Rutherford County Circuit Court, Tennessee
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Brief, Memorandum of Law
- 1 copy • Five Days Before Hearing
Exhibits
- During Hearings
Responsive Brief
- No Later Than 24 Hours Before Hearing
Trial Brief, Responsive Brief
- 1 copy • Within Same Time Frames as Outlined Above
Adjournments
- For a late arrival or attendance in another court, counsel must notify the Judge's office and opposing counsel, or request a continuance and notify opposing counsel before the hearing time.
- A docketed motion may be continued by agreement without Court consent; neither side may continue it unilaterally, and without agreement the parties may seek leave of Court.
- A jury trial may be continued only by Court leave after a hearing on a Motion to Continue, and not by Agreed Order.
- +11 more
Request must include
- A continuance of the hearing may be requested at least 48 hours in advance and requires good cause.
- For an agreement to continue a first setting, counsel must give notice by 2:00 p.m. the day before the court date or docket call.
Communication
Fax
Clerk
Fax
Clerk
Fax
Clerk
Fax
Clerk
Document Format Requirements27 rules
Orders setting non-jury trials shall contain the name of the Trial Judge in all capital letters immediately under the Case Number, and include the date, time, and duration of the trial.
Jury trial orders must follow the specified capitalization, placement, and Appendix A form requirements.
Court's wording
Orders setting jury trials shall display the words "A JURY OF" in all capital letters immediately followed by the number of jurors requested; all of which shall appear immediately under the docket number of the case. Where no number of jurors has been demanded, a panel of six jurors plus alternate(s) will be empaneled. The name of the Trial Judge shall appear in all capital letters immediately under the number of jurors. Orders establishing jury trial dates shall be in the form shown in Appendix A attached hereto, and include the date and time of the pre-trial conference, and the date, time, and duration of the trial.
The Court shall file an Order for Pre-Trial Conference with the date, time, and location of the Conference in the form shown in Appendix B attached hereto.
All petitions for approval of a new bonding company must be in a form similar to the one provided by the Circuit Court Clerk of Rutherford County, Tennessee.
in the format prescribed by the Clerk on a spreadsheet or table suitable for auditing by the Clerk
All petitions for approval of a new bonding company must be in a form similar to the one provided by the Circuit Court Clerk of Rutherford County, Tennessee.
in the format prescribed by the Clerk on a spreadsheet or table suitable for auditing by the Clerk
Converted Documents must contain he “.pdf” file extension.
- File type
The E-Filer is responsible for verifying that the documents to be E-Filed are legible.
Each E-Filed document shall be uploaded in a PDF format unless it is a Proposed Order for a judge to review.
- File type
Electronic evidence must use one of the listed formats, and any listed format may be compressed into a ZIP file.
Court's wording
- (a) Allowable Formats. All electronic evidence must be submitted in one of the following formats: - - PDF - - PNG, GIF, JPD/JPEG - - WMV - - MP3 - - PPT/PPTX Any of the allowable formats can be compressed into a ZIP file.
- (b) File size. The maximum file size for exhibits is 10.0 megabytes (MB). Exhibits may be compressed in ZIP format only. Any compressed exhibit file shall not exceed 10 MB.
Exhibit filenames must begin with a number for Plaintiffs/Movants and a letter for Defendant/Respondents; letters may repeat when the alphabet is exhausted.
Formatting
- •Plaintiffs/Movants must use numbers
- •Defendant/Respondents must use letters; letters repeat if the alphabet is exhausted
Court's wording
The first component of the file name shall be a number or letter, depending on the party's role. - (A) Plaintiffs/Movants shall use numbers. - (B) Defendant/Respondents shall use letter. If the alphabet is exhausted, then letters will repeat. For Example: "AA" or "AAA"
The third component of the file name is the extension which shall identify the format of the file as listed above under electronic formats required.
Any security features in an exhibit file, such as passwords, locked or editing features, must be disabled.
All PDF documents must be flattened.
- File type
(File names must be continuous and not have spaces or periods.
Formatting
- •Filenames must be continuous and must not contain spaces or periods
All pleadings filed or presented to the Court shall be on letter-sized (8 \frac{1}{2}" x 11") paper.
- Paper size
- Letter
- Pleading
All subpoenas shall be typed or printed and served on the party, witness, or officer.
Exchange of Witness and Exhibit lists shall be done in the same document in the form shown in Appendix C attached hereto.
(4) a list of proposed exhibits with each exhibit marked for identification;
(Please print legibly)
Formatting
- •Print legibly
The document should be formatted in accordance with the applicable Terms of Use Agreement as well as the TRCP and Local Rules Governing formatting of paper documents and in such other and further format as the Court may require from time to time.
The second component of the file name shall be a brief description of the exhibit. It should be sufficiently descriptive to identify the exhibit and it should not contain any information the filer does not want displayed to the Court or to other parties.
- Exhibits
Formatting
- •The second filename component must be a brief description of the exhibit
(If more children, please continue on additional sheet of paper)
Proposed Orders can be E-Filed in Microsoft Word format.
It is suggested that this information along with other identifiers be located on the Order in an apparent location to aid the Sheriff in the search for the Defendant.
Document Filing Requirements227 rules
Entry by counsel of an agreed order setting a case for trial represents that all discovery has been completed and the case is ready to be tried on the dates scheduled.
Appeals from the specified courts are set by court order when perfected, and the Clerk prepares the order for the Judge's signature.
Court's wording
Appeals from the General Sessions Court, the Juvenile Court, or from various Municipal Courts in the District will be set by Court Order at the time the appeal is perfected. The Clerk will prepare such order for the signature of the Judge.
The attorney seeking a trial setting must draw the order, except when the Court sets the case on its own motion, and the Court draws the order in that circumstance.
Court's wording
When any case is set for trial, whether by agreement of counsel, upon decision of the Court, or following a Motion to Set, it shall be incumbent upon the attorney seeking the setting to draw an order setting the case, serving a copy thereof upon opposing counsel, or if there is no other attorney, upon the opposing party or parties. Such orders must be lodged within five (5) Judicial Days from obtaining the date(s) from the Court. Where the case is set upon the Court's own motion, the Court will draw the order.
Orders establishing jury trial dates shall be in the form shown in Appendix A attached hereto, and include the date and time of the pre-trial conference, and the date, time, and duration of the trial.
By obtaining dates from the Trial Judge's office and entering an agreed order which sets out the date, time, place, and duration of the trial;
The Court shall file an Order for Pre-Trial Conference with the date, time, and location of the Conference in the form shown in Appendix B attached hereto.
Any Order setting a case for trial shall include language certifying all discovery, mediation (if required), and evidentiary depositions have been completed.
Each party must present the specified factual statement, witness and exhibit lists, jury instructions, verdict form, and stipulations at the pre-trial conference.
- Document
- Pretrial conference materials
Must include
- •Exhibit list
Court's wording
At the pre-trial conference, each party shall present the following: - 1. A concise factual statement of his or her client's claim and/or defense(s), including specification of all damages claimed, if any; - 2. A list of names and addresses of all non-expert witnesses who are expected to testify at the trial of the cause; - 3. A list of names and addresses of all expert witnesses expected to testify at the trial of the cause; the expert witness list should include the expert's area of expertise, a copy of any reports prepared by the expert, any answers to expert interrogatories or, if none exist, a summary of the testimony the expert is expected to provide; - 4. A list of proposed exhibits with each exhibit marked for identification; - 5. A list of proposed pattern jury instructions and separate special instructions to be requested; - 6. A proposed verdict form; and - 7. Stipulations as to any matter of fact or law about which there is no issue.
The Ex Parte Order will be considered only upon the sworn pleadings and completed affidavit. No testimony will be considered.
All motions shall cite the Rule of Procedure upon which counsel relies.
Unless counsel does not seek a prompt hearing, every motion must include the specified hearing notice at its conclusion.
Court's wording
Except where counsel does not seek a prompt hearing upon a motion filed, all motions shall contain the following language at the conclusion: THIS MOTION WILL BE HEARD ON THE ___ DAY OF _____, 202__, AT ___:00 ___.M. IN COURTROOM ___ before the Honorable _____.
Orders are generally lodged with the Clerk for 10 Judicial Days before presentation to the Judge, but an order signed by all parties or counsel may be entered upon presentation without that hold.
