Hamilton County Circuit Court Filing Timing and Cure Windows

CRITICALCivil cases

An email filing received after midnight but 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.

An email filing received after midnight but before 8:00 a.m., Clerk’s local time, on a business day, or an email filing 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.

CRITICAL

An email filing received before midnight local time on a day the clerk’s office is open is deemed filed that business day.

(1) An email filing received by the clerk 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.

CRITICALCivil cases

If a document is rejected for noncompliance or an unpaid required filing fee, the Clerk must promptly notify the registered user who filed it and state the reasons for rejection.

If the clerk rejects the document for filing because it does not comply with the applicable filing requirements or because any required filing fee has not been paid, the clerk must promptly send notice to the registered user who filed the document; the notice must set forth the reason(s) the document was rejected for filing.

CRITICAL

After receiving the entire email filing, the clerk must note its filing date; receipt is determined by the date and time stamped on the document by the clerk.

(3) Upon receiving an email filing in its entirety, the clerk shall note the filing date on the email filing in a similar 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 email filing is received by the clerk as indicated by the date and time stamped on the document by the clerk.

CRITICALCivil cases

At the Clerk’s discretion, a filer may receive up to three days to correct a rejected filing, and a timely corrected filing relates back to the initial filing date.

If the clerk rejects the filing, the clerk may, in his or her discretion, give the filing party up to 3 days to correct the deficient filing; upon the filing party’s timely submission of a corrected filing, the filing shall relate back to the date of the initial filing.

CRITICALCivil cases

Deadline

5 business days

The Clerk must deliver all proposed orders, exceptions, and objections to the Judge five business days after the initial proposed order is lodged.

Five (5) business days after the initial proposed order is lodged under this rule, the Clerk shall deliver all proposed orders including any exception or objection to the Judge for action.

CRITICALCivil cases

A document received before midnight local time at the Clerk’s Office is deemed filed that date if it otherwise meets the Court’s filing requirements.

Any document received by the Clerk before midnight local time of the Clerk’s Office shall be deemed filed on the date of such document otherwise meets all the requirements for filing under the relevant rules of the Court.

CRITICAL

An email filing received after midnight but before 8:00 a.m. on a business day, or received when the clerk’s office is closed, is deemed filed on the preceding business day.

(2) An email filing received after midnight but before 8:00 a.m., clerk's local time, on a business day, or an email filing 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.

CRITICALCivil cases

An email filing received before midnight local time on a day the Clerk’s office is open is deemed filed that business day.

An email filing received by the Clerk 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.

CRITICALCivil cases

A dispositive motion with oral argument expected to exceed 30 minutes will not be heard on the Monday motion docket without specific Court approval.

In addition, unless specific approval has otherwise been received by the Court, no dispositive motion with oral argument that is anticipated to exceed thirty (30) minutes will be heard on the Monday motion docket.

CRITICALCivil cases

An e-filed document is considered filed when the Clerk receives the complete transmission.

Any E-Filed document shall be considered as filed with the Clerk when the transmission of the entire document is received by the Clerk.

WARNINGCivil cases

Corrected documents are dated and time-stamped as of the date and time they are e-filed again.

The corrected documents will be dated and time-stamped according to the date and time of E-Filing the corrected documents.

WARNINGCivil cases

When the Clerk receives an email filing in its entirety, the Clerk must note the filing date; receipt is the date and time stamped on the document by the Clerk.

Upon receiving an email filing in its entirety, the Clerk shall note the filing date on the email filing in a similar 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 email filing is received by the Clerk as indicated by the date and time stamped on the document by the Clerk.

WARNINGCivil cases

Circuit Court motions are heard on Mondays except holidays, beginning at 9:00 a.m. in Division I.

Motions in Circuit Court will be heard on Mondays except on holidays, commencing in Division I at 9:00 a.m.

WARNINGCivil cases

The sender bears the risk that an email filing fails to reach the Clerk, including failures caused by technical problems, power outages, or incorrectly typed email addresses.

