Circuit Court for Davidson County, Tennessee Service and Proof of Service Rules
38 rules from official source documents
E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Circuit Court for Davidson County, Tennessee; use the court rules overview to switch categories without leaving this court.
- Deadline
- 7 calendar days
- Service
- Other to opposing party
Proposed orders must be served on opposing counsel within 7 calendar days of the court's ruling.
All proposed orders must be filed with the Clerk and served on opposing counsel within 7 calendar days of the court’s ruling.
- Service
- Other to other
Notice must also be given to guardians or custodial parents of minor or incompetent Interested Parties and to conservators or attorneys in fact of adult Interested Parties.
If an Interested Party is a minor or incompetent person, Notice must also be given to the minor's legal guardian or guardians or custodial parent or parents and to the adult person's conservator or attorney in fact under a power of attorney.
- Service
- Electronic service
Parties using e-service must confirm that Interested Parties are enrolled to receive e-service; non-enrolled parties must be served by another approved method.
When relying on e-service as a means of providing Notice, parties are responsible for confirming whether an Interested Party is enrolled to receive e-service. Another approved method of Notice must be used for Interested Parties who are not enrolled to receive e-service.
- Service
- Electronic service
E-service is not effective for documents filed under seal; another approved method of Notice must be used for sealed filings.
E-service is not an effective method of Notice for documents filed under seal. If a party files a document under seal, another approved method of Notice must be used.
- Service
- Court service
Adversary Proceedings require Service of Process and are conducted under the Tennessee Rules of Civil Procedure, the Tennessee Rules of Evidence, and the Local Rules.
Adversary Proceedings require Service of Process. The court conducts Adversary Proceedings under the Tennessee Rules of Civil Procedure, the Tennessee Rules of Evidence, and these Local Rules.
- Service
- Personal service
Petitions to probate in common form or administer intestate estates do not require Service of Process; petitions to probate in solemn form are Adversary Proceedings requiring Service of Process.
Petitions to probate testamentary instruments in common form or to administer intestate estates are not Adversary Proceedings and do not require Service of Process. Petitions to probate testamentary instruments in solemn form are Adversary Proceedings and require Service of Process.
- Applies to
- Petition
- Service
- Personal service to respondent
Petitioner must personally serve the respondent unless a guardian ad litem is appointed and agrees to serve the petition.
The petitioner must effect Service of Process on the respondent as required by statute unless a guardian ad litem is appointed and agrees to serve the petition on the respondent. See Tenn. Code Ann. § 34-1-106(a).
- Applies to
- Petition
- Service
- Other to other
Petitioner must provide notice to the respondent's closest relatives, caretakers, and any other interested parties.
The petitioner must provide Notice to the respondent’s closest relatives, defined by statute, and the person or institution having care and custody of the respondent, or with whom the respondent lives. The petitioner must also provide Notice to any other Interested Parties. See Tenn. Code Ann. § 34-1-106(b).
- Applies to
- Petition
- Service
- Personal service to respondent
Petitioner must personally serve the minor unless a guardian ad litem is appointed and agrees to serve the petition.
The petitioner must effect Service of Process on the minor as required by statute unless a guardian ad litem is appointed and agrees to serve the petition on the respondent. See Tenn. Code Ann. § 34-1-106(a).
- Applies to
- Petition
- Service
- Other to other
Petitioner must provide notice to the minor's closest relatives, caretakers, and any other interested parties.
The petitioner must provide Notice to the minor’s closest relatives, defined by statute, and the person or institution having care and custody of the minor, or with whom the minor lives. The petitioner must also provide Notice to any other Interested Parties. See Tenn. Code Ann. § 34-1-106(b).
- Applies to
- Petition to bring real property into estate
- Service
- Personal service to other
In an adversary proceeding to sell real property from an insolvent testate estate, the petitioner must serve all beneficiaries and interest-claimants and notify all interested parties.
The petitioner must effect Service of Process on all beneficiaries of the real property under the instruments admitted to probate and anyone else who claims an interest in the real property, and give Notice to all Interested Parties.
- Applies to
- Petition to bring real property into estate
- Service
- Personal service to other
In an adversary proceeding to sell real property from an insolvent intestate estate, the petitioner must serve all heirs and interest-claimants and notify all interested parties.
The petitioner must effect Service of Process on all heirs and anyone else who claims an interest in the real property, and give Notice to all Interested Parties.
