Court Rules

Circuit Court for Davidson County, Tennessee Filing Timing and Cure Windows

87 rules from official source documents

Rules 1 to 50, page 1 of 2

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICALCivil cases

Writs of restitution must be directed to the assigned Circuit Court for review before being issued by the Clerk.

It appearing to the Court that it is proper for Writs of Restitution submitted to the Clerk for issuance as a result of a possession Order entered in the Davidson County General Sessions Court and appealed to the Circuit Court to be directed to the assigned Circuit Court for review before being issued by the Clerk.

Court-level rulesOfficial source

CRITICALCivil cases

On a day the clerk’s office is open for filing, a fax received after 4:30 p.m. but before midnight local time is deemed filed that 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.

Court-level rulesOfficial source

CRITICALCivil cases

A fax received before 8:00 a.m. on a business day, or on a day the clerk’s office is closed, is deemed filed on the preceding 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.

Court-level rulesOfficial source

CRITICALCivil cases

If the litigant files neither a hearing request nor an amended pauper's oath/payment within the specified timeframe, the Clerk shall return the filing to them.

If neither action as set forth below is filed within the specified time-frame below, the Clerk shall return the filing to the litigant.

Court-level rulesOfficial source

CRITICAL

No filing deadline extensions or exceptions are granted when the electronic filing system is down or inoperable.

There will be no statute of limitations/filing deadline extensions or exceptions made when the electronic filing system is down or inoperable.

Court-level rulesOfficial source

CRITICAL

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 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.

Judge Bethany Peery Glandorf

CRITICAL

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.

Judge Bethany Peery Glandorf

CRITICAL

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.

Judge Stephanie Williams

CRITICAL

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.

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.

Judge Stephanie Williams

WARNINGCivil cases

When the complete fax is received, the clerk must mark its filing date as for original papers, using the date and time printed by the clerk’s fax machine to determine receipt.

Upon receiving a facsimile transmission in its entirety, the clerk shall note the filing date on the facsimile filing in the same manner as with original pleadings or other documents filed by mail or in person. For purposes of this provision, “received by the clerk” means the date and time the facsimile transmission is received by the clerk as indicated by the date and time printed on the facsimile transmission by the clerk’s facsimile machine.

Court-level rulesOfficial source

WARNINGCivil cases

The sender bears the risk of fax-filing failures, including equipment malfunctions, power outages, dialing errors, and busy signals.

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.

Court-level rulesOfficial source

WARNING

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.

Court-level rulesOfficial source

WARNING

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 on the Circuit Court Clerk’s website by 12:00 p.m. on the Tuesday before the Motion Docket.

Judge Bethany Peery Glandorf

WARNING

Late responses to motions are generally not considered unless the parties agree and notify the Court of the agreement in advance.

Late responses generally are not considered by the Court. If the parties agree to allow a non-movant to respond to a motion late, the Court will consider the late response so long as the Court has been notified of the agreement in advance.

Judge Joe Binkley Jr.

WARNING

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.

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.

Judge Stephanie Williams

INFO

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.

Judge Bethany Peery Glandorf

Filing deadlines

CRITICALCivil cases

Deadline
10 calendar days

The clerk must receive payment and a copy of the fax cover sheet no later than 10 calendar days after the fax filing.

Payment of the service charge, accompanied by a copy of the facsimile filing cover sheet, shall be received by the trial court clerk not later than ten (10) calendar days after the facsimile filing.

Court-level rulesOfficial source

CRITICALCivil cases

The executed acknowledgment must be filed with the court within three days of execution.

This acknowledgment shall be filed with the court and served on all parties within three (3) days following its execution.

Court-level rulesOfficial source

CRITICAL

Orders must state the grounds for waivers and accurately reflect the basis of rulings, and must be submitted within seven days unless extended.

Orders must state grounds for waivers, accurately reflect basis of rulings, and be submitted within 7 days unless extended.

Court-level rulesOfficial source

CRITICAL

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.

Court-level rulesOfficial source

CRITICAL

HUD‑1/ALTA statement and inventory must be filed within 30 days.

HUD‑1/ALTA statement and inventory must be filed within 30 days.

Court-level rulesOfficial source

CRITICAL

Status reports are required 15 months after appointment and annually thereafter.

Required 15 months after appointment and annually thereafter.

Court-level rulesOfficial source

CRITICALCivil cases

A litigant found non-indigent has 30 days from the determination to submit an amended pauper's oath with required financial documentation or pay the proper filing fee.

Thirty (30) days from that date to submit an amended pauper's oath with any additionally required documentation of expenses and/or income as determined by the Circuit Court Judge, or pay the proper filing fee.

Court-level rulesOfficial source

CRITICALCivil cases

A litigant found non-indigent has 10 days from the non-indigency determination to request a hearing before a Circuit Judge.

Ten (10) days from that date to request a hearing before a Circuit Judge.

Court-level rulesOfficial source

CRITICAL

When the clerk's office is closed or inaccessible, the filing period runs until the end of the next business day.

Any day on which the office of the court clerk is closed or on which weather or other conditions have made the office of the court clerk inaccessible, the period of time for filing a paper in court shall run until the end of the next business day.

Court-level rulesOfficial source

CRITICALCivil cases

Divorcing parents must complete the parenting seminar and file the certificate within 60 days of filing the Divorce Complaint.

It is hereby ORDERED, ADJUDGED and DECREED that in all divorce cases filed, where there are children who will be subject to the jurisdiction of the Court, the divorcing parents shall have sixty (60) days from the date of filing the Divorce Complaint within which to complete the statutorily mandated parenting seminar and file the certificate in the Circuit Court Clerk's Office.