Court's wording
Such orders shall be lodged with the Clerk for ten (10) Judicial Days to afford opposing counsel an opportunity to object. Absent an objection, upon presentation by the Clerk to the Judge, the order will be entered. Civil orders submitted must be entered in accordance with provisions of Rule 58 of the Tennessee Rules of Civil Procedure. Where an order is lodged and signed by all parties and/or their counsel, the Court will enter such order upon presentation, without the necessity for holding such order for ten (10) Judicial Days.
In all civil cases, within thirty (30) days after the Judge announces a decision, the attorney for the prevailing litigant (or the pro se litigant) shall submit to the Clerk an order containing the ruling of the Court.
At the beginning of his or her service, each prospective juror will complete a questionnaire which will be filed with the Clerk of the Circuit Court, or the Clerk and Master of the Chancery Court, and shall be available to counsel at all times in the respective Clerks' offices.
(C) All orders shall contain the name of the Judge presiding over that case immediately under the docket number.
- Document
- Order
Must include
- •Judge name
A party objecting to an order shall submit an alternative order to the Court for consideration and identify specific objections to the original proposed order.
(D) All orders MUST be lodged with the Clerk of the Court absent request of the Judge. All orders sent directly to the Judge's office shall be returned unsigned to the attorney sending same.
A discovery motion must include a statement certifying the unsuccessful good-faith conference, made by counsel or by the moving party if pro se.
Court's wording
The Court shall refuse to rule on any motion related to discovery, including a motion to compel for failure to timely respond, unless the motion contains a statement which certifies the lawyer for the moving party, or the moving party when said party is pro se, has conferred with opposing counsel, or party, in a good faith effort to resolve the matters alleged in the motion and that the effort has not been successful.
Any motion seeking permission to serve additional interrogatories shall contain the proposed interrogatories and shall be accompanied by a memorandum establishing good cause for such service.
A motion to compel answers or production must include as an exhibit the interrogatories or document-production requests for which answers are sought.
Court's wording
When a Motion to Compel Answers to Interrogatories or Motion to Compel Production of Documents or other Exhibits is filed, counsel shall file the Interrogatories or Requests for Production of Documents for which answers are sought as an exhibit to the motion.
Each facsimile transmission must be preceded by a cover page bearing the signature of counsel guaranteeing prompt payment of the user fees.
Upon the filing of a divorce action and the request for a Pendente Lite hearing, counsel shall file with the Court a motion requesting the Court to conduct a Pendente Lite hearing.
Any Order Appointing a Special Master shall be in the form shown in Appendix D attached hereto.
If counsel desires for the Pendente Lite hearing to be conducted by the Trial Judge, then a motion for same shall be filed with the Court.
(E) Witness and Exhibit Lists for a Pendente Lite hearing shall be filed in accordance with Rule 3.01.
(D) Both parties shall also file a Temporary Proposed Parenting Plan, where there are children of the marriage, at least five (5) days prior to the Pendente Lite hearing.
For each Pendente Lite hearing, both parties must provide an Appendix E Rule 12.01 statement with proof of income, signed under oath.
Court's wording
(C) For every Pendente Lite hearing, both parties shall present written statements in the form shown in Appendix E attached hereto at least five (5) days prior to the Pendente Lite hearing. Such statements will be referred to as “Statement in Compliance with Rule 12.01.” Both parties shall attach proof of income (i.e. latest W-2, 1099, most recent tax return, or other such proof) to their Rule 12.01 Statement. All such statements shall be signed by the filing party under oath. These statements shall be considered the testimony of the parties as to the issues contained therein.
A Special Master's Report shall not become an order of the Court until such report is adopted by signature of the Trial Judge, or by Order Approving Special Master's Report in the form shown in Appendix G attached hereto.
(F) After a Pendente Lite hearing, the Special Master shall file a Special Master's Report containing Findings of Facts and Conclusions of Law in the form shown in Appendix F attached hereto.
- (C) Statements under this rule shall be signed by the respective party, under oath, and their counsel, if any.
In a contested divorce, each party must file an Appendix H Rule 12.02 statement with proof of income, signed by the filing party under oath.
Court's wording
- (A) No less than eight (8) Judicial Days prior to the Final Hearing of any contested divorce action, the Plaintiff and Defendant shall file a “Statement in Compliance with Rule 12.02,” in the form shown in Appendix H attached hereto. Both parties shall attach proof of income (i.e. latest W-2, 1099, most recent tax return, or other such proof) to their Rule 12.02 Statement. All such statements shall be signed by the filing party under oath. These statements shall be considered the testimony of the parties as to the issues contained therein.
- (B) Valuations and listings of all assets and debts are mandatory. Any debt associated exclusively with a specific asset should be listed with the asset, setting out resulting equity.
- (D) Witness and Exhibit Lists for a contested divorce trial shall be filed in accordance with Rule 3.01.
- 3. Upon the affidavits of the parties in the form shown in Appendix I attached hereto.
- 3. The parties have entered into a properly executed Marital Dissolution Agreement; and
- 3. The parties have entered into a properly executed Marital Dissolution Agreement;
- 4. The parties have entered an Agreed Permanent Parenting Plan; and
Where parties have minor children, the parties must provide a statistical information sheet to the Clerk in the form shown in Appendix J attached hereto.
The Final Decree of Divorce shall provide the full names, places of employment, and addresses of the parties.
Both parties with minor children must attend court-ordered parenting classes before the divorce is granted; if a party has not attended, the final decree must require attendance within 60 days, subject to a possible good-cause waiver in very unusual circumstances.
Court's wording
- (B) Before a divorce may be granted to parties with minor children of the marriage at issue, both parties must attend parenting classes in accordance with orders of the Court. Where a party has not so attended, the final decree must provide that the party shall attend the parenting classes within sixty (60) days, except that for good cause the Trial Judge may waive the duty of a party to attend the parenting classes in very unusual circumstances.
Parties in a contested divorce must first attempt to resolve contested issues before a Rule 31 Mediator, who must report the result to the Court; the Court may waive mediation in appropriate cases or under the cited statute.
Court's wording
- (A) No contested divorce shall be heard unless the parties have first attempted to resolve their contested issues before a Rule 31 Mediator, who shall report to the Court the result of the mediation in accordance with the Tennessee Supreme Court Rule 31. Mediation may be waived by the Court in appropriate cases, and when the Court finds mediation should be waived pursuant to Tennessee Code Annotated (T.C.A.) § 36-4-131.
No less than two (2) Judicial Days before a contested Worker's Compensation trial, parties shall file a completed form in the form shown in Appendix M attached hereto, setting forth stipulations and certifying that all depositions, which will be introduced, have been filed.
Any settlement reached in a Worker's Compensation action where the employee has NOT agreed to waive his/her right to retain future medical bills shall be supported by an affidavit in the form shown in Appendix O attached hereto.
Filing & Service rules
Electronic Filing Rules
The Court adopts electronic filing, and electronically filed pleadings and documents are treated the same as paper-filed documents.
In accordance with Rule 5B of the Tennessee Rules of Civil Procedure, The Circuit Civil Court of Rutherford Tennessee for the Sixteenth Judicial District adopts electronic filing. Pleadings and other electronic documents filed electronically in the Circuit Civil Court shall be considered filed the same as court documents filed in paper format.
Page 1 | PART 1 – AUTHORITY
The listed users may e-file after completing registration requirements or user account configuration.
“Authorized Users” means the following persons who, upon completion of the registration requirements or user account configuration, may E-File documents: - a. Attorneys licensed to practice law in Tennessee. - b. Pro Se litigants. - c. Law Enforcement Officers. - d. Process Servers. - e. Agents of Governmental entities. - f. Special appointed agents for Domestic Violence Support. - g. All Court judges and their staffs; and - h. The Clerk and all deputy clerks of the Clerk's Office.
Page 2 | PART 3 – DEFINITIONS
An E-Filer is an authorized user with a Court-approved e-filing login, username, and password.
“E-Filer” is an authorized user who has a Court approved E-Filing login, username, and password allowing E-Filing of documents into the Court’s CMS and DMS.
Page 2 | PART 3 – DEFINITIONS
The Clerk must make a public terminal for e-filing and viewing public electronic records available in the Circuit Civil Clerk’s Office during normal business hours.
“Public Access Terminal” means a publicly accessible computer provided by the Circuit Court Clerk for the purposes of allowing E-filing and viewing of public electronic court records. The public access terminal shall be in the Circuit Civil Clerk’s Office and made available during normal business hours.
Page 3 | PART 3 – DEFINITIONS
For new cases filed on or after the rules’ effective date, the Court must accept documents filed through e-filing as validly filed, except as otherwise provided in the rules.
- (a) Except as expressly provided herein, for all new cases filed on or after the effective date of these E-Filing Rules, the Court shall accept as validly filed all documents that are filed through E-Filing.
Page 4 | PART 6 – SCOPE OF RULES
Attorneys intending to practice Pro Hac Vice may not register.
Attorneys who intent to practice Pro Hac Vice are not allowed to register.
Page 5 | PART 8 – REGISTRATION REQUIREMENTS
Attorneys must provide a valid Tennessee-issued Bar Number.
Attorneys must include a valid Tennessee issued Bar Number.
Page 5 | PART 8 – REGISTRATION REQUIREMENTS
Authorized users who want to e-file must register as E-Filers on the ECF Website.
Persons who qualify as authorized users and who desire to electronically file a document shall register as an E-Filer on the ECF Website.
Page 5 | PART 8 – REGISTRATION REQUIREMENTS
Pro se litigants recorded in TnCIS must register as Authorized Users in ECF.
Pro se litigants recorded in TnCIS on a case must be registered Authorized Users in ECF
Page 6 | PART 11 – NOTICE OF ELECTRONIC FILING (NEF)
An electronically signed document must be filed using the signer's account and is binding on that individual even if the user shares login credentials.
Any document filed with an electronic signature must be filed using the user account of the individual electronically signing the document. Any document signed and filed using the account that matches the signature is considered binding on that individual even if that user shares their username and password.
Page 8 | PART 13 – SIGNATURES
For any trial, hearing, or motion docket, all parties must access exhibits using the ECF.
For any trial, hearing, or motion docket all parties must access the exhibits using the ECF.
Page 11 | Document Management Protocol (DMP)
All evidence must be submitted no later than 48 hours before trial, hearing or motion docket using ECF.
All evidence must be submitted no later than 48 hours before trial, hearing or motion docket using ECF.
Page 11 | Document Management Protocol (DMP)
Exhibit files exceeding 10.0 MB must be provided to the Court Clerk on a thumb drive the same day other exhibit files are submitted.
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.
Page 11 | PART 16 – ELECTRONIC EVIDENCE PROCEDURES
A document requiring a signature under penalty of perjury or notarization may be filed electronically if the declarant or notary signs a printed form and it is scanned and filed in a format accurately reproducing the original signatures and contents.
Documents required by law to be signed under penalty of perjury or to be notarized may be filed electronically if the declarant and/or notary signs a printed form of the document, and thereafter scans and files the document in an electronic format that accurately reproduces the original signature(s) and contents of the document.
Page 7 | 2.05 ELECTRONIC AND FACSIMILE FILING
After fax filing, do not file a later original because the fax filing is stamped as the original document.
In the event of fax filing, an original is not to be filed at a later time as the fax filing will be stamped as an original document.
Page 7 | 2.05 ELECTRONIC AND FACSIMILE FILING
Facsimile filing is permitted for documents in an already-filed case, but not to initiate a new case; faxed signatures and documents are treated as originals, and duplicative originals need not be filed.
Facsimile filing is allowed to every extent allowed by the Tennessee Rules of Civil Procedure. New cases may not be filed by facsimile. However, once a case is filed, answers, motions, briefs, and other documents may be filed by facsimile. Once submitted by facsimile, copies of signatures submitted by facsimile shall be deemed by the Court to be original signatures, and documents submitted by facsimile shall be deemed to be original documents. It is not required that original documents which are duplicative of documents submitted by facsimile be filed.
Page 17 | 11.01 PLEADINGS WHICH MAY BE FILED BY FACSIMILE
E-filing is the preferred filing method, subject to the incorporated Rutherford County electronic filing rules, with these Rules controlling in the event of conflict.
E-Filing is the preferred method of filing. The Rutherford County Chancery Court Electronic Filing Rules and the Rutherford County Circuit Court Electronic Filing Rules, which are identical, are hereby incorporated by reference, and can be found at www.rcchancery.com and www.circuitcourtclerk@rutherfordcountytn.gov. Where the Electronic Filing Rules are in conflict with these Rules, these Rules shall prevail.
Page 18 | 11.04 E-FILING
Faxed documents are excluded from the definition of e-filing under these rules.
“E-file” or “E-filing” means the electronic transmission of original documents to the Court, and from the Court, for the purposes of recording information and Court documents to a Court case or other official Court purposes. For purposes of these rules, e-filing does not include the filing of faxed documents.
Page 2 | PART 3 – DEFINITIONS
The Court and Clerk may issue and file notices, orders, and other documents electronically, subject to the E-Filing Rules.
- (b) The Court and the Clerk may issue, file, and serve notices, orders, and other documents electronically, subject to the provisions of the E-Filing Rules.
Page 4 | PART 6 – SCOPE OF RULES
E-filing is strongly encouraged, and documents eligible for traditional filing may be e-filed, subject to the exclusions in subsection (b).
- (a) E-Filing of documents is strongly encouraged by the Court except as provided by subsection (b) below, a document that can be traditionally filed with the Court may be E-filed.
Page 4 | PART 5 – ELECTRONIC FILING ENCOURAGED UNLESS PROHIBITED BY ORDER OF THE COURT
The Court or Clerk may exclude documents or types of cases from e-filing and will post notice of those exclusions on the Court’s E-Filing Website.
- (b) The Court or the Clerk may exclude documents and/or certain types of cases from E-Filing. Notice of these excluded documents and/or cases will be provided on the Court’s E-Filing Website <circuitcourtclerk.rutherfordcountytn.gov>.
Page 4 | PART 5 – ELECTRONIC FILING ENCOURAGED UNLESS PROHIBITED BY ORDER OF THE COURT
E-Filer registration requires accepting the user agreement, identifying the account role, entering personal information and login credentials, and submitting the request.
The registration process requires the prospective user to accept the user agreement, identify their role for the account, enter their personal information, their username and password, and submit the request.
Page 5 | PART 8 – REGISTRATION REQUIREMENTS
Filing Timing and Cure Windows
Judicial days are days when the applicable county courthouse and clerks’ offices are open, and the filing date is excluded when calculating days.
- (B) Within these Rules, the term “Judicial Days” in Rutherford County cases shall refer to days when the Judicial Building in Murfreesboro is open for business and the Clerks’ offices are open. Similarly, the term “Judicial Days” in Cannon County cases shall refer to days when the County Courthouse in Woodbury is open for business and the Clerks’ offices are open. The date of filing shall not be included in the calculation of days.
Page 8 | 1.04 DEFINITION OF TERMS
Trial-setting orders must be lodged within five Judicial Days after the date or dates are obtained from the Court.
Such orders must be lodged within five (5) Judicial Days from obtaining the date(s) from the Court.
Page 10 | 2.02 ORDERS SETTING TRIALS — ALL TRIALS
In trials in which a jury has not been demanded, lists of all witnesses shall be filed with the Clerk and exchanged between counsel at least three (3) full Judicial Days prior to trial.
In trials in which a jury has not been demanded, lists of all witnesses shall be filed with the Clerk and exchanged between counsel at least three (3) full Judicial Days prior to trial.
Page 10 | 3.01 EXCHANGE OF WITNESSES AND EXHIBITS
For a motion marked “NO ORAL ARGUMENT REQUESTED,” the Clerk must hold the motion and order for ten days and, if no response is filed within that period, immediately deliver the motion, proposed order, and case file to the Court.
When a motion is filed, the Court will contemplate that oral argument is requested, except where the motion contains the following language directly under the case number: NO ORAL ARGUMENT REQUESTED. When such a motion is filed, the Clerk shall hold the motion and order for ten (10) days. If no response has been filed within ten (10) days, the Clerk shall immediately deliver that motion, proposed order, and the case file to the Court.
Page 14 | 7.03 HEARINGS AND ORAL ARGUMENTS; WAIVER OF ORAL PRESENTATIONS.
Moving counsel must file notice that the motion was stricken with the Clerk before the scheduled hearing date.
Counsel for the moving party shall immediately contact the Judge's office to advise the motion is stricken and file a notice of same with the Clerk prior to the date the motion is set for hearing.
Page 14 | 7.04 STRIKING OR POSTPONING MOTIONS.
Objections to orders must be filed within 10 Judicial Days.
(B) Objections to orders must be filed within ten (10) Judicial Days.
Page 16 | RULE 8 — ORDERS
A facsimile transmission received after 4:15 p.m. is considered filed the following business day.
Facsimile transmissions received after 4:15 p.m. will be considered to be filed the following business day.
Page 18 | 11.02 TRANSMISSION INFORMATION (B)
Both parties must present their Rule 12.01 statements at least five days before a Pendente Lite hearing.
For every Pendente Lite hearing, both parties shall present written statements in the form shown in Appendix E attached hereto at least five (5) days prior to the Pendente Lite hearing.
Page 19
When the marriage has children, both parties must file the Temporary Proposed Parenting Plan at least five days before the Pendente Lite hearing.
(D) Both parties shall also file a Temporary Proposed Parenting Plan, where there are children of the marriage, at least five (5) days prior to the Pendente Lite hearing.
Page 19
Objections to a Special Master's Report must be filed within ten Judicial Days.
(G) Objections to the Special Master's Report shall be filed within ten (10) Judicial Days.
Page 19
In a contested divorce, the Plaintiff and Defendant must file their Rule 12.02 statements no less than eight Judicial Days before the Final Hearing.
- (A) No less than eight (8) Judicial Days prior to the Final Hearing of any contested divorce action, the Plaintiff and Defendant shall file a “Statement in Compliance with Rule 12.02,” in the form shown in Appendix H attached hereto.
Page 20 | 12.02 CONTESTED DIVORCE HEARINGS
An objection not set within forty-five days from filing is overruled.
- (H) If an objection is not set within forty-five (45) days from filing, such objection shall be overruled, and the Trial Judge may adopt the report, modify the report, reject the report in whole, reject the report in part, receive further evidence, or may recommit the report with instructions.
Page 20
Deficiencies must be cured within five business days after the Divorce Coordinator's contact or the Order will be forwarded to the Court.
(C) If the Divorce Coordinator determines the required documents are deficient, she shall contact the attorney(s) or pro se litigants in an effort to correct the problem(s). Upon correction of any such problems, the Divorce Coordinator shall then deliver the file to the Judge or Chancellor assigned to the case for review and potential entry of the appropriate documents. If the issues are not cured within five (5) business days from contact by the Divorce Coordinator the Order shall be forwarded to the Court for the appropriate action as determined by the Trial Judge.
Page 21 | (C)
A non-contested divorce without children, or one submitted on stipulated grounds, must have been on file for at least 60 days before it may be granted.
- 1. The divorce has been on file for at least sixty (60) days;
Page 21 | (E) Without Children
A non-contested divorce with children, or one submitted on stipulated grounds, must have been on file for at least 90 days before it may be granted.
- 1. The divorce has been on file for at least ninety (90) days;
Page 21 | (F) With Children
In a contested divorce involving minor children, the Plaintiff and Defendant must file a proposed Parenting Plan at least two Judicial Days before trial.
When a contested divorce involving parties who have minor children is scheduled for trial, the Plaintiff and Defendant shall file a proposed Parenting Plan at least two (2) Judicial Days before trial.
Page 22 | 12.06 Proposed Parenting Plans
In non-contested divorce cases, all required documents must be filed with the Clerk at least 10 Judicial Days before a scheduled hearing.
(G) In non-contested divorce cases, all required documents shall be filed with the Clerk at least ten (10) Judicial Days before any scheduled hearing.
Page 22 | (G)
For a contested divorce involving minor children scheduled for a hearing on a Motion for Default, the Plaintiff must file a proposed Parenting Plan at least two Judicial Days before the hearing.
When a contested divorce involving parties who have minor children is scheduled for hearing on a Motion for Default, Plaintiff shall file a proposed Parenting Plan at least two (2) Judicial Days before the scheduled hearing.
Page 22 | 12.06 Proposed Parenting Plans
The completed Appendix M form must be filed at least two Judicial Days before a contested workers' compensation trial.
No less than two (2) Judicial Days before a contested Worker's Compensation trial, parties shall file a completed form in the form shown in Appendix M attached hereto, setting forth stipulations and certifying that all depositions, which will be introduced, have been filed.
Page 23 | 13.01 WORKER'S COMPENSATION
The required drug screen for each owner and prospective agent must be performed within 48 hours of filing the petition.
a copy of an Oral Fluid Testing drug screen of each owner, and each prospective agent, as required by the Court to be conducted by a certified facility, and which shall be performed within forty-eight (48) hours of the date of filing the petition for permission to write bonds
Page 26 | 16.02 PETITIONS FOR APPROVAL OF NEW COMPANY
The specified officials must conduct a background investigation of the company owner and agents and furnish its results to the Court at least one week before the en banc qualification hearing.
The District Attorney General or his designee or Rutherford County Sheriff's Department shall conduct a criminal history and background investigation of the owner of the bonding company and its agents. The results of this background investigation shall be furnished to the Court at least one (1) week before the date of the en banc qualification hearing.
Page 27 | Rule 16.02(D)
The criminal-history background-check results must be submitted to the Circuit Court Clerk at least one week before the qualification hearings.
The results shall be submitted to the Circuit Court Clerk at least one (1) week before the date of the qualification hearings.
Page 27 | Rule 16.02(D)
Service and Proof of Service Rules
A copy of the trial-setting order must be served on opposing counsel or, if there is no other attorney, on the opposing party or parties.
serving a copy thereof upon opposing counsel, or if there is no other attorney, upon the opposing party or parties.
Page 9 | 2.02 ORDERS SETTING TRIALS — ALL TRIALS
In non-jury trials, counsel must exchange all witness lists at least three full Judicial Days before trial.
In trials in which a jury has not been demanded, lists of all witnesses shall be filed with the Clerk and exchanged between counsel at least three (3) full Judicial Days prior to trial.
Page 10 | 3.01 EXCHANGE OF WITNESSES AND EXHIBITS
In jury trials, witness lists must be exchanged at the pre-trial conference.
In trials in which a jury is demanded, lists of witnesses will be exchanged at the Pre-Trial Conference as discussed in Rule 2.03.
Page 10 | 3.01 EXCHANGE OF WITNESSES AND EXHIBITS
In nonjury trials, counsel must exchange lists of all exhibits at least three full Judicial Days before trial.
In trials in which a jury has not been demanded, lists of all exhibits shall be exchanged between counsel at least three (3) full Judicial Days prior to trial.
Page 11 | Rule 3(B)
Prevailing counsel or a pro se litigant must serve a copy of the order on opposing counsel or the opposing pro se litigant.
Prevailing counsel (or pro se litigant) shall serve a copy on opposing counsel (or pro se litigant).
Page 15 | RULE 8 — ORDERS
The District Attorney must receive at least five days' notice regarding motions concerning an unindicted individual who is being held.
The District Attorney must be given at least five (5) days' notice regarding any motions filed concerning any unindicted individual who is being held.
Page 25 | RULE 15
A petition for approval of a new company must be served on the District Attorney General at least two weeks before the hearing.
All petitions for approval of a new company shall be served upon the District Attorney General at least two (2) weeks prior to the hearing on the petition and shall be heard by the judges of the courts of record exercising criminal court jurisdiction, sitting en banc as needed.
Page 27 | Rule 16.02(D)
Collateral posted with the Clerk may not be withdrawn or applied to a forfeiture judgment without notice to the District Attorney General and a Court order.
(C) Collateral posted as security with the Clerk may not be withdrawn or applied to satisfy a forfeiture judgment except upon notice to the District Attorney General and upon Order of the Court.
Page 28 | 16.03(C)
A bonding company must notify the defendant-principal of every court appearance.
A bonding company shall notify the defendant-principal of each court appearance.
Page 31 | (G)
A hearing on a defendant's or bonding company's motion must be expedited and requires three days' notice to the Court and District Attorney General.
Any hearing upon motion by defendant or bonding company shall be heard on an expedited basis requiring three (3) days' notice to the Court and the District Attorney General.
Page 32 | 16.07(G) PREMIUMS
A defendant seeking one of the specified types of expungement must provide the District Attorney General's office a copy of the petition, motion, or request, or otherwise notify that office, at least five business days before the related proceeding; inadequate notice may delay adjudication.
Any defendant seeking to have a case expunged pursuant to pre-trial diversion [Tennessee Code Annotated (T.C.A.) §40-15-102 - §40-15-107], judicial diversion [Tennessee Code Annotated (T.C.A.) §40-35-313], agreed order retirement, or five-year expungement [Tennessee Code Annotated (T.C.A.) §40-32-101(g)] shall submit a copy of any petition, motion or request for expunction to the office of the District Attorney General of the 16th Judicial District, or otherwise notify the same, at least five (5) business days prior to any court proceeding related to the expunction request. Failure to provide adequate notice may result in a delay in the adjudication of the expunction request.
Page 41 | 25.01 NOTICE REQUIREMENT.
Each party must deliver the required pretrial-conference materials to the other party by mail, email, fax, or hand delivery.
each party shall mail/email/fax/hand-deliver to the other party
Page 45
Petitions for approval of a new company and/or its agents must be served on the District Attorney General at least two weeks before the hearing.
All petitions for approval of a new company and/or its agents shall be served upon the District Attorney General at least two (2) weeks prior to the hearing on the petition
Criminal cases
Page 3 | RULE 2 PETITIONS FOR APPROVAL OF NEW COMPANY
When these rules are amended, the Criminal Court Clerk must notify approved bonding companies by certified mail with return receipt requested or by personal delivery with a signed receipt.
Upon amendment, the Criminal Court Clerk shall notify all approved bonding companies in Rutherford and Cannon County, by certified mail, return receipt requested, or by personal delivery with a signed receipt for the same.
Criminal cases
Page 12 | RULE 11 AMENDMENTS
For secondary filings, the NEF serves registered ECF participants linked to the case, but does not replace service of process or conventional notice to unregistered parties.
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. This service does not replace the responsibility of E-Filers to notify parties by conventional means when they are not registered in the ECF system.
Page 7 | PART 11 – NOTICE OF ELECTRONIC FILING
Each filer must retain the NEF permanently as proof of notice.
It is incumbent on each filer to keep the NEF in his/her permanent files as proof of notice.
Page 7 | PART 11 – NOTICE OF ELECTRONIC FILING
Parties submitting files larger than 10.0 MB must provide them on a thumb drive to the 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.
Page 11 | PART 16 – ELECTRONIC EVIDENCE PROCEDURES
A copy of each brief or memorandum of law must be served on all interested parties five days before a hearing, unless good cause is shown.
All briefs or memoranda of law shall be filed with the Clerk of the Court and a copy shall be delivered to the Judge's office and a copy served on all interested parties five (5) days prior to any hearing unless good cause shown.
Page 3 | Rule 3.0 Filing and Service of Papers
For the stated exceptions, a copy of the resetting letter must be sent to the opposing party or counsel.
In such instances, a letter shall be sent to the Clerk of the Court specifically stating that the case is being reset by agreement and by sending a copy of the letter to the opposing party or counsel as well as to the Judge's office.
Page 4 | Rule 5.0 Continuances
Unless the Court orders otherwise, each pleading or other document filed after the original Petition must be served on all parties and contain a Certificate of Service.
Unless the Court orders otherwise, every pleading or other document filed with the Court subsequent to the original Petition shall be served on all parties and shall contain a Certificate of Service.
Page 8 | 2.07 COURT FILINGS AND PROCESS
Notice that a withdrawal motion was filed must be given to the attorney's client and to opposing counsel or the opposing self-represented litigant.
Notice of the filing of the motion shall be given to the party who is represented by the attorney seeking to withdraw and to opposing counsel or pro se litigant.
Page 9
Filing Fees and Waivers
Each facsimile transmitted to the Court incurs a fee set by Tennessee Supreme Court Rules, and counsel must transmit payment within five Judicial Days unless another time is provided by Supreme Court Rule.
For each facsimile transmitted to the Court, there is a charge which is established by the Rules of the Tennessee Supreme Court. Counsel shall create their own bills for such services where they require such for their record keeping, and shall transmit payment within five (5) Judicial Days, or such other time which may be provided by Supreme Court Rule.
Page 18 | 11.03 COVER SHEETS AND USER FEES
Filing fees must be paid unless the filing is a Petition for an Order of Protection or the Court has approved an Appendix P Uniform Civil Affidavit of Indigency.
No case may be filed without payment of fees (except Petitions for Orders of Protection which are exempt from such fees) unless a Uniform Civil Affidavit of Indigency, in the form shown in Appendix P attached hereto, has been approved by the Court.
Page 23 | 13.02 AFFIDAVIT OF INDIGENCY
The applicant is responsible for any fees for the criminal-history background check.
The applicant shall be responsible for any fees for the criminal history background check.
Page 27 | Rule 16.02(D)
A plaintiff found indigent after review of an affidavit and due inquiry may qualify to file the case upon an oath of indigency.
It appears based upon the Affidavit of Indigency filed in this cause and after due inquiry made that the Plaintiff is an indigent person and is qualified to file case upon an oath of indigency.
Page 93 | APPENDIX P
A plaintiff determined not to qualify as indigent does not qualify to file the case upon an oath of indigency.
IT IS SO ORDERED AND ADJUDGED that the Plaintiff does not qualify for filing this case upon an oath of indigency.
Page 93 | DETERMINATION OF NON-INDIGENCY
Attorneys and pro se litigants pay an E-Filing fee in addition to the processor convenience fee and statutory filing fee.
“E-Filing Fee” is the fee an attorney or pro se litigant pays for using the E-Filing system. This is in addition to the convenience fee charged by the credit card processor and the statutory filing fee (See Section 12 below).
Page 3 | PART 3 – DEFINITIONS
Statutory filing fees are due by credit card when a document is e-filed, unless the Court excuses payment; using the E-Filing Website consents to the card charge.
All E-Filed Documents subject to statutory filing fees (Court Costs) shall require payment of such filing fees immediately upon filing unless excused by the Court. These filing fees must be paid with a credit card at the time of E-Filing. Use of the E-Filing Website constitutes E-Filer's consent to process or charge the credit card supplied.
Page 7 | PART 12 – PAYMENT OF FEES
The additional E-Filing Fee is $5 per filing up to $50 per case, or a $300 one-year subscription covering the lawyer's or pro se litigant's cases; the fee is not assessed against the State, declared indigent parties, or their legal representatives.
The E-Filing Fee is in addition to the statutory filing fees and is $5.00 per filing up to a maximum of $50.00 per case or a flat $300.00 subscription fee per lawyer or prose litigant for a one-year period starting on the date the flat fee is paid. The flat fees pay all the E-Filing fees for all cases filed by that lawyer or prose litigant in any Court in the State using the Tybera E-Filing System. The E-Filing Fee shall not be assessed against the State, a party declared indigent or to that indigent's party's legal representative.
Page 7 | PART 12 – PAYMENT OF FEES
The applicant is responsible for any fees for the criminal history background check.
The applicant shall be responsible for any fees for the criminal history background check.
Criminal cases
Page 3 | RULE 2 PETITIONS FOR APPROVAL OF NEW COMPANY
The Court may charge a reinstatement fee of no more than $100, together with costs resulting from a suspension.
The Court shall have the authority to charge a reinstatement fee, not to exceed One Hundred dollars ($100.00), together with the costs as a result of a suspension.
Criminal cases
Page 4 | RULE 4 FORFEITURES
The Court may charge a reinstatement fee of up to $100, in addition to costs resulting from a suspension.
- 7. Failure to comply with the notice requirements in this section will be cause for immediate removal from the approved bonding list of the Court in the Sixteenth Judicial District. The Court shall have the authority to charge a reinstatement fee, not to exceed One Hundred dollars ($100.00), together with the costs as a result of a suspension.
Criminal cases
Page 5 | RULE 5 COMPANY CHANGES
A statutory convenience fee is charged in addition to statutory filing fees when payment is made by credit card or ACH.
“Convenience Fee” is a statutory fee charged in connection with electronic filing that is addition to statutory filing fees. Such a fee is charged in connection with payment by credit card or ACH.
Page 2 | PART 3 – DEFINITIONS
The Clerk’s Office may offer printed copies of electronic court records and charge applicable copying fees.
The Circuit Civil Clerk’s Office may also offer printed copies of the electronic court records and apply relevant copying fees as permitted by relevant statutory and court rules.
Page 3 | PART 3 – DEFINITIONS
After approval, the user must register payment options and a credit card with the ECF system and the Court.
The user must then register their payment options and credit card with the ECF system and the Court.
Page 5 | PART 8 – REGISTRATION REQUIREMENTS
E-Filers are charged a convenience fee in addition to statutory and E-Filing fees, with the fee amount shown for each credit-card transaction.
