Hamilton County Circuit Court Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Exhibits

The parties must exchange the exhibits they intend to rely on at least ten days before the hearing.

At least ten (10) days before the hearing, the parties shall exchange exhibits upon which they wish to rely at the hearing.

CRITICALCivil cases

The plan must be served on opposing counsel or the pro se party by email or by hand.

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

Notice of the filing and taking of an accounting must be provided as required by law.

Notice of the filing and taking of an accounting must be as provided by law.

CRITICALCivil cases

A solemn-form probate petition is heard by the Court after the notice required by statute has been served, at a time and date set by the Court.

Petitions for probate in solemn form shall be heard by the Court, after service of notice required by statute, at a time and date set by the Court.

CRITICALCivil cases

Notice must be provided to all interested persons, and the respondent must be served as required by law.

Notice shall be provided to all interested persons, and service upon the respondent shall be in accordance with the law.

CRITICALCivil cases

The defendant must serve 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

The statement and proposed division must be served on opposing counsel or the pro se party by email or by hand.

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.

CRITICAL

Applies to

Email filing

Service

Email to opposing party

A pro se party or attorney using email filing must serve the filing on each opposing party by including the opposing party’s email address in the email’s TO or CC line.

(5) If any pro se party or attorney avails itself to email filing pursuant to this order, the pro se party or attorney must serve the email filing upon any opposing party by including the email address of any opposing attorney or pro se party in the “TO” or “CC” line of the email.

CRITICALCivil cases

Applies to

Exhibit file

Parties submitting files over 10 MB must provide them on a thumb drive to all other parties due to receive them and comply with the DMP.

Parties submitting files larger than 10.0 MB must also provide the file(s) on thumb drive to all other parties due to receive them, and must comply with requirements of the Document Management Protocol (DMP) below.

CRITICALCivil cases

Service of process in conservatorship matters must be accomplished by an authorized officer.

Service of process shall be accomplished by an authorized officer.

CRITICALCivil cases

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.

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

Unless an expedited hearing is granted, the plan must be served on opposing counsel or the pro se party by email or by hand.

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

A proposed order or objection filed under the rule must be served by hand or email on opposing counsel or the pro se party, and its certificate of service must state that service occurred.

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

Service

Email to opposing party

A pro se party or attorney who uses email filing must serve the filing on opposing parties by including each opposing attorney’s or pro se party’s email address.

If any pro se party or attorney avails itself to email filing pursuant to these rules, the pro se party or attorney must serve the email filing upon the opposing parties by including the email addresses of each opposing attorney or pro se party.

CRITICALCivil cases

Applies to

Ex parte motions and papers

Service

Mail

In ex parte matters, copies of motions and other papers must be mailed to interested parties, and the papers must include a certificate identifying those served by name and address and stating the service date.

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

Service

Email to opposing party

The prevailing party’s counsel or pro se party must email the proposed order to the opposing side, which must respond within three business days by approving it or stating specific objections.

Counsel for the prevailing party (or the prevailing pro se party) shall send any proposed order via email to adversary counsel (and/or any pro se party), whereby the receiving party shall, within three (3) business days of email service, respond indicating approval of the proposed order or stating specific objections.

CRITICALCivil cases

Applies to

Reply 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.

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

Service

Court service

The Clerk must give the required notice in conservatorship matters.

Notice shall be given by the Clerk.

CRITICALCivil cases

Deadline

10 business days

Each party must serve the required witness and exhibit lists on opposing counsel or a self-represented party by email or hand 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:

CRITICALCivil cases

Notice of petitions for elective share, year’s support, homestead, or exempt property must be given to the personal representative, attorneys of record, and all interested parties, including creditors if the estate may be insolvent.

Notice of petitions for elective share, year’s support, homestead and exempt property shall be given to the personal representative of the estate, attorneys of record, and all interested parties, including creditors if the estate may be insolvent.

CRITICALCivil cases

The statement must be served on opposing counsel or the pro se party by email or by hand.

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

The recipient must serve any exhibit-authenticity objections on opposing counsel or a self-represented party by email or hand.

Within five (5) business days of the receipt of an exhibit list, the recipient shall file with the Court and serve opposing counsel (or pro se party) by email or by hand any objections to authenticity of any exhibit

CRITICALCivil cases

E-Filers must physically notify parties who are not registered in ECF.

This service does not replace the responsibility of E-Filers to notify parties physically when they are not registered in the ECF system.

CRITICALCivil cases

Both parties must make a good-faith effort to exchange the listed financial and parenting documents with supporting documentation at least one day before mediation, and no later than the mediation date.

Both parties shall make a good faith effort to exchange at least one day prior to mediation, and no later than the date of mediation, asset and liability statements, income and expense statements, proposed division of assets and liabilities, and proposed parenting plans with supporting documentation.

CRITICALCivil cases

The petitioner must serve 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 affidavit must be served on opposing counsel or the pro se party by email or by hand.

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

Service

Electronic service

For secondary filings, an NEF satisfies the filer’s service responsibility to parties registered in ECF and linked as case participants, but it does not replace service of process.

The NEF does not replace the need for service of process. The NEF satisfies the responsibility of a filer to send service to other parties that are registered in the ECF System and linked as participants on the case for secondary filings.

CRITICALCivil cases

After suit begins, papers required to be served by anyone other than the Clerk must include a certificate stating each person served’s name and address, and the date and method of service.

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

Notice of appeal

A notice of appeal must be served on the court reporter, if one exists, and its accompanying certificate of service must reflect that service.

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.

WARNINGCivil cases

Service

Email to opposing party

Responsive pleadings are expected to be emailed to opposing counsel or a self-represented party in time for receipt before the hearing date.

Responsive pleadings are expected to be served upon the opposing counsel (and/or pro se party) via email to ensure receipt prior to the hearing date.

WARNINGCivil cases

An interested party who joins the petition or files a sworn waiver or consent need not receive notice or service of process.

Notice and service of process is not required for an interested party who joins in a petition as a petitioner or who files a sworn waiver or consent.

WARNINGCivil cases

The certificate states that a copy of the Order was served on the listed parties by hand or email.

I hereby certify that a copy of this Order has been duly served upon the following parties by hand or by email at _____________________________.

WARNINGCivil cases

Papers should not be served to exploit an opposing attorney’s or pro se litigant’s absence or to cause inconvenience, including by serving papers requiring a prompt reply on Friday afternoon or before a secular or religious holiday.

I will serve no paper to take advantage of an opposing attorney’s or pro se litigant’s absence from the office or to inconvenience the attorney or the attorney’s client, such as serving documents requiring prompt reply on Friday afternoon or the day before a secular or religious holiday.

WARNINGCivil cases

When mail service is likely to prejudice an opposing party, service should be made personally or by courtesy-copy facsimile transmission.

I will make service personally or by courtesy copy facsimile transmission when it is likely that service by mail, even when allowed, will prejudice an opposing party.

WARNINGCivil cases

Applies to

Dismissal order

Service

Mail to all parties

The Clerk must mail each dismissal-for-want-of-prosecution order to counsel of record and to unrepresented parties whose addresses can be found in the file.

The Clerk shall mail to counsel of record and unrepresented parties whose address can be ascertained from information in the file copies of each order dismissing a case for want of prosecution.

WARNINGCivil cases

Service

Email

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

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.

INFOCivil cases

Service

Electronic service

The Court and Clerk may serve notices, orders, and other documents electronically.

The Court and the Clerk may issue, file, and serve notices, orders, and other documents electronically.