Court-level rulesOfficial source

CRITICAL

Deadline
3 business days

A guardian ad litem’s report must be filed at least three business days before the hearing.

Reports must be filed at least 3 business days before hearings.

Court-level rulesOfficial source

CRITICAL

A Writ of Restitution or Writ of Possession must be filed within 90 days of the judgment date; after 90 days, the landlord or plaintiff may file a new action or a motion to order issuance of the Writ.

If a landlord or plaintiff obtains a judgment for possession of real or personal property which is not appealed, any Writ of Restitution or Writ of Possession, if one is to be issued at all to the Sheriff, must be filed within ninety (90) days of the date of judgment thereon. After ninety (90) days from the date of judgment, the landlord or plaintiff may file a new civil action to gain possession or may file a motion with the court asking that the court order the issuance of the Writ regardless of the fact that more than ninety (90) days has elapsed from the date of judgment.

Court-level rulesOfficial source

CRITICALCivil cases

The disclosure must be filed with the court within thirty days of the interview.

Said disclosure shall be signed by the person expressing the opinions and shall be filed with the court and served on all parties within thirty (30) days of the interview.

Court-level rulesOfficial source

CRITICAL

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.

Court-level rulesOfficial source

CRITICAL

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.

Court-level rulesOfficial source

CRITICAL

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.

Court-level rulesOfficial source

CRITICAL

Judgment Orders, Show Cause Orders, and Body Attachments must be submitted to the Clerk for the Judge's signature within 5 days of the ruling.

All Judgment Orders, Show Cause Orders, and Body Attachments prepared by Attorneys or parties subsequent to hearing shall be submitted to the Clerk for signature of the Judge within five (5) days of the ruling thereon.

Court-level rulesOfficial source

CRITICAL

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.

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.

Judge Amanda McClendon

CRITICAL

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 colleague agree to hear a motion earlier than the two weeks for emergency purposes.

Judge Amanda McClendon

CRITICAL

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.

Judge Bethany Peery Glandorf

CRITICAL

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.

Judge Bethany Peery Glandorf

CRITICAL

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 hearing

Judge Bethany Peery Glandorf

CRITICAL

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

Judge Bethany Peery Glandorf

CRITICAL

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.

Judge Bethany Peery Glandorf

CRITICAL

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.

Judge Bethany Peery Glandorf

CRITICAL

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.

Judge Bethany Peery Glandorf

CRITICAL

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

Judge Bethany Peery Glandorf

CRITICALCivil cases

Requests for production of documents must be supplemented at least 45 days before trial.

REQUESTS FOR PRODUCTION OF DOCUMENTS SHALL BE SUPPLEMENTED AT LEAST 45 DAYS PRIOR TO TRIAL.

Judge Corletra Mance

CRITICALCivil casesProposed or draft document; may not be in force

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.

Judge David Briley

CRITICALCivil casesProposed or draft document; may not be in force

Deadline
3 business days

Proposed jury instructions and the verdict form should be provided to the Court no later than three (3) business days in advance of 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.

Judge David Briley

CRITICALCivil casesProposed or draft document; may not be in force

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).

Judge David Briley

CRITICALCivil casesProposed or draft document; may not be in force

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.

Judge David Briley

CRITICALCivil cases

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.

Judge Lynne Ingram

CRITICAL

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.

Judge Stephanie Williams
Common questions about Circuit Court for Davidson County, Tennessee filing timing and cure windows rules

What filing deadlines does Circuit Court for Davidson County, Tennessee set?

Circuit Court for Davidson County, Tennessee: The clerk must receive payment and a copy of the fax cover sheet no later than 10 calendar days after the fax filing.

View ruleOfficial source Source: page 1, section RULE 5A.04: FACSIMILE SERVICE CHARGE

Judge Stephanie Williams: Motions to amend a status conference order must be filed within 5 business days; late motions are denied without a hearing.

View ruleOfficial source Source: page 25, section B. STATUS CONFERENCE ORDERS

Judge Bethany Peery Glandorf: Respondent must file a Firearms Declaration with the Circuit Court Clerk within 48 hours of issuance of an Order of Protection.

View ruleOfficial source Source: page 27, section Orders of Protection

61 more rules answer this question.

When is a filing treated as filed in Circuit Court for Davidson County, Tennessee?

Circuit Court for Davidson County, Tennessee: The rule uses a midnight cutoff and treats filing as same day if before cutoff. On a day the clerk’s office is open for filing, a fax received after 4:30 p.m. but before midnight local time is deemed filed that business day.

View ruleOfficial source Source: page 1, section RULE 5A.03: EFFECT OF FACSIMILE FILING

Judge Bethany Peery Glandorf: The rule states a 12:00 PM filing cutoff. 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.

Judge Stephanie Williams: The rule states a 4:30 PM filing cutoff. 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.

View ruleOfficial source Source: page 45, section Termination of Parental Rights & Adoption Matters

12 more rules answer this question.

What filing deadlines apply to exhibits filings in Circuit Court for Davidson County, Tennessee?

Exhibits for virtual appearances should be pre-filed with the Clerk at least three business days before the hearing.

View ruleOfficial source Source: page 8, section RULE 15. ALLOWANCE OF VIRTUAL APPEARANCES ON CIVIL DOCKETS

What filing deadlines apply to motion in limine filings in Circuit Court for Davidson County, Tennessee?

Judge Amanda McClendon: 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.

View ruleOfficial source Source: page 3, section IV. Trial Procedures / C. Motions in Limine