Hamilton County Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Answer or initial responsive pleading

Parts VI and VIII of the Civil Case Cover Sheet must be completed and accompany every answer or other initial responsive pleading.

Parts VI and VIII of a Civil Case Cover Sheet shall be completed and accompany every answer or other initial responsive pleading.

CRITICALCivil cases

Applies to

Appointment order

Every order appointing a guardian or conservator must contain information required by statute and the rules, including the ward’s full name and date of birth.

All orders appointing a guardian or conservator shall contain the information required by appropriate statute and these rules, including the ward’s full name and date of birth.

CRITICALCivil cases

Applies to

Verified financial statement and proposed division of marital estate

Each party in a contested divorce must file and serve a Verified Financial Statement and Proposed Division of Marital Estate at least 10 days before trial or a hearing before a Master, including assets or liabilities alleged to be separate property.

In all contested divorce cases, at least ten (10) days before trial or hearing before a Master each party shall file with the Court and, by email or by hand, serve opposing counsel or pro se party a Verified Financial Statement And Proposed Division of Marital Estate. The aforementioned verified statement shall include any asset or liability the party alleges is separate property.

CRITICALCivil cases

Applies to

Family law mediation documents

The exchanged mediation documents must state that they are inadmissible in court and are for settlement negotiation purposes only.

Pursuant to the applicable mediation statues, these documents shall not be admissible in court and shall be used for settlement negation purposes only. These documents shall contain a statement to that effect.

CRITICALCivil cases

Applies to

Final accounting

The final accounting must include the personal representative’s certificate confirming distribution under the admitted instrument or, in intestate cases, the laws of descent and distribution.

The final accounting shall bear a certificate of the personal representative that the estate has been distributed in accordance with the instrument admitted to probate, or, in intestate cases, in accordance with the laws of descent and distribution.

CRITICALCivil cases

Applies to

Temporary parenting hearing filings

Before a temporary parenting hearing, each party must file a proposed temporary parenting plan, a Verified Statement of Income, and a verified good-faith and best-interest statement.

In all contested domestic relations cases in which parenting is at issue, prior to any temporary parenting hearing before the Court or a Master, as required by Tenn. Code Ann. § 36-6-403(2), each party shall file a proposed temporary parenting plan, a Verified Statement of Income, and a verified statement that the plan is proposed in good faith and is in the best interest of the child.

CRITICALCivil cases

Applies to

Child support pendente lite motion

A child-support pendente lite hearing may be heard only on a motion containing the specified parenting-time and household information, a Verified Statement of Income, and a good-faith estimate of the non-custodial party's income.

PENDENTE LITE HEARINGS. (a) Pendente lite hearings for child support shall be heard only on motion that includes the amount of time that the child spends with each party, and the number of persons who reside with each party, a Verified Statement of Income, and a good-faith estimate of the income of the non- custodial party. If the non-custodial party

CRITICALCivil cases

Applies to

Extraordinary relief complaint

Complaints seeking the specified extraordinary relief must first be filed with the Clerk and verified; otherwise, they must be accompanied by an affidavit stating the facts justifying the relief.

Complaints for writs of certiorari, writs of attachment, restraining orders, or other extraordinary relief shall be first filed with the Clerk and verified. Otherwise, they must be accompanied by affidavit setting forth the facts justifying the relief sought.

CRITICALCivil cases

Applies to

Witness list

The trial witness list must identify all potential trial and rebuttal witnesses and include their names, addresses, and telephone numbers if known.

(1) A witness list, including names, addresses, and, if known, telephone numbers of all witnesses that may be called at trial, including rebuttal witnesses;

CRITICALCivil cases

Applies to

Initiating pleading

Every initiating pleading seeking affirmative relief must be accompanied by a fully completed Civil Case Cover Sheet.

A fully completed Civil Case Cover Sheet shall accompany every initiating pleading which seeks affirmative relief.

CRITICALCivil cases

Applies to

Appointment order

The order shall also require or, with the requirement of an annual report, waive an inventory and property management plan within sixty (60) days and an annual accounting.

The order shall also require or, with the requirement of an annual report, waive an inventory and property management plan within sixty (60) days and an annual accounting.

