file a Motion for a Scheduling Order, a Motion to Appoint a Guardian Ad Litem, and a Motion for Indigency Determination within five (5) business days of the filing of the Answer.
- Deadline
- 11 calendar days
Orders to Set must be filed at least 11 days before the final hearing, including holidays and weekends.
Orders to Set a final hearing in all termination of parental rights and adoption cases must be filed a minimum of 11 days (including holidays and weekends) prior to the final hearing date.
- Deadline
- 11 calendar days
Orders for Default must be filed at least 11 days before the final hearing, including holidays and weekends.
Orders for Default in all termination of parental rights and adoption cases must be filed a minimum of 11 days (including holidays and weekends) prior to the final hearing date.
Proposed order must be e-filed by 4:30 p.m. on the Wednesday preceding the final hearing to obtain certified copy on hearing date.
A certified copy of the Final Order of Adoption may be obtained from the Circuit Court Clerk’s Office on the date of the final hearing so long as the proposed order is e-filed with the Circuit Court Clerk’s Office no later than 4:30 p.m. on the Wednesday preceding the final hearing date.
When waiving appearance, the proposed Final Order of Adoption and all affidavits must be filed with the Circuit Court Clerk's Office no later than the Wednesday preceding the final hearing.
If waiving appearance, a proposed Final Order of Adoption and all affidavits must be filed with the Circuit Court Clerk's Office no later than the Wednesday preceding the final hearing date.
- Deadline
- 30 calendar days
After a civil case is final, parties have 30 calendar days to retrieve paper-format trial exhibits and discovery materials before the Clerk may destroy them.
After a civil case is final, the Clerk will provide notice to the parties that they have 30 calendar days to retrieve any trial exhibits and discovery materials that were filed in paper format. The Clerk may destroy or dispose of materials left in the Clerk’s possession after that time.
- Deadline
- 3 business days
The Clerk holds an order signed only by preparing counsel for 3 business days to allow opposing counsel time to object.
Unless the court directs otherwise, the court will not immediately enter an order signed only by counsel who prepared the order. The Clerk will hold the order for 3 business days to allow opposing counsel time to notify the minute clerk that counsel objects to the order’s contents.
- Deadline
- 10 calendar days
Subpoenas for local witnesses must be issued no later than 10 calendar days before trial, unless the court allows a shorter time.
Subpoenas for local witnesses must be issued no later than 10 calendar days before the date of trial unless the court has allowed issuance within a shorter time.
- Deadline
- 14 calendar days
Subpoenas for out-of-county witnesses must be issued no later than 14 calendar days before trial, unless the court allows a shorter time.
Subpoenas for out-of-county witnesses must be issued no later than 14 calendar days before the date of trial, unless the court has allowed issuance within a shorter time.
- Deadline
- 3 business days
Opposing counsel must meet face-to-face or by telephone at least 3 business days before trial to exchange witness names and contact information.
At least 3 business days before trial, opposing counsel must either meet face-to-face or hold a telephone conference to: (a) exchange the names of witnesses they expect to call at trial, including anticipated impeachment or rebuttal witnesses, and the witnesses’ addresses and home and business telephone numbers if that information was not provided in discovery; and
- Deadline
- 10 business days
A party intending to use an audio or video recording or animation in a jury trial must give adverse counsel written notice at least 10 business days before trial.
Any party who intends to use an audio or video recording or animation in a jury trial must provide written notice to adverse counsel at least 10 business days before trial.
Unresolved objections to audio/video recordings or animation must be raised by a motion in limine set for hearing early enough for the court to rule and allow any necessary editing.
If they cannot resolve their dispute, objecting counsel must file a motion in limine set for hearing sufficiently before trial to allow time for the court to rule on the objections and for any necessary editing.
Requests for special jury instructions must be filed and served by the end of the first day of trial unless the court directs otherwise.
Parties must file and serve requests for special jury instructions at the end of the first day of trial or as the court otherwise directs.
Requests for jury interrogatories must be filed and served by the end of the first day of trial unless the court directs otherwise.
Parties must file and serve requests for jury interrogatories at the end of the first day of trial or as the court otherwise directs. Jury interrogatories may be requested after that only when counsel could not have reasonably anticipated the issue.
- Deadline
- 3 business days
Opposing counsel has 3 business days to object to a proposed order and submit a competing order; otherwise the proposed order is submitted to the Judge.
The Clerk will hold proposed orders signed only by the attorney who prepared the order for 3 business days. If opposing counsel believes the proposed order does not accurately reflect the court's ruling, opposing counsel must notify the court's staff in Circuit Court or Calendar Clerk in Chancery Court within the 3-day period and submit a competing order for the court to consider. If the court's staff or Calendar Clerk does not receive a timely objection, the court's staff or Calendar Clerk will submit the proposed order to the Judge.
- Deadline
- 5 business days
The original will or codicil must be tendered to the Circuit Court Clerk within 5 business days after filing the petition.
The original testamentary instrument must be tendered to the Circuit Court Clerk within 5 business days after filing the petition.
- Deadline
- 3 calendar days
The Property Management Plan must be filed and served on all Interested Parties no less than 3 days before the conservatorship hearing.
the Property Management Plan shall be filed with copies provided to all Interested Parties including the Guardian ad litem no less than three (3) days prior to the hearing on the Petition, unless good cause is shown why such could not be done.
- Deadline
- 3 calendar days
A Guardian ad litem must file their report with the Court at least 3 days before the hearing.
The Guardian ad litem shall conduct an inquiry and file a report with the Court at least three (3) days prior to the hearing.
- Deadline
- 72 hours
In elective share cases, each party must submit an estimate of net estate value and a written proposal to the court and opposing parties no later than 72 hours before the final hearing.
each party shall be and is required to submit to the court and to the opposing party (and all interested parties) no later than 72 hours prior to the final hearing an estimate of the value of the net estate and a written proposal reflecting the amount and percentage for an Elective Share, the amount for Year’s Support, the amount of Homestead, and the amount of Exempt Property which the surviving spouse should be awarded.
- Deadline
- 7 calendar days
All probate orders must state the hearing date and be presented to the Court within 7 days of the hearing unless additional time is granted.
All Orders shall state the date the matter was heard (or docketed for hearing) and be presented to the Court within seven (7) days thereafter unless additional time is expressly granted by the Court.
The sender bears the risk of facsimile transmission failure; if unsuccessful, the sender may file by mail or in person, and may move for nunc pro tunc acceptance with a transmission record, original document, and affidavit.
The sender bears the risk of using facsimile transmission to convey a document to a court for filing, including, without limitation, malfunction of facsimile equipment, whether the sender's or the clerk's equipment; electrical power outages; incorrectly dialed telephone numbers; or receipt of a busy signal from the clerk's facsimile telephone number. In the event that a facsimile transmission to the clerk is unsuccessful, the sender may file the document by mail or in person; in such cases, the filing date shall be determined as provided in Rules 5.06 and 6, Tenn. R. Civ. P. 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.
Motions, including motions in limine, will not be heard on the day of trial.
No motions, including motions in limine, will be heard on the day of trial.
Summary judgment motions follow Tennessee Rules of Civil Procedure and must be specially set by contacting the Judicial Assistant; they will not be heard on the regular Friday motion docket.
Motions for summary judgment and responses and replies to the same are governed by the Tennessee Rules of Civil Procedure, unless otherwise ordered by the Court. Motions for Summary Judgement will not be heard on the Court’s regular Friday Motion Dockets and should be specially set by contacting the Court’s Judicial Assistant.
The Final Motion Docket assigning each motion to a specific time block is published by noon the Tuesday before the Motion Docket; motions are initially noticed for 9 a.m.
While all motions are noticed for a 9:00 a.m. docket call, a Final Motion Docket that assigns motions to specific time blocks is published by the Circuit Court Clerk’s website by 12:00 p.m. on the Tuesday before the Motion Docket.
- Deadline
- 5 calendar days
Either party may file a Notice of Rehearing within five days of the Special Master's ruling to obtain a de novo hearing before the assigned Circuit Court judge.
Either party has a right to file a Notice of Rehearing within five (5) days of the Special Master’s ruling to secure a de novo hearing before Judge Bethany Peery Glandorf for Third Circuit cases and before Judge Stephanie J. Williams for Fourth Circuit cases.
Late responses to motions will be considered at the Court's discretion upon a showing of good cause; agreed late responses will also be considered.
Late responses will be considered by the Court, at its discretion, based upon a showing good cause. If the parties agree to allow a non-movant to respond late to a motion, the Court will consider the late response.
The Final Motion Docket assigning specific time blocks is published by 12:00 p.m. on the Tuesday before the Motion Docket.
While all motions are noticed for a 9:00 a.m. docket call, a Final Motion Docket that assigns motions to specific time blocks is published on the Circuit Court Clerk's website by 12:00 p.m. on the Tuesday before the Motion Docket.
Resolved motions are assigned an 8:58 a.m. time slot; no appearance is necessary and an order may be submitted as if granted.
8:58 a.m.: Resolved Motions. Motions that are automatically granted without a hearing will be found at the beginning of the docket and are assigned the time of 8:58 a.m. The heading for the page will read "RESOLVED MOTIONS." 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
Motions for court reporter approval must be filed contemporaneously with a Motion to Set.
In cases involving an indigent party or parties where a court reporter must be hired with the approval of the Tennessee Administrative Office of the Courts, all motions for such approval must be filed contemporaneously with a Motion to Set.
- Deadline
- 72 hours
Parties must deliver the settlement conference statement at least 72 hours (3 business days) before the conference.
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 Clerk must issue a subpoena even when it is requested after the Rule 28 deadlines.
The Clerk must issue a subpoena even if it is requested after the deadlines established by this Rule.
Adverse counsel must promptly notify the offering party of any objections to the recording or animation.
Adverse counsel must promptly advise the offering party of any objections to the recording or animation.
Special jury instructions may be requested after the end of the first day of trial only for issues counsel could not reasonably anticipate.
Special instructions may be requested after that only when counsel could not have reasonably anticipated the issue.
TRO amici requests filed by 2:00 p.m. on a court day will be addressed before the close of business that same day.
Requests for TemporaryResidual Transresting Orders filed by 2:00 p.m. on a day the Court is open, will be addressed before the legal matters on the day of filing.
When is a filing treated as filed in Circuit Court for Davidson County, Tennessee?
The rule addresses filing timing, filing status, or cure windows. The court follows the two-week motion rule, but may hear a motion earlier upon the parties' agreement for an emergency.
When is a filing treated as filed in Circuit Court for Davidson County, Tennessee?
The rule addresses filing timing, filing status, or cure windows. Motions in limine should be filed five days before trial, and in complicated cases a special hearing is scheduled the Friday of the week before trial.
When is a filing treated as filed in Circuit Court for Davidson County, Tennessee?
The rule addresses filing timing, filing status, or cure windows. Summary judgment motions follow Tennessee Rules of Civil Procedure and must be specially set by contacting the Judicial Assistant; they will not be heard on the regular Friday motion docket.
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