The convenience fee pursuant to T.C.A. Sec. 9-1-108(c)(4) & (5), is charged to E-Filers in addition to the statutory filing fee and the E-Filing Fee. The convenience fee covers the cost of processing the credit card. The amount of that fee will appear with each credit card transaction.
Page 7 | PART 12 – PAYMENT OF FEES
Certified and paper copies are available from the Clerk's office for statutory fees.
Certified and paper copies will be available from the Clerk's office for the statutory fees.
Page 7 | PART 12 – PAYMENT OF FEES
Authorized Users must consult the Circuit Civil Clerk's website to determine fees; ECF calculations or future estimates do not replace the Clerk's fee calculation.
It is the responsibility of the Authorized User to refer to the Circuit Civil Clerk's website <> to determine the fees owed. The ECF system will not calculate the fees in this release of the E-Filing system (release one). When the ECF system provides an estimate in later releases the clerk is still responsible for calculation of the fees which may be different from the estimates. This can occur when the clerk corrects information entered by the filer.
Page 7 | PART 12 – PAYMENT OF FEES
A case refund is paid to the owner of the credit card used for payment.
Refunds on a case will be paid to the owner of the credit card used to make the payment.
Page 8 | PART 12 – PAYMENT OF FEES
For refunds due to improper collection, the E-Filer must contact the Clerk's Office directly; refunds are issued by check, not cash.
Refunds due to improper collection will require the E-Filer to contact the Clerk's Office directly. The Clerk will issue checks for refunds. Refunds will not be made in cash.
Page 8 | PART 12 – PAYMENT OF FEES
The Juvenile Court Clerk establishes and assesses filing, process-service, and Court costs; the fee schedule is available for inspection and copying upon request at the Clerk's office.
Costs for filing a pleading, service of process, and Court costs are to be established and assessed by the Juvenile Court Clerk. The schedule of fees is available for inspection and copying upon request in the office of the Juvenile Court Clerk.
Page 7 | 2.04 COURT COSTS AND FILING FEES
The Court may waive filing fees or costs for good cause.
Filing fees or costs may be waived by the Court for good cause.
Page 7 | 2.04 COURT COSTS AND FILING FEES
Courtesy Copy Requirements
A copy of each brief or memorandum of law must be delivered to the Judge’s office five days before a hearing, unless good cause is shown.
All briefs or memoranda of law shall be filed with the Clerk of the Court and a copy shall be delivered to the Judge's office and a copy served on all interested parties five (5) days prior to any hearing unless good cause shown.
Page 3 | Rule 3.0 Filing and Service of Papers
Responsive Briefs are not required, but may be filed no later than 24 hours prior to the hearing with a courtesy copy sent directly to the Judge or Magistrate.
Responsive Briefs are not required, but may be filed no later than 24 hours prior to the hearing with a courtesy copy sent directly to the Judge or Magistrate.
Page 14 | 4.05 PRE-TRIAL EXCHANGES AND BRIEFS
A courtesy copy of any brief shall be sent directly to the Judge's office within the same time frames as outlined above.
A courtesy copy of any brief shall be sent directly to the Judge's office within the same time frames as outlined above.
Page 11 | 3.02 BRIEFS
Interested parties and counsel should make every effort to provide extra exhibit copies for the Court, witnesses, and opposing counsel during hearings.
All interested parties and/or counsel shall make every effort to provide extra copies of exhibits for the Court, witnesses and opposing counsel during hearings.
Page 3 | Rule 3.0 Filing and Service of Papers
Sealing & Redaction Procedures
If a document must include a Social Security number, it may show only the last four digits.
Social Security Number. If a social security number must be included in a document, only the last four digits of that number must be used.
Page 8 | PART 14 – REDACTION
E-Filers must omit or redact personal identifiers in publicly filed documents and exhibits unless a statute or Court order requires their inclusion.
Authorized Users must be sensitive to confidential and personal information filed publicly, not under seal. E-Filers shall refrain from including, or shall redact as follows where inclusion is necessary, the following personal identifiers from all documents filed publicly with the Clerk, including exhibits thereto, unless required by statute or otherwise ordered by the Court.
Page 8 | PART 14 – REDACTION
Authorized Users must redact e-filed documents and, when a document contains sensitive data otherwise subject to redaction, file both an original and a redacted version; the redacted version is stored for public access.
It is the responsibility of the Authorized User to redact all documents that are E-Filed to the Court. When a document required to E-Filed includes sensitive data that otherwise would be redacted, the Authorized User must file an original and a redacted version. The redacted version will be stored for public access:
Page 8 | PART 14 – REDACTION
If a document must include an individual's date of birth, it may state only the year.
- (b) Dates of Birth. If an individual's date of birth must be included in a document, only the year must be used.
Page 9 | PART 14 – REDACTION
To protect a minor's information from the public, the Authorized User should use a pseudonym in documents and file the actual names in a sealed document.
- (d) Names of Minors. If a case includes a minor this information needs to be protected from the public, the Authorized User should use a pseudo name in the documents and then file a sealed document with the actual names.
Page 9 | PART 14 – REDACTION
If financial account numbers are relevant, documents may include only their last four digits.
- (c) Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers must be used.
Page 9 | PART 14 – REDACTION
E-Filers are responsible for ensuring documents comply with personal-identifier redaction rules; the Clerk will not review each document for redaction.
It is the responsibility of E-Filers to be sure that all documents comply with the rules of the Court requiring redaction of personal identifiers. The Clerk will not review each document for redaction.
Page 9 | PART 14 – REDACTION
The Clerk will not redact electronic evidence containing personally identifiable, confidential, or proprietary information; the filer is responsible for redacting it or limiting access to it.
The Clerk of the Court will not remove or redact any electronic evidence containing personally identifiable information, confidential information, or proprietary information. The filer submitting electronic evidence is responsible for redaction of such, information, or limiting access to such information.
Page 12 | Redaction
Records submitted or filed with the Juvenile Court are confidential and may not be disclosed or re-released outside the current proceedings without authorization from the Judge.
All records submitted or filed with the Rutherford County Juvenile Court shall be confidential records (which includes, but is not limited to, medical records or evaluations, mental health records or evaluations, substance abuse assessment/treatment records, drug screen results, reports from the Tennessee Department of Children's Services or other agencies, CASA reports and probation reports) and shall not be disclosed or re-released to anyone for any purpose other than the proceedings currently before this Court without further authorization from the Judge of the Rutherford County Juvenile Court.
Page 9 | 2.12 CONFIDENTIAL RECORDS.
Filers are advised to exercise caution when filing documents containing personal identifying numbers, medical information, employment history, individual financial information, or proprietary or trade-secret information.
In addition, exercise caution when filing documents that contain the following: - (1) Personal identifying number, such as a driver's license number. - (2) Medical Records, treatment and diagnosis. - (3) Employment History. - (4) Individual Financial Information. - (5) Proprietary or Trade Secret Information.
Page 9 | PART 14 – REDACTION
Pre-Motion Conference Requirements
If the initial motion does not request oral argument but the response does, respondent's counsel must set the matter for oral argument under Rule 7.02.
Where oral argument is not requested in the initial motion, but oral argument is requested in the response, counsel for the respondent shall set the matter for oral argument in accordance with Rule 7.02.
Page 14 | 7.03 HEARINGS AND ORAL ARGUMENTS; WAIVER OF ORAL PRESENTATIONS.
Counsel setting a motion must consult the opposing side to seek an agreeable hearing date and time; if there is no response within two Judicial Days, counsel may file with a hearing notice for any date provided by the Court.
Counsel setting a motion shall consult with the opposing counsel, or opposing party, to determine a mutually agreeable day and time for hearing. Where counsel setting a motion seeks to confer on a date and time, and receives no response from opposing counsel or opposing party within two (2) Judicial Days, counsel may file the motion with a notice of hearing on any date provided by the Court.
Page 14 | 7.02 CONTENT OF MOTIONS.
For summary judgment and dismissal motions, the opposing party has 30 days to respond and the moving party has 10 days to reply; no further responses or replies are accepted.
(B) Upon filing of a Motion for Summary Judgment or Motion to Dismiss, opposing party shall have thirty (30) days to file a response. The moving party shall have ten (10) days to file a reply to the response. No further responses or replies shall be accepted.
Page 15 | 7.05 MOTIONS FOR SUMMARY JUDGMENT and MOTIONS TO DISMISS.
When a jury has been demanded, all pre-trial motions must be heard at the Pre-Trial Conference.
(A) In cases where a Jury has been demanded, all Pre-Trial Motions shall be heard at the Pre-Trial Conference.
Page 15 | 7.06 PRE-TRIAL MOTIONS.
A summary judgment or dismissal motion cannot be heard until at least 50 days after the motion, unless the Court orders otherwise.
A Motion for Summary Judgment or a Motion to Dismiss cannot be heard until at least fifty (50) days after the motion, unless the Court orders otherwise.
Page 15 | 7.05 MOTIONS FOR SUMMARY JUDGMENT and MOTIONS TO DISMISS.
Responses, replies, statements of undisputed facts, and other additional filings concerning summary judgment or dismissal motions must be filed at least 10 Judicial Days before the hearing.
Any responses, replies, statement of undisputed facts, replies to statements of undisputed facts, or other additional filings pertaining to a Motion for Summary Judgment or a Motion to Dismiss shall be filed at least ten (10) Judicial Days prior to the scheduled hearing on the motion.
Page 15 | 7.05 MOTIONS FOR SUMMARY JUDGMENT and MOTIONS TO DISMISS.
Summary judgment and dismissal motions must be scheduled for hearing at least 60 days before trial, unless the Court orders otherwise.
(A) Motions for Summary Judgment and Motions to Dismiss must be scheduled to be heard at least sixty (60) days prior to the scheduled trial date, unless the Court orders otherwise.
Page 15 | 7.05 MOTIONS FOR SUMMARY JUDGMENT and MOTIONS TO DISMISS.
If the non-moving party asserts additional facts under Tennessee Rule 56.03, the moving party may file a Rule 56.03 reply statement at least 3 Judicial Days before the hearing.
However, if the non-moving party has asserted additional facts in accordance with Tennessee Rules of Civil Procedure Rule 56.03, the moving party shall be allowed to respond to these additional facts by filing a reply statement in the manner and form as specified in TCRP 56.03 at least three (3) Judicial Days prior to the scheduled hearing on the motion.
Page 15 | 7.05 MOTIONS FOR SUMMARY JUDGMENT and MOTIONS TO DISMISS.
Motions other than summary judgment and dismissal motions must be heard at least 10 days before trial.
(B) All motions, other than a Motion for Summary Judgment or a Motion to Dismiss, shall be heard at least ten (10) days prior to trial of the cause.
Page 15 | 7.06 PRE-TRIAL MOTIONS.
Before a discovery motion is considered, the moving party must make an unsuccessful good-faith effort to confer, document that effort in writing, and include the required certification in the motion.
The Court shall refuse to rule on any motion related to discovery, including a motion to compel for failure to timely respond, unless the motion contains a statement which certifies the lawyer for the moving party, or the moving party when said party is pro se, has conferred with opposing counsel, or party, in a good faith effort to resolve the matters alleged in the motion and that the effort has not been successful. Such good faith effort shall be evidenced by a writing from the moving party to the non-moving party describing the alleged deficiencies in discovery, and shall include the date for delivery of discovery.
Page 17 | 10.03 MOTIONS REGARDING DISCOVERY ISSUES (A)
Parties are to confer about admissibility and designate in ECF, 48 hours before trial, a hearing, or a motion docket, exhibits to be admitted by stipulation.
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 admitted by stipulation.
Page 11 | Document Management Protocol (DMP)
Before the Court will rule on a discovery-related motion, the moving party must make an unsuccessful good-faith effort to confer, documented in writing, and the motion must certify that effort.
The Court shall refuse to rule on any motion related to discovery, including a motion to compel for failure to timely respond, unless the motion contains a statement which certifies the lawyer for the moving party, or the moving party when said party is pro se, has conferred with opposing counsel, or party, in a good faith effort to resolve the matters alleged in the motion and that the effort has not been successful. Such good faith effort shall be evidenced by a writing from the moving party to the non-moving party describing the alleged deficiencies in discovery and shall include the date for delivery of discovery.
Page 15 | 4.07 DISCOVERY. (C) Motions regarding discovery issues.
All motions where oral presentations are sought will be set on a designated motion day. Motions which cannot be concluded within thirty (30) minutes should not be set on motion days, except upon direction of the Court.
All motions where oral presentations are sought will be set on a designated motion day. Motions which cannot be concluded within thirty (30) minutes should not be set on motion days, except upon direction of the Court.
Page 14 | 7.01 SCHEDULING OF MOTION HEARINGS.
Adjournment & Extension Requirements
For a late arrival or attendance in another court, counsel must notify the Judge's office and opposing counsel, or request a continuance and notify opposing counsel before the hearing time.
If there is to be a late arrival or attendance in another Court, counsel shall notify the Judge's office AND other counsel, or request a continuance of the motion and notify other counsel thereof prior to the designated time of hearing.
Page 13 | 6.05 FAILURE TO APPEAR; LATE APPEARANCE.
A docketed motion may be continued by agreement without Court consent; neither side may continue it unilaterally, and without agreement the parties may seek leave of Court.
(B) After a motion has been docketed, it may be continued or postponed upon the agreement of all counsel or parties without consent of the Court. Neither party may unilaterally continue a motion hearing; however, where there is no agreement, the parties may seek leave of Court.
Page 15
A jury trial may be continued only by Court leave after a hearing on a Motion to Continue, and not by Agreed Order.
Jury Trials shall only be continued by leave of the Court after a hearing on a Motion to Continue. Jury Trials shall not be continued by an Agreed Order.
Page 16 | 9.04 CONTINUANCE OF JURY TRIALS
A continuance requested by counsel must be sought by motion, and the defendant must appear unless the Court excuses the appearance.
Continuances requested by Counsel must be made by motion and Defendant's appearance is required unless excused by the Court.
Page 40 | RULE 22 CRIMINAL DOCKET SETTING
A continuance of the hearing may be requested at least 48 hours in advance and requires good cause.
(c) That in the event of the failure of counsel (or party pro se) to appear, pursuant to this Order, an ex parte hearing shall be held and an appropriate judgment rendered or dismissal ordered, unless continued, pursuant to request made at least 48 hours in advance, for good cause shown;
Page 45
After the last continuance is granted, the case must settle or be set for trial.
LAST CONTINUANCE GRANTED MUST SETTLE OR SET FOR TRIAL
Page 97 | Appendix S — Agreed Continuance Order
A continuance order is entered by agreement of the parties, evidenced by their signatures, and for good cause shown.
By agreement of the parties, as evidenced by their signatures below, and for good cause shown, it is hereby ORDERED that:
Page 97 | Appendix S — Agreed Continuance Order
For an agreement to continue a first setting, counsel must give notice by 2:00 p.m. the day before the court date or docket call.
Counsel shall notify the Clerk of Court, the Judge's office and all interested parties by 2:00 p.m. the day prior to the court date/docket call of any event which requires that the matter be removed from the docket (i.e. settlement, nonsuit, agreement to continue a first setting, etc.).
Page 2 | Rule 2.0 Appearance of Counsel
An agreed reset more than 60 days out requires court approval, except when bankruptcy is pending, the first setting is already more than 60 days after service, or a payment arrangement is pending.
Any agreement exceeding sixty (60) days shall require the approval of the Court unless it meets one of the following exceptions: pending bankruptcy, first setting is already set out past 60 days from date of service or pending payment arrangement.
Page 4 | Rule 5.0 Continuances
Cases must be tried on their scheduled docket date unless, for good cause, they are continued to a definite date on the regular Tuesday, Wednesday, or Friday civil docket.
Cases shall be tried on the date they are set on the court's docket unless, for good cause shown, they are continued to a date certain on the court's regular civil docket on Tuesday, Wednesday or Friday.
Page 4 | Rule 4.0 Setting Cases
When bankruptcy is involved, counsel or the Court must reset the matter to a definite date on the regular Tuesday, Wednesday, or Friday docket.
In the event bankruptcy is involved, counsel and/or the Court shall reset the matter to a definite date on the regular Tuesday, Wednesday, or Friday docket.
Page 4 | Rule 5.0 Continuances
After a civil case has been set and continued three times, it must be tried unless good cause is shown to the contrary.
After a civil case has been set on the court's docket three times and has been continued, whether by agreement or for good cause, the case shall be tried, except for good cause shown to the contrary.
Page 4 | Rule 5.0 Continuances
A continuance requires leave of Court and good cause; the order must state its reason, requester, and reassignment date, agreed continuances require an order signed by counsel for all parties specifying a new hearing date, and the requesting party must notify other parties and subpoenaed witnesses of the continuance and reset date; cases cannot be continued indefinitely.
Cases may be continued only by leave of the Court. Cases will not be continued except for good cause shown. All cases continued by leave of the Court will be by written order stating the reason for the continuance, at whose request, and the date of the reassignment. Agreed continuances shall be by order signed by counsel for all parties and shall specify a new hearing date. It is the responsibility of the party requesting the continuance to notify all other parties and witnesses under subpoena of the continuance and the reset date. No case shall be "continued indefinitely".
Page 11 | 3.05 SCHEDULING OF HEARINGS AND CONTINUANCES
The parties may agree to reset a case on the regular docket to another Tuesday, Wednesday, or Friday, provided the agreed date is no more than 60 days later.
A case on the court's regular docket on Tuesday, Wednesday or Friday may be reset to another Tuesday, Wednesday or Friday by agreement of the parties, provided, however, that such agreed upon date does not exceed sixty (60) days.
Page 4 | Rule 5.0 Continuances
A case may be continued for good cause by the Court or, with the Court's leave, based on the parties' agreement.
For good cause shown, cases may be continued by the Court, or by leave of the Court based upon the agreement of the parties.
Page 16 | 4.08 SCHEDULING OF HEARINGS AND CONTINUANCES.
The Court may continue a matter to arrange for an interpreter to appear and assist.
The Court may determine that a continuance is needed in order to make arrangements for an interpreter to appear and assist the court.
Page 6 | Rule 12.0 Interpreters
Chambers Communication Rules
Cannon County cases must be set through the Cannon County Chancery Court Clerk's Office and Circuit Court Clerk's Office.
Notwithstanding the above, all Cannon County cases shall be set through the Cannon County Chancery Court Clerk's Office and the Cannon County Circuit Court Clerk's Office.
Page 9 | 2.01 SETTING CASES FOR TRIAL
Counsel must notify the Judge's office and other counsel of a late arrival or attendance in another court, or request a continuance and notify other counsel before the hearing time.
If there is to be a late arrival or attendance in another Court, counsel shall notify the Judge's office AND other counsel, or request a continuance of the motion and notify other counsel thereof prior to the designated time of hearing.
Page 13 | 6.05 FAILURE TO APPEAR; LATE APPEARANCE.
If a pro se party notifies the Clerk's Office of a late arrival, the Clerk's Office must notify the Judge's Office before court begins.
Notwithstanding the above, if a Pro se party notifies the Clerk's Office of a late arrival, the Clerk's Office shall notify the Judge's Office prior to the beginning of Court.
Page 13 | 6.05 FAILURE TO APPEAR; LATE APPEARANCE.
When a motion is stricken, moving counsel must immediately tell the Judge's office and file notice with the Clerk before the scheduled hearing date.
Counsel for the moving party shall immediately contact the Judge's office to advise the motion is stricken and file a notice of same with the Clerk prior to the date the motion is set for hearing.
Page 14 | 7.04 STRIKING OR POSTPONING MOTIONS.
An approved bonding company's owner or agent must immediately notify the Court of specified arrests, criminal charges, and civil actions involving that owner or agent.
Any owner or agent of an approved bonding company shall immediately notify the Court of any arrest or the filing of criminal charges involving the owner or agent, or the filing of any civil action including bankruptcy and an order of protection, where the owner or agent is a party to the action.
Page 29 | 16.05 COMPANY CHANGES
If an agent accepts property other than cash or another negotiable instrument for a premium, the agent must notify the Presiding Judge and District Attorney General in writing.
If any property other than cash (or other negotiable instrument) is accepted for the premium, the agent shall notify the Presiding Judge and the District Attorney General in writing.
Page 31 | 16.07(A) PREMIUMS
The District Attorney or designee may request inspection of records in writing from the Presiding Judge, identifying the records and basis; inspection must be ordered for good cause.
A request to inspect such records may be initiated by the District Attorney or his designee by written request to the Presiding Judge. The request shall specify the records requested and the basis for the request. The request shall be ordered by the Judge for good cause shown.
Page 31 | (H)
The District Attorney or designee may request a drug screen in writing from the Presiding Judge, specifying the test and basis; the Judge orders it only upon good cause.
A request for a screen may be initiated by the District Attorney or his designee by written request to the Presiding Judge. The request shall specify the type of test requested and the basis for the request. The test shall be ordered by the Judge for good cause shown.
Page 31 | (F)
The bonding company must notify the Clerk whenever the defendant's address changes.
It shall be the obligation of the bonding company to notify the Clerk of any change of address of the defendant;
Page 34 | 16.08(A)
Persons seeking to be heard on the criminal docket must set their matter with the Circuit Court Clerk by agreement with the District Attorney General's office or by giving the notice required for civil motions.
Persons interested in being heard on the criminal docket will set their matter with the Circuit Court Clerk by agreement with the District Attorney General's office or upon the notice required by these rules for civil motions.
Page 40 | 21.03 RESPONSIBILITIES OF JUDGES AND CLERKS
email to the Judge's Office Staff at _____
email to the Judge's Office Staff at _____
Page 45
The bonding company must notify the Clerk if the defendant's address changes.
It shall be the obligation of the bonding company to notify the Clerk of any change of address of the defendant;
Criminal cases
Page 9 | RULE 8 REPORTS AND REQUIRED RECORDS
The bonding company owner must immediately notify the Court of any failed drug screen by an owner or agent.
The owner of the bonding company must notify the Court immediately of any failed drug screens by any owner or agent of the bonding company.
Criminal cases
Page 11
Before release on a property or cash bond, each defendant must provide the Clerk an address where court-date notifications may be delivered.
Each defendant shall provide to the clerk before release on a property or cash bond an address where notification of a court date may be delivered.
Criminal cases
Page 12 | RULE 10 INDIVIDUAL BONDS
The defendant must notify the Clerk of any address change.
It shall be the responsibility of the defendant to notify the Clerk of any change of address.
Criminal cases
Page 12 | RULE 10 INDIVIDUAL BONDS
Counsel must notify the Clerk of Court, the Judge's office, and all interested parties by 2:00 p.m. the day before the court date or docket call if an event requires the matter to be removed from the docket.
Counsel shall notify the Clerk of Court, the Judge's office and all interested parties by 2:00 p.m. the day prior to the court date/docket call of any event which requires that the matter be removed from the docket (i.e. settlement, nonsuit, agreement to continue a first setting, etc.).
Page 2 | Rule 2.0 Appearance of Counsel
Upon the hearing of a matter which is a companion to another case, counsel and/or self-represented litigant shall indicate to the Clerk of the Court and the Court that such case is a companion to another existing case.
Upon the hearing of a matter which is a companion to another case, counsel and/or self-represented litigant shall indicate to the Clerk of the Court and the Court that such case is a companion to another existing case.
Page 2 | Rule 3.0 Filing and Service of Papers
For the stated exceptions, the resetting letter must be sent to the Clerk of the Court.
In such instances, a letter shall be sent to the Clerk of the Court specifically stating that the case is being reset by agreement and by sending a copy of the letter to the opposing party or counsel as well as to the Judge's office.
Page 4 | Rule 5.0 Continuances
Parties unable to travel to Court during a weather or environmental-based emergency must notify the Court through the Juvenile Court Clerk's Office or Juvenile Services Center.
If parties are unable to commute to Court, they must notify the Court of the inability to be present by contacting the Rutherford County Juvenile Court Clerk's Office or the Rutherford County Juvenile Services Center.
Page 7 | General Rules Applicable to All Cases
Counsel for the party calling a witness who needs an interpreter must notify the Judge's office as soon as possible, no later than ten judicial days before the hearing, and identify the language.
If a party or witness requires an interpreter, counsel for the party calling the witness shall notify the Judge's office as soon as possible but in no event later than ten (10) judicial days prior to the hearing with notice of the language to be interpreted so that arrangements may be made to ensure the interpreter's availability and to avoid a continuance.
Page 16 | 4.08 SCHEDULING OF HEARINGS AND CONTINUANCES.
Trial dates may be obtained from the Trial Judge's office.
By obtaining dates from the Trial Judge's office
Page 9 | 2.01 SETTING CASES FOR TRIAL