CRITICALCivil cases

Applies to

Original document

After email filing, the original document need not be filed; if it was scanned for filing, the sender must retain it during the action and produce it upon request by the Court or a party.

The filing of the original document shall not be required after email filing. 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.

CRITICALCivil cases

Applies to

Verified statement of income

If the non-custodial party contests the estimate, that party must file and serve their own Verified Statement of Income with supporting documentation within 5 business days after receiving the motion.

If the non-custodial party contests any such estimate, within five (5) business days after receipt of the motion from the custodial party, that party shall file and serve his or her own Verified Statement of Income with supporting documentation.

CRITICALCivil cases

Applies to

Verified statement of income and expenses

A non-moving party contesting alimony must file a Verified Statement of Income and Expenses within 5 business days after receiving the motion.

Within five (5) business days after receipt of the motion, the non-moving party contesting alimony shall file a Verified Statement of Income and Expenses.

CRITICALCivil cases

Applies to

Petition to probate or administer estate

A verified petition to probate a testamentary instrument or administer an intestate estate must include information required by statute and these rules, including specified information about legatees, devisees, the surviving spouse, and next of kin.

A verified petition to probate a will, codicil, or other testamentary instrument or administer an intestate estate shall set forth such information as is required by statute and these rules. This information shall include the names, addresses, relationships of all legatees and devisees under the testamentary instruments, and the names of the surviving spouse and next of kin.

CRITICALCivil cases

Applies to

Surrender

A separate surrender must be conducted for each child.

There shall be a separate surrender for each child.

CRITICALCivil cases

Applies to

Objections

Objections must be supported by the Master’s proceeding transcript and identify their grounds through specific transcript references, except for matters stipulated under LRCP 12.06.

Objections shall be supported by a transcript of proceedings before the Master and shall state specifically the grounds for the objections by specific references to the transcript, except in matters stipulated pursuant to LRCP 12.06.

CRITICALCivil cases

Applies to

Response

Responses are permitted but generally optional; responses to motions citing Tennessee Rules 12, 26 through 37, or 56 are required.

Responses to motions are allowed but not required, except responses to motions citing Rules 12, 26 through 37, and 56 of the Tennessee Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Adoption petition

Petitioners adopting non-sibling children must file a separate verified petition, obtain a separate docket number, and obtain a separate final order for each child.

Petitioners seeking to adopt non-sibling children must file separate verified petitions for each child, with separate docket numbers and separate final orders in each case.

CRITICALCivil cases

Applies to

Mediation materials

Both parties must make a good-faith effort to exchange the listed financial materials at least one day before mediation and no later than the mediation date; the source text ends mid-list.

Both parties shall make a good-faith effort to exchange at least one (1) day prior to mediation, and no later than the date of mediation, asset and liability statements, income and expense statements, proposed division of

CRITICALCivil cases

The specified documents must state that they are inadmissible in court and are for settlement negotiations only.

These documents shall contain a statement to that effect.

CRITICALCivil cases

Applies to

Parenting plan

A parenting plan must be filed with the original complaint or petition and, if disputed, with the answer.

Must file parenting plans with the original complaint or petition and, if disputed, the answer.

CRITICALCivil cases

Applies to

Small estate petition

A death certificate for the decedent must be filed with a small-estate petition.

The death certificate of the Decedent shall be filed with the petition.

CRITICALCivil cases

Applies to

Trial brief

Parties must submit contested issues of law and supporting authority in writing at least ten business days before trial, and any Trial Brief must concisely state the issues and law with citations.

At least ten (10) business days before trial, the parties shall submit to the Court in writing any contested issues of law to be addressed by the Jury or the Court together with citations of authority and/or briefs. A Trial Brief shall be a concise statement of the issues and law supported by appropriate citations.

CRITICALCivil cases

Applies to

Petition

Each conservatorship or guardianship petition must be submitted with the specified guardian ad litem and hearing-date orders.

Orders appointing or waiving a guardian ad litem, setting a hearing date, and providing for the duties of the guardian ad litem shall be submitted with each petition for conservatorship or guardianship.

CRITICALCivil cases

Applies to

Order confirming sale

Unless the Court directs otherwise, orders confirming real-property sales must include the specified exhibit, grantee and tax-bill information, and applicable disbursement directions.

Unless otherwise specifically directed by the Court, all orders confirming the sale of property shall: (a) attach as an exhibit expressly incorporated in the order by reference the property description required by LRCP 18.02(b); (b) contain the address of each grantee; (c) contain the name and address for the mailing of tax bills; and (d) direct the Clerk to make the following disbursements, where applicable: (1) appraisal fees; (2) attorney fees; (3) brokerage fees; (4) claims or encumbrances such as mortgages, notes, and liens; (5) closing costs; (6) commissions on real estate; (7) court costs; (8) court reporter fees; (9) deed preparation and filing (10) delinquent taxes; (11) guardian ad litem fees; (12) property insurance prorated (13) recording fees; (14) rents prorated to closing date; (15) revenue stamps; (16) survey fees; (17) taxes prorated current to closing date; (18) title insurance ordered and paid for; and (19) balance of funds to listed recipients with their complete names, addresses, social security numbers, and percentage of balance of funds to each.

CRITICALCivil cases

Applies to

Order for payment of costs

An order for payment of costs must be rendered jointly against the party and any sureties.

Orders for payment of costs shall be rendered jointly against the party and the party’s sureties, if any.

CRITICALCivil cases

Applies to

Verified statement of income

The verified statement identifies LRCP 10.01 and includes the signer’s certification that its information is current and correct.

This verified statement is submitted pursuant to LRCP 10.01. By signing this statement below, I hereby certify that the information contained herein is current and correct.

CRITICALCivil cases

Applies to

Order directing investment

Orders directing investment of funds must include each owner’s full legal name and address, and orders pertaining to minors must state the minor’s birth and majority dates.

All orders directing investment of funds shall contain the full legal name and address of each person or entity to whom the funds belong. Orders pertaining to minors shall state the dates of the minor’s birth and majority.

CRITICALCivil cases

Applies to

Brief

Briefs must be filed in cases heard on the record from an administrative tribunal or agency.

Briefs must be filed in all cases heard by the Court upon the record from an administrative tribunal or agency.

CRITICALCivil cases

Applies to

Email filing

Every email filing must include a cover sheet as the first page, containing the specified filing and sender 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

Petition

A conservatorship petition must be verified and include the information required by statute and the rules.

The petition shall be verified and shall contain the information required by statute and these rules.

CRITICALCivil cases

Applies to

Sale advertisement

Advertisements of real-property sales must include the street address, if available, and the description required by LRCP 18.02(b).

The Clerk, in advertising the sale of real property, shall set out the street address, if available, as well as the description as set forth in LRCP 18.02(b).

CRITICALCivil cases

Applies to

Complaint

Complaints in actions to sell real property must include the property's complete legal description and street name and number.

Complaints seeking a sale by partition, general lienor’s suits, and all other actions to sell real property shall set forth the complete legal description and the street name and number of the property.

CRITICALCivil cases

Applies to

Hearing procedure

Before the hearing, the parties must either stipulate in writing that the Master’s findings of fact will be final or employ a court reporter to attend and prepare a transcript.

The parties shall either i) stipulate in writing prior to the hearing that the Master’s findings of fact shall be final or ii) employ a court reporter to attend the hearing and prepare a transcript of the proceeding.

CRITICALCivil cases

Applies to

Final order

Every final order must provide for the assessment of court costs.

All final orders shall provide for the assessment of court costs.

CRITICALCivil cases

Applies to

Petition

The petitioner must list the names and addresses of everyone who must receive notice.

Petitioner shall list the names and addresses of all persons to whom notice is required.

CRITICALCivil cases

Applies to

Proposed child support worksheet

The parties must also file a proposed Child Support Worksheet.

The parties shall also file a proposed Child Support Worksheet.

CRITICALCivil cases

Applies to

Annual report

The Annual Report must describe the ward’s condition and location and include other information requested by the Clerk or required by law, including caregiver identity and relationship if applicable.

The Annual Report shall contain information as to the condition and location of the ward as well as other information as may be requested by the Clerk, such as the identity and relation, if any, of the caregiver to the ward, and required by law.

CRITICALCivil cases

Applies to

Order or judgment

Unless the Court orders otherwise, the prevailing party’s counsel or pro se party must prepare the order or judgment, except that the Clerk prepares the specified orders in probate cases.

Unless otherwise ordered, in every case or motion disposed of by an oral ruling of the Court, counsel for the prevailing party (or the prevailing pro se party) shall prepare the order or judgment, and the Clerk shall prepare, in probate cases, orders confirming reports of the Master on accountings and settlements, authorizing the initial issuance of letters, and referring exceptions to claims, year’s support, homestead, exempt property, and elective share to the Master.

CRITICALCivil cases

Applies to

Sworn statement in lieu of final accounting

A Sworn Statement in Lieu of Final Accounting is required even when accountings are waived.

A Sworn Statement in Lieu of Final Accounting is required even if accountings are waived.

CRITICALCivil cases

Applies to

Proposed temporary parenting plan

Unless the Court grants an expedited hearing, each party and, if necessary, any guardian ad litem must file and serve the proposed temporary parenting plan at least 10 days before the hearing.

Unless an expedited hearing is granted by the Court, at least ten (10) days before any temporary parenting hearing before the Court or 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 the proposed temporary parenting plan.

CRITICALCivil cases

Applies to

Notice of association

Pro se litigants recorded in TnCIS on a case must be registered Authorized Users in ECF and have previously filed a Notice of Association that links the ECF user account to the TnCIS participant ID.

Pro se litigants recorded in TnCIS on a case must be registered Authorized Users in ECF and have previously filed a Notice of Association that links the ECF user account to the TnCIS participant ID.

CRITICALCivil cases

Applies to

Divorce agreement and parenting plan

All parties must execute and submit a Marital Dissolution Agreement and, when applicable, a Permanent Parenting Plan that includes a Child Support Worksheet.

All parties must execute and submit a Marital Dissolution Agreement and, where applicable, a Permanent Parenting Plan, including a Child Support Worksheet.

CRITICALCivil cases

Applies to

Approval petition

Petitions for approval of the listed matters and similar matters must be filed with the Clerk before presentation to the Judge for approval.

Petitions for the approval of workers’ compensation claims, minors’ claims, name changes, and other similar matters shall be filed with the Clerk before being presented to the Judge for approval.

CRITICALCivil cases

Applies to

Pleading

Must include

certificate of service

Each filed pleading must include a Certificate of Service.

All Authorized Users must include a Certificate of Service on each pleading filed just as if it had been filed on paper.

CRITICALCivil cases

Applies to

Marked exhibit list

The parties must file a list of marked exhibits no later than the morning of trial.

The parties shall file a list of any marked exhibits no later than the morning of trial.

CRITICALCivil cases

Applies to

Pleadings and other papers

Pleadings and other papers must include the filing attorney’s or pro se litigant’s current email address and phone number; litigants are encouraged to monitor the email address because the Clerk may use the listed contact information to communicate with them.

In addition to the identifying information that Rule 11.01 of the Tennessee Rules of Civil Procedure requires, pleadings and other papers shall bear the most current email address and telephone number of the filing attorney or pro se litigant. Attorneys and pro se litigants are encouraged to regularly check that email address over the course of any litigation, as the Clerk may attempt to use that email address and/or phone number to communicate with the parties.

CRITICALCivil cases

Applies to

Document bearing an attorney’s or pro se E-Filer’s signature

For all other documents that generally include an attorney’s or pro se E-Filer’s signature the following pattern must be used: /s/ John Doe (Authorized User’s name), TN BPR #0000 (if an attorney) 123 Main Street (Authorized User’s street address) City, State, Zip Code

For all other documents that generally include an attorney’s or pro se E-Filer’s signature the following pattern must be used: /s/ John Doe (Authorized User’s name), TN BPR #0000 (if an attorney) 123 Main Street (Authorized User’s street address) City, State, Zip Code

WARNINGCivil cases

Applies to

Proposed order

If the parties cannot resolve order-content disputes, or a party does not respond within five business days of email service, a party may lodge a proposed order marked “PROPOSED” at the top.

If counsel (and/or pro se party) are unable to resolve their differences concerning the contents of the order, or if counsel (and/or pro se party) fails to respond or otherwise approve or reject the order within five (5) business days of email service of the order, counsel (and/or pro se party) may lodge a proposed order with the Court bearing the word “PROPOSED” at the top of the order.