Hamilton County Circuit Court Document Filing Requirements

WARNINGCivil cases

Applies to

Discovery

Discovery need not be filed unless it is submitted in support of a motion.

Filing of discovery is not mandatory unless in support of a motion.

WARNINGCivil cases

Applies to

Agreed order

If the parties agree that an order accurately reflects the Court’s ruling, the prevailing party may lodge it by agreement with all required signatures or express permission.

If counsel (and/or pro se party) ultimately agree to an order that accurately reflects the Court’s ruling, counsel for the prevailing party (or the prevailing pro se party) may lodge the order by agreement, indicating approval of the order by signature of all counsel (and/or pro se party) (or signature by express permission of the adversary counsel and/or pro se party).

WARNINGCivil cases

Applies to

Forms

Various forms must be filed or lodged as required by these rules.

These rules require the filing or lodging of various forms.

WARNINGCivil cases

Applies to

Proposed order

A proposed order should be provided promptly to opposing counsel or the pro se litigant, differences should be reconciled before submission to the Court, and the order should accurately reflect the Court’s rulings.

I will submit a proposed order promptly to opposing counsel or pro se litigant and attempt to reconcile any differences before presenting it to the Court. My proposed orders will reflect fairly and accurately the rulings of the Court and nothing more.

WARNINGCivil cases

Applies to

Email filing

The Court may strike a document if the sender fails to produce the retained original upon request.

Upon failure to produce such document, the Court may strike the document

WARNINGCivil cases

Applies to

Brief

A brief citing a decision not fully reported in the specified reporters must include a copy of the decision’s entire text.

If a citation is to a decision not fully reported in Southwest Reporter, Tennessee Decisions, a copy of the entire text of the decision shall be attached to the brief.

WARNINGCivil cases

Applies to

Notice to court

If the parties anticipate using more than fifty trial exhibits, they must notify the Court.

If the parties anticipate the use of more than fifty (50) trial exhibits, they shall so notify the Court.

WARNINGCivil cases

Applies to

Esi discovery agreement

The court expects the parties to reach a written agreement on ESI discovery that includes the five topics identified in Rule 7.03(a)–(e).

The Court expects the parties to reach a written agreement as to how discovery of ESI is conducted, which shall include items (a)-(e).

WARNINGCivil cases

Applies to

Inventory or accounting waiver

Inventories and accountings may be waived if the Will provides for waiver or all residuary beneficiaries or legatees file waivers excusing the personal representative.

Inventories and accountings may be waived (i) if the Will so provides or (ii) if all of the residuary beneficiaries or legatees file waivers excusing the personal representative from the requirement.

WARNINGCivil cases

Applies to

Original document

The filing party or attorney must maintain the original, make it available for inspection upon reasonable notice, and retain it until the case’s final disposition and expiration of appeal opportunities.

The original document shall be maintained by the Party or the attorney E-Filing the document and shall be made available upon reasonable notice, for inspection by other counsel, the Clerk, or the Court. Parties or their attorneys shall retain originals until final disposition of the case and the expiration of all appeal opportunities.

INFOCivil cases

Applies to

Memorandum

The memorandum should be similar to the model in Exhibit C of Appendix 2.

The memorandum should be similar to the model memorandum set forth in Exhibit C, attached hereto in Appendix 2 to these rules.

INFOCivil cases

Applies to

Adoption petition

Petitioners adopting siblings at the same time may include them in one verified adoption petition unless the Court orders separate petitions in the children’s best interests.

If the petitioners are seeking to adopt more than one (1) child at the same time and the children are siblings, then the petitioners may include all of the children in one (1) verified petition to adopt unless the Court issues a written order finding it is in the best interest of the children that separate verified petitions be filed.

INFOCivil cases

Applies to

Verified statement of income

The Verified Statement of Income should be similar to the model in Exhibit A of Appendix 2.

The verified statement should be similar to the model statement set forth in Exhibit A, attached hereto in Appendix 2 to these rules.

INFOCivil cases

Applies to

Sworn statement in lieu of final accounting

Approval of personal representative fees and attorney fees may be included in the Sworn Statement.

Approval of personal representative fees and attorney fees may be included in the Sworn Statement.