The sender bears the risk of using email to convey a document to a court for filing, including, without limitation, network, software, or hardware malfunction, whether the sender's or the Clerk’s malfunction; electrical power outages; incorrectly typed email addresses; or any other failure of the Clerk to receive the email filing.

WARNINGCivil cases

Chancery Court Part 1 hears motions at 1:30 p.m. on the first and third Mondays, and Part 2 at 1:30 p.m. on the second and fourth Mondays.

In Chancery Court, Part 1, motions will be heard at 1:30 p.m. on the first (1st) and third (3rd) Mondays of each month. In Chancery Court, Part 2, motions will be heard at 1:30 p.m. on the second (2nd) and fourth (4th) Mondays of each month.

WARNING

The sender bears the risk of email filing failures, including technical malfunctions, power outages, incorrect email addresses, and failures by the clerk to receive the filing.

(5) The sender bears the risk of using email to convey a document to a court for filing, including, without limitation, network, software, or hardware malfunction, whether the sender's or the clerk's malfunction; electrical power outages; incorrectly typed email addresses; or any other failure of the clerk to receive the email filing.

WARNINGCivil cases

A motion filed by 4:00 p.m. on Thursday will be called on the second following Monday.

Motions filed by 4:00 p.m. on Thursday will be called the second following Monday.

WARNINGCivil cases

For specified e-filing failures, the Court may, upon satisfactory proof, permit filing nunc pro tunc to the first attempted filing date and may extend related deadlines.

If the E-Filing does not occur because of (1) an error in the transmission of the document to the Clerk which was unknown to the sending party; (2) a failure to process the electronic document when received by the Clerk; (3) rejection by the Court or Clerk; or (4) other technical problems experienced by the E-Filer or the Clerk, the Court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date the document was first attempted to be filed electronically and may also extend the date for any response or the period within which any right, duty, or other act must be performed.

WARNING

For a document filed by mail or in person after an unsuccessful email filing, the filing date is determined under the applicable rules of civil procedure.

In the event that an email filing to the clerk is unsuccessful, the sender may file the document by mail or in person; in such cases, the filing date shall be determined as provided in the applicable rules of civil procedure.

WARNINGCivil cases

If a motion day falls on a holiday, motions are heard the next business day unless another date is announced and posted.

When a motion day falls on a holiday, motions will be heard on the next business day, unless another date is announced and posted.

INFO

The Court may, in its discretion, order the original document filed nunc pro tunc.

The Court, in its discretion, may order filing of the original document nunc pro tunc.

INFOCivil cases

Motions may be heard at other times if the Judge consents.

Motions may be heard at other times with the consent of the Judge.

INFOCivil cases

Such dispositive motions may be placed on the Monday motion docket to obtain a special motion setting.

However, such dispositive motions may be set on the Monday motion docket for the purpose of obtaining a special motion setting.

INFOCivil cases

The Clerk may review a document to determine whether it complies with applicable filing requirements.

The clerk may review the document to determine if it conforms with the applicable filing requirements.

CRITICALCivil cases

An order granting or denying relief must not be lodged before the Court rules on the issue, except for an agreed order signed by all counsel or pro se parties.

Orders shall not be lodged granting or denying any relief before the Court passes rules on the issue, except for agreed orders signed by all counsel or pro se parties.

CRITICALCivil cases

The proposals must be submitted to opposing counsel at least ten days before trial.

x. Certification that the above proposals were submitted to opposing counsel at least ten (10) days before trial.

CRITICALCivil cases

Applies to

Reply brief

A party may file a reply brief, which must be filed within 14 days after service of the preceding brief.

Reply briefs may be filed at the option of a party and must be filed and served within fourteen (14) days after service of the preceding brief.

CRITICALCivil cases

The affidavit must be filed 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.

CRITICALCivil cases

The final report must be filed at least three days before the final hearing.