- Applies to
- Petition to sell real property
- Service
- Personal service to other
Petitioner must serve all interest-claimants and notify all interested parties, including the respondent, in a conservatorship real property sale.
The petitioner must effect Service of Process on anyone who claims an interest in the real property, and give Notice to all Interested Parties, including the respondent.
- Applies to
- Petition to sell real property
- Service
- Personal service to other
Petitioner must serve all interest-claimants and notify all interested parties in a guardianship real property sale.
The petitioner must effect Service of Process on anyone who claims an interest in the real property, and give Notice to all Interested Parties.
- Service
- Other
All papers must include a certificate of service with the date and names of persons served, or the clerk may refuse to file them.
All papers must contain a certificate of service showing the date of service and the name of the person or persons served. The clerk may refuse to file papers without a certificate.
- Deadline
- 14 calendar days
- Applies to
- Pretrial motion
- Service
- Personal service to opposing party
Pretrial motions, except summary judgment motions, must be served on the opposing party with all supporting material at least 14 days before the hearing.
All pretrial motions, other than motions for summary judgment, must be filed and served on the opposing party with all supporting material, including all of the documentary evidence of the motion to the contrary, including without limitation, all affidavits, deposition excerpts, 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.
- Applies to
- Motion to set support
- Service
- Other to opposing party
The movant must provide income documentation and a sworn income/expense statement to the adverse party by 5 p.m. the Monday before the support motion hearing.
All motions to set support should include 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.
- Applies to
- Motion to set support
- Service
- Other to opposing party
The non-movant must provide a sworn income/expense statement and income documentation to the movant by 12 p.m. on the Thursday before the support motion hearing.
The non-movant shall provide a sworn income and expense statement and income documentation to the adverse party by 12:00 p.m. on the Thursday before the motion hearing.
- Deadline
- 5 business days
- Applies to
- Contempt petition
- Service
- Other to clerk
Contempt proceedings require proof of summons service filed with the Circuit Court Clerk at least five business days before the hearing.
Contempt proceedings will only be heard if the summons verifying service has been effectuated and filed with the Circuit Court Clerk at least five (5) business days before the hearing.
- Service
- Other
Movant must provide sworn income and expense statement to adverse party by 5:00 p.m. Monday before hearing; non-movant by 12:00 p.m. Thursday before 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.
- Service
- Mail to all parties
The Clerk must electronically file the status conference order and serve it by mail to all parties and counsel.
The Circuit Court Clerk’s Office shall electronically file the Domestic Status Conference Order and serve a copy of the order by mail to all self-represented litigants and counsel of record.
- Service
- Other
Status conference orders must be served according to the Tennessee Rules of Civil Procedure.
All status conference orders should be e-filed with the Davidson County Circuit Court Clerk’s Office and served according to the Tennessee Rules of Civil Procedure.
- Deadline
- 11 calendar days
- Service
- Other
Proof of service must be at least 11 days before the final hearing, unless an Agreed Order with court approval allows an earlier date.
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.
- Deadline
- 10 calendar days
- Applies to
- Order to set
- Service
- Other to other
Consenting parents must be served a copy of the order and given 10 days' notice to appear.
The consenting parents must be served a copy of the order and given the required 10 days’ notice to appear at the hearing.
- Service
- Personal service
Service of process in probate matters must be effected by serving a petition and summons under Tenn. R. Civ. P. 4.
When required by statute or these Rules, a party must effect Service of Process by serving a petition and a summons under Tenn. R. Civ. P. 4.
- Service
- Other
Notice to Interested Parties in probate matters may be given by mail, fax, e-service, email, or hand delivery.
When required by statute or these Rules, a party must give Notice to all Interested Parties by mailing, faxing, e-serving, emailing, or hand delivering the
- Service
- Other to court
The petitioner must bring to the court's attention the fact that an Interested Party under disability has no custodial parent, legal guardian, conservator, or attorney in fact.
If an Interested Party is under disability and has no custodial parent, legal guardian, conservator or attorney in fact under a power of attorney, the petitioner must bring that fact to the court's attention.
- Service
- Electronic service
Self-represented litigants and court-appointed fiduciary attorneys are not automatically enrolled for e-service; parties must take special care to ensure effective notice in such cases.
Self-represented litigants are not automatically enrolled to receive e-service. If the court appoints an attorney to serve in a fiduciary capacity, the attorney is not automatically enrolled to receive e-service. In cases involving a self-represented litigant or an attorney serving in a fiduciary capacity, parties should take special care to ensure that Notice is effective.
- Service
- Other
Notice or Service of Process is not required for an Interested Party who is also a petitioner or who files a sworn waiver or consent.
It is not necessary to serve Notice or Service of Process on an Interested Party who is also a petitioner or who files a sworn waiver or consent.
- Service
- Other to all parties
All petitions must be set for hearing under Local Rule § 39.11 unless review on record is requested, and the petitioner must serve Notice of the hearing on all Interested Parties.
All petitions must be set for hearing under Local Rule § 39.11, unless the attorney requests review on record. The petitioner must serve Notice of the hearing to all Interested Parties.
- Service
- Personal service
In probate matters, service of process is effected by serving the Petition and Summons in conformity with T.R.C.P. 4.
When required by statute or these Rules, Service of Process shall be effected by service of the Petition and a Summons in conformity with the requirements of T.R.C.P. 4 and due process requirements.
- Service
Notice to Interested Parties in probate matters must be given by mail, fax, or hand delivery in conformity with T.R.C.P. 5.
When required by statute or these Rules, Notice to all Interested Parties shall be given by mailing, faxing or hand delivery of the required documents to each Interested Party (or their attorney) in conformity with requirements of T.R.C.P. 5.
- Service
- Other
The attorney who requests a hearing setting must give notice of the hearing date and time to all Interested Parties.
Notice of the date and time the hearing is set shall be given to all Interested Parties by the attorney who applied for the setting of a hearing.
- Service
- Other
Rule 5A does not authorize service of documents by facsimile; however, amended Rule 5.02 permits service by fax if filing by fax is permitted.
Rule 5A does not authorize the service of documents by facsimile transmission. See Rule 5A.02(5) (requiring, in pertinent part, compliance with all applicable rules of court governing service of papers). Please refer to Rule 5, Tenn. R. Civ. P., for the provisions in these Rules governing the service of pleadings and other papers after the filing of the original complaint; amended Rule 5.02 permits service by fax if filing by fax is permitted.
- Applies to
- Motion to set support
- Service
- Other to court
Both parties must submit their sworn income/expense statements and income documentation to the Court at the support 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.
- Applies to
- Proposed parenting plan
- Service
- Mail to opposing party
The Proposed Parenting Plan may be served by mailing it to the adverse party's last known address, and the mailing must be reflected in a certificate of service on the Plan.
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.
- Applies to
- Proposed order
- Service
- Mail to opposing party
An Order for a resolved motion may not be submitted or mailed to the adverse party before the scheduled hearing date.
The Order may not be submitted or mailed to opposing counsel or self-represented litigant prior to the date of the scheduled motion hearing and must reference the date of the hearing.
- Applies to
- Sworn income and expense statement
- Service
- Other to court
Both parties must bring sworn income and expense statements supporting each party's income, to the Court at the time of the motion hearing.
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.
What rule applies to serving the opposing party in Circuit Court for Davidson County, Tennessee?
The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party, timing: 7 calendar days after submission. Proposed orders must be served on opposing counsel within 7 calendar days of the court's ruling.
What service or proof of service rules apply in Circuit Court for Davidson County, Tennessee?
The rule addresses service method, recipient, or timing requirements. Notice must also be given to guardians or custodial parents of minor or incompetent Interested Parties and to conservators or attorneys in fact of adult Interested Parties.
What rule applies to e-service in Circuit Court for Davidson County, Tennessee?
The rule addresses service method, recipient, or timing requirements. Details: method: e-service. Parties using e-service must confirm that Interested Parties are enrolled to receive e-service; non-enrolled parties must be served by another approved method.
What rule applies to court service in Circuit Court for Davidson County, Tennessee?
The rule addresses service method, recipient, or timing requirements. Details: method: court service. Adversary Proceedings require Service of Process and are conducted under the Tennessee Rules of Civil Procedure, the Tennessee Rules of Evidence, and the Local Rules.
What rule applies to personal service in Circuit Court for Davidson County, Tennessee?
The rule addresses service method, recipient, or timing requirements. Details: method: personal service. Petitions to probate in common form or administer intestate estates do not require Service of Process; petitions to probate in solemn form are Adversary Proceedings requiring Service of Process.
What rule applies to service for petition in Circuit Court for Davidson County, Tennessee?
The rule addresses service method, recipient, or timing requirements. Details: method: personal service, recipient: respondent. Petitioner must personally serve the respondent unless a guardian ad litem is appointed and agrees to serve the petition.
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