Hamilton County Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Affirmative relief pleading

A surety must execute a cost bond in substantially the prescribed form for every pleading seeking affirmative relief, including counterclaims, cross-claims, and third-party complaints.

For every pleading which seeks affirmative relief (including counterclaims, cross-claims, and third-party complaints) a surety shall execute a bond for costs in substantially the following form:

CRITICALCivil cases

Applies to

Agreed final order of divorce

Must include

signature block

All counsel of record and any self-represented litigant must sign an agreed Final Order of Divorce.

All counsel of record and any self-represented litigant must sign any agreed Final Order of Divorce.

CRITICALCivil cases

Applies to

Verified statement of income

When support is at issue, both parties must file and serve a Verified Statement of Income at least 10 days before trial or a hearing before a Master; expenses are included only in the specified circumstances.

In all domestic relations cases in which support is an issue, at least ten (10) days before trial or hearing before a Master, both parties shall file with the Court and, by email or by hand, serve opposing counsel or pro se party a Verified Statement of Income (and Expenses, if necessary) stating all income (and expenses, if necessary) as of the date of execution. A party shall include on the aforementioned verified statement information concerning expenses only if: i) alimony is sought or resisted; ii) a deviation from child support guidelines is sought; or iii) it is contended the income statement is not representative of future income.

CRITICAL

Applies to

Written motion for acceptance nunc pro tunc

If the clerk does not receive the entire email filing, the sender may seek acceptance nunc pro tunc by written motion accompanied by the original email, its PDF attachment, and the sender’s affidavit detailing the attempted filing.

However, if an email filing is not received in its entirety by the clerk, the sender may move acceptance nunc pro tunc by filing a written motion with the Court. The motion shall be accompanied by the original email and .pdf attachment that was the subject of the attempted email filing, and an affidavit of the sender detailing the facts concerning the attempted email filing.

CRITICALCivil cases

Applies to

Waiver request

A request to waive procedures or time requirements must cite the statutory authority and state the circumstances justifying relief in a motion or proposed order.

Anyone seeking waiver shall, in a motion or proposed order, cite the statutory authority thereof and state the circumstances justifying relief.

CRITICALCivil cases

Applies to

Ex parte motions and papers

Must include

certificate of service

Ex parte motions and other papers must contain a certificate of service identifying the interested parties served and stating the date of service.

In ex parte matters, copies of motions and other papers shall be mailed to interested parties. Such papers must contain a certificate of service that includes the name and address of the interested parties served and the date of service.

CRITICALCivil cases

Applies to

Order authorizing deposit

A request to invest deposited funds in an interest-bearing account must be specifically stated in the order authorizing the deposit.

Requests for investment of deposited funds into an interest-bearing account must specifically be stated in the order authorizing the deposit.

CRITICALCivil cases

Applies to

Sworn statement in lieu of final accounting

A Sworn Statement in Lieu of Final Accounting must comply with statutory requirements and state the estate’s gross taxable value.

Sworn Statements in Lieu of Final Accounting shall comply with all the requirements of the statutes and shall state the gross taxable value of the estate.

CRITICAL

Applies to

Sent email

The sender must retain the sent email during the action in case the Court or a party requests proof of it.

The sender shall also retain their “sent email” during the pendency of the action in the event proof of the sent email is requested by the Court or any party to the action.

CRITICALCivil cases

Applies to

Annual report

If an annual accounting is not required, an Annual Report must be filed each year, and the Clerk will send notice when it is due.

If an annual accounting is not required, an Annual Report shall be required each year and the Clerk shall send notice when the Annual Report is due.

CRITICAL

Applies to

Original document

If an original is scanned for an email filing, the sender must retain it during the action and produce it upon request; failure to produce it may result in the filing being struck.

If an original document is scanned as part of the email 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 email filing.

CRITICALCivil cases

Applies to

Physician or psychologist statement

If available, the required verified physician or psychologist statement must be filed with the petition or, if unavailable then, before or at the hearing.

A verified statement for a physician or psychologist in accordance with Tenn. Code Ann. § 34-3-105 shall be filed, if available, with the petition or, if not then available, before or at the hearing.

CRITICALCivil cases

Applies to

Motion or response

A motion or response that may require resolution of a legal issue must be accompanied by a memorandum of law.

A memorandum of law shall accompany every motion or response which may require the resolution of an issue of law.

CRITICALCivil cases

Applies to

Receipt or ledger

Before releasing funds, the Clerk may request specified identification, and a receipt or ledger for the funds must be signed.

Before funds will be released by the Clerk, a driver’s license, passport, birth certificate, social security card, and/or taxpayer identification number may be requested by the Clerk, and a receipt or ledger for the funds must be signed.

CRITICALCivil cases

Applies to

Master report

The Clerk and Master must file a written report of findings and actions on the listed matters.

The Clerk and Master shall file a written report of findings and actions on the above matters.

CRITICALCivil cases

Applies to

Memorandum

The LRCP 10.01(f) memorandum must have the Child Support Guidelines Worksheet attached.

vii. The amount of child support sought (Child Support Guidelines Worksheet must be attached).

CRITICALCivil cases

Applies to

Motion

After a general appearance, counsel may withdraw only for good cause by motion and court order.

Once counsel has made a general appearance, counsel may not withdraw except for good cause, by motion and order of the Court.

CRITICALCivil cases

Applies to

Motion for court conference

Must include

local rule certificate

If the parties cannot agree after the ESI conference, a party may move for a court conference, and the motion must include a compliance certification, a specific description of the dispute, and each party’s proposed approach to discovery.

If the parties cannot agree after the above conference, then a party may move for a conference with the Court, including in the motion a certification of compliance with this local rule, a specific description of what is in dispute, and how each party proposes to conduct such discovery.

CRITICALCivil cases

Applies to

Memorandum

The LRCP 10.01(f) memorandum must include the listed certifications and information about the requested relief and proposals.

i. Certification that the party’s Local Rule 10 statements have been filed _______initial ii. Client seeks (please select one): divorce, legal separation, separate maintenance or to remain married ____________ iii. Whether grounds can be stipulated to avoid proof (T.C.A. §36-4-129) ____________ iv. The names and ages of any children of the parties ________________ ________________ _________________ _______________ v. Whether the party seeks primary residential parent status of the child or children ____________ vi. The amount and specific times of parenting time ____________ ________________________________________________________________________ vii. The amount of child support sought (Child Support Guidelines Worksheet must be attached). ____________ viii. The amount $ _____________ and type of alimony sought ____________ ix. The amount of attorney’s fee sought ____________ x. Certification that the above proposals were submitted to opposing counsel at least ten (10) days before trial.

CRITICALCivil cases

Applies to

Notice of appeal

Must include

certificate of service

The notice of appeal’s accompanying certificate of service must reflect service on the court reporter, if any.

Any notice of appeal from a judgment of the Court shall be served on the court reporter, if any, and the certificate of service accompanying the notice shall so reflect.

CRITICALCivil cases

Applies to

Proposed jury verdict forms

At least ten (10) business days before trial, the party first demanding a jury shall file a proposed jury charge on any issue not addressed by the Tennessee Pattern Instructions and proposed jury verdict forms.

At least ten (10) business days before trial, the party first demanding a jury shall file a proposed jury charge on any issue not addressed by the Tennessee Pattern Instructions and proposed jury verdict forms.

CRITICALCivil cases

Applies to

Proposed jury charge

The party who first demanded a jury must file a proposed charge for issues not addressed by the Tennessee Pattern Instructions at least ten business days before trial.

At least ten (10) business days before trial, the party first demanding a jury shall file a proposed jury charge on any issue not addressed by the Tennessee Pattern Instructions

CRITICALCivil cases

Applies to

Alimony pendente lite motion

An alimony pendente lite hearing may be heard only on a motion accompanied by a Verified Statement of Income and Expenses.

Pendente lite hearings for alimony shall be heard only on motion accompanied by a Verified Statement of Income and Expenses.

CRITICALCivil cases

Applies to

Proposed order or objection

Must include

certificate of service

A proposed order or objection filed under the rule must include a certificate stating that it was served by hand or email on opposing counsel or the pro se party.

Any proposed order and/or objection filed under this rule must contain a certificate of service indicating that the proposed order and/or objection was served by hand or email to the adversary counsel (and/or pro se party).

CRITICALCivil cases

Applies to

Affidavit

If a party fails to file the required verified statement, the other party must file and serve an affidavit with a good-faith income estimate at least 4 days before trial or a hearing before a Master.

If a party fails to file the aforementioned verified statement as required herein, the other party shall file with the Court and, by email or by hand, serve opposing counsel or pro se party an affidavit containing a good-faith estimate of the income of the noncompliant party at least four (4) days prior to trial or hearing before a Master.

CRITICAL

Applies to

Email filing

Each email filing must include a cover sheet with the listed case, filing, sender, and date information; it may also include concise instructions or comments to the clerk.

(3) Any email filing shall be accompanied by the uniform cover sheet set forth in Section D below, stating: the caption of the case; the trial court docket number; the title of the email filing; the number of pages of the email filing (including the cover sheet); the sender’s name, address, voice telephone number, and email address; and the date of the email filing. The cover sheet may also contain clear and concise instructions or additional comments to the clerk concerning the email filing.

CRITICALCivil cases

Applies to

Transcript

The hearing transcript must be filed with the Clerk for preparation and filing of the Master’s Report under Rule 53.04(1).

This transcript shall be filed with the Clerk for preparation of the Master’s Report and filing pursuant to Rule 53.04(1) of the Tennessee Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Proposed order and objection

After a proposed order is lodged under this procedure, opposing counsel or the pro se party must file specific objections and their own proposed order marked “PROPOSED” at the top.

Thereafter, adversary counsel (and/or pro se party) shall file with the Court specific objections as well as their own proposed order bearing the word “PROPOSED” at the top of the order.

CRITICALCivil cases

Applies to

Motion

A motion that lacks proper authority or cites only Tennessee Rule 7.02 will be stricken.

Motions not citing proper authority or citing only Rule 7.02 of the Tennessee Rules of Civil Procedure shall be stricken.

CRITICALCivil cases

Applies to

Motion or response

Only the relevant portions of discovery materials used to support a motion for dismissal, judgment on the pleadings, or summary judgment—or a response to one—may be filed.

Only the relevant portion(s) of any discovery materials used to support a motion for dismissal, judgment on the pleadings, or summary judgment or response thereto shall be filed.

CRITICALCivil cases

Applies to

Proposed permanent parenting plan

Each party and, if necessary, any guardian ad litem must file and serve a proposed permanent parenting plan at least 10 days before trial or a hearing before a Master if it differs from the previously filed plan.

In all contested domestic relations cases in which parenting is at issue, at least ten (10) days before trial or hearing before a Master, each party (and, if necessary, any guardian ad litem) shall file with the Court and, by email or by hand, serve opposing counsel or pro se party a proposed permanent parenting plan (if different from the proposed parenting plan previously filed pursuant to Tenn. Code Ann. § 36-6-404(c)(3)).

CRITICALCivil cases

Applies to

Brief

A brief citing a foreign case must attach a copy of the case, or the Court may disregard that authority.

Any brief that cites a foreign case shall have a copy of the case attached or the Court may disregard the authority.

CRITICALCivil cases

Applies to

Motion

Every motion must be in writing and cite authority for the requested relief.

All motions shall be in writing and cite the rule, statute, or other authority for the relief sought.

CRITICALCivil cases

Applies to

Email filing

Must include

caption, page count, case number

Every email filing must include the prescribed cover sheet with the case caption and docket number, filing title and page count, sender contact information, filing date, and clear, concise filing instructions.

Any email filing shall be accompanied by the uniform cover sheet set forth in Section D below, stating: the caption of the case; the trial court docket number; the title of the email filing; the number of pages of the email filing (including the cover sheet); the sender’s name, address, voice telephone number, and email address; and the date of the email filing. The cover sheet shall also contain clear and concise instructions as to the email filing.

CRITICALCivil cases

Applies to

Order

Unless other matters are pending, orders approving an accounting, real-estate sale, or similar matter must close the matter pending further proceedings and assess costs.

Unless other matters are pending, orders approving accounting, sale of real estate, or similar matters shall include provisions closing the matter pending further proceedings and assessing costs.

CRITICALCivil cases

Applies to

Memorandum

Each party in a contested divorce must file a memorandum at least 10 days before trial or a hearing before a Master.

In all contested divorce cases, at least ten (10) days before trial or hearing before a Master each party shall file with the Court a memorandum.

CRITICALCivil cases

Applies to

Final accounting

A final accounting cannot be waived if a residuary beneficiary is under a disability or the estate is insolvent.

If a residuary beneficiary is under a disability or the estate is insolvent, a final accounting cannot be waived.

CRITICALCivil cases

Applies to

Motion

Notice of the date and time of the hearing shall be placed on the motion.

Notice of the date and time of the hearing shall be placed on the motion.

CRITICALCivil cases

Applies to

Trial witnesses and exhibits

Witnesses and exhibits not identified as required by the rule may not be used at trial unless the Court allows otherwise.

Witnesses and exhibits not identified in compliance with this rule shall not be utilized at trial, unless otherwise allowed by the Court.

CRITICALCivil cases

Applies to

Papers required to be served

Must include

certificate of service

Papers required to be served after suit begins must contain a certificate of service with the required service information.

After suit is commenced, all papers required to be served on a party by any person except the Clerk shall contain a certificate of service that recites the name and address of each person served and the date and method of service.

CRITICALCivil cases

Applies to

Petition

A separate petition must be filed for each respondent.

A separate petition must be filed for each respondent.

CRITICALCivil cases

Applies to

Exhibit list

The trial exhibit list must include rebuttal exhibits.

(2) An exhibit list, including rebuttal exhibits.

CRITICALCivil cases

Applies to

Probate claim

Probate claims must be verified and include any supporting documents required by statute.

Verified claims must be filed with the Clerk in triplicate with any required supporting documents as provided by statute.

CRITICALCivil cases

Applies to

Order authorizing sale

Unless the Court directs otherwise, orders for sale must state the sale location and method and include the specified property identifiers and description.

Unless otherwise specifically directed by the Court, all orders for the sale of property shall: (a) state that the sale will be held on the western side of the Hamilton County Courthouse by public outcry to the highest bidder for cash, and (b) include the following information: (1) map-parcel-group number, (2) street address or, with a statement that no street address is available, designation of the nearest intersection of public streets or roads, and (3) complete legal description of the property.

CRITICAL

Applies to

Email filing

Must include

page count, case number

Every email filing must include a cover sheet as the first page of its PDF attachment with the specified court, case, document, sender, date, and page-count information; filing instructions or comments are optional.

Every email filing must contain the following information in the form of a coversheet, which shall be included as the first page of the email filing .pdf attachment: COURT NAME & DIVISION/PART: _____ CLERK'S EMAIL FILING ADDRESS: _____ CASE NAME: _____ DOCKET NUMBER: _____ TITLE OF DOCUMENT: _____ FROM (SENDER): _____ DATE SENT: _____ SENDER'S EMAIL ADDRESS: _____ SENDER'S POSTAL MAILING ADDRESS: _____ SENDER'S VOICE TELEPHONE NUMBER: _____ TOTAL PAGES, INCLUDING COVER PAGE: _____ OPTIONAL FILING INSTRUCTIONS/COMMENTS (attach additional sheet if necessary): _____

CRITICALCivil cases

Applies to

Motion response brief or memorandum

A filing that refers to a transcript or deposition must identify and attach the relevant pages.

Any motion, response, brief, or memorandum of law that makes reference to a transcript or deposition shall specify the relevant page(s) of the transcript or deposition and attach those pages.

CRITICALCivil cases

Applies to

Jury demand and subsequent filings

After a jury is demanded, the demand and all later filings must display “JURY DEMAND” in capital letters in the caption above the case number.

When a jury is demanded in accordance with Rule 38 of the Tennessee Rules of Civil Procedure, the document demanding a jury and all subsequent documents filed in the case shall bear the words “JURY DEMAND” in capital letters in the caption of the case above the space for the case number.

CRITICALCivil cases

Applies to

Nunc pro tunc motion

If the Clerk does not receive the complete email filing, the sender may seek nunc pro tunc acceptance by written motion with the original email, its PDF attachment, and a sender affidavit; the Court may grant filing nunc pro tunc in its discretion.

However, if an email filing is not received in its entirety by the Clerk, the sender may move acceptance nunc pro tunc by filing a written motion with the Court. The motion shall be accompanied by the original email and .pdf attachment that was the subject of the attempted email filing, and an affidavit of the sender detailing the facts concerning the attempted email filing. The Court, in its discretion, may order filing of the original document nunc pro tunc.

CRITICALCivil cases

Applies to

Guardian ad litem report

The guardian ad litem report must include information required by statute and the rules, plus any additional information the Court requires or the guardian ad litem deems necessary.

The report shall contain the information required by statute and these rules and such additional information as the Court may require or the guardian ad litem deems necessary.

CRITICALCivil cases

Applies to

Surrender documents

In Chancery Court, the Clerk’s office must review all surrender documents before the surrender occurs.

In Chancery Court, all surrender documents shall be reviewed by the Clerk’s office before the surrender occurs.