The final report in response to the Court’s Order of Reference shall be filed at least three (3) days before the final hearing.

CRITICALCivil cases

Deadline

5 business days

In both Chancery Court parts, a motion is called on the first regularly scheduled motion day at least five business days after filing.

In both parts of Chancery Court, motions will be called at the Court’s first regularly scheduled motion day occurring no less than five (5) business days after the filing of the motion.

CRITICALCivil cases

Deadline

48 hours

Exhibits to be admitted by stipulation must be designated in ECF 48 hours before trial, a hearing, or a motion docket.

Parties are to confer concerning the admissibility of electronic evidence, and 48 hours before a trial, hearing, or motion docket designate in ECF exhibits to be admitted by stipulation.

CRITICALCivil cases

The Verified Statement of Income is due at least 10 days before trial or a hearing before a Master.

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.

CRITICALCivil cases

Ex parte orders must be lodged with the Clerk within five business days after the hearing.

Ex parte orders shall be lodged with the Clerk within five (5) business days of the hearing.

CRITICAL

Deadline

10 calendar days

Payment and a copy of the email filing cover sheet must reach the trial court clerk within 10 calendar days after the email filing.

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

CRITICALCivil cases

The memorandum is due 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

If required, an inventory must be filed within 60 days after entry of the Master’s Order opening the estate.

If an inventory is required, the inventory shall be filed within sixty (60) days of the entry of the Master’s Order opening the estate.

CRITICALCivil cases

Parenting plans are due 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

An exhibit file exceeding 10 MB must be provided to the court clerk on a thumb drive the same day the other exhibit files are submitted.

If an exhibit file must exceed 10.0 MB, the file shall be provided to the court clerk on a thumb drive the same day that other exhibit files are submitted.

CRITICALCivil cases

Deadline

5 business days

All objections other than objections to authenticity must be filed and served at least five business days before trial.

At least five (5) business days before trial, the recipient shall file and serve all other objections.

CRITICALCivil cases

Deadline

10 business days

The party who first demanded a jury must file the proposed charge and proposed verdict forms 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 and proposed jury verdict forms.

CRITICALCivil cases

The proposed permanent parenting plan is due at least 10 days before trial or a hearing before a Master.

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

The petitioner must file a brief within 30 days after the record is filed.

The petitioner must file and serve a brief within thirty (30) days after the record is filed.

CRITICALCivil cases

The guardian ad litem must conduct an inquiry and file a report at least three days before the hearing.

The guardian ad litem shall conduct an inquiry and file a report with the Court at least three (3) days before the hearing.

CRITICALCivil cases

Agreed or proposed orders must be prepared and lodged within fourteen business days after an agreement or ruling is announced; otherwise, the Court may strike or dismiss the motion or pleading.

If counsel (and/or any pro se party) fails to prepare and lodge agreed or proposed orders with the Court within fourteen (14) business days of the announcement of an agreement or a ruling, the Court may strike or dismiss the subject motion or pleading.

CRITICALCivil cases

Unless the Court allows more time, the order or judgment must be prepared and forwarded to opposing counsel or the pro se party within five business days after the hearing or trial.

Unless the Court allows a greater time, the order or judgment shall be prepared and forwarded to adversary counsel (or pro se party) within five (5) business days of the hearing or trial.

CRITICALCivil cases

Deadline

10 business days

Contested issues of law and their supporting authority or briefs must be submitted at least ten business days before trial.

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.

CRITICALCivil cases

The defendant must file a brief within 30 days after service of the petitioner's brief.

The defendant must file and serve a brief within thirty (30) days after service of the brief of the petitioner.

CRITICALCivil cases

Deadline

5 business days

The statement is due within 5 business days after receipt of 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

Deadline

10 business days

Each party must file and serve the required witness and exhibit lists at least ten business days before trial.

At least ten (10) business days before trial, each party shall file with the Court and serve opposing counsel (or pro se party) by email or by hand: