Rutherford County Circuit Court, Tennessee Document Filing Requirements

CRITICALCriminal cases

Applies to

Change submission

Changes to a bonding company's name, ownership, or agents must be submitted in writing and approved by court order within 10 days of the change.

- 2. Any changes to a bonding company's name, ownership, or agents as submitted in the original petition must be submitted in writing and approved by order of the Court within ten (10) days of said changes.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A Certificate of Service must state the date and manner of service and the names and locations of each person served.

The Certificate of Service shall contain the date and manner of service and the names and locations of each person served.

CRITICALCriminal cases

Applies to

Bail bond contract written undertaking bond power

Bail bond contracts, written undertakings, and bond powers must state the defendant's name, full address, and ZIP code in typed or legible printed form.

Contain the name, address (including any apartment number) and zip code of the defendant typed or legibly printed thereon.

CRITICAL

Applies to

Agreed order

An Agreed Order announced on the record must state that the agreement was announced in open Court, identify the parties and counsel present, give the announcement date, and identify the Judge or Magistrate.

However, such Orders must state in the body of the Order that the agreement was announced in open Court, all parties and counsel who were in attendance, the date it was announced and the Judge or Magistrate before whom the parties appeared.

CRITICAL

Applies to

Bail bond contract written undertaking bond power

For bonds of $75,000 or more, the bond documents must include photo identification copies for everyone other than the defendant or principal who delivers premiums, fees, or collateral to the agent.

include a copy of a photo identification of all persons (excluding the defendant/principal) delivering such premiums, fees or collateral to the agent if the bond is Seventy-Five Thousand Dollars ($75,000.00) or more.

CRITICAL

Applies to

Notice of appearance

An appearance is entered by filing pleadings, formally filing a notice of appearance, or receiving a court appointment order.

Entry of appearance shall be made by the filing of pleadings, formal entry of a notice of appearance, or by appointment Order from the Court.

CRITICAL

Applies to

Witness list

The District Attorney and defense attorney must submit a witness list with each witness's name, address, and phone number to the Juvenile Court Clerk for subpoena issuance and service.

The District Attorney and defense attorney will submit a list of witnesses, to include name(s), address, and phone numbers to the Juvenile Court Clerk for the issuance and service of subpoenas for that hearing.

CRITICAL

Applies to

Body attachment

A Body Attachment must contain a proper address for execution.

The Rutherford County Sheriff requires a proper address on the Body Attachment to be used to execute the address.

CRITICAL

Applies to

Petition

A petition must include an attached affidavit disclosing the petitioner's criminal history and any criminal charges.

The petition shall have an attached affidavit disclosing the criminal history and all criminal charges, if any, of the petitioner.

CRITICAL

Applies to

Workers compensation trial form

Parties must file the completed Appendix M form at least two Judicial Days before a contested workers' compensation trial, including the required stipulations and deposition certification.

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.

CRITICAL

Applies to

Order

Must include

certificate of service

Orders must be provided to all necessary parties and include a Certificate of Service.

In all cases, orders shall be provided to all necessary parties and include a certificate of service.

CRITICAL

Applies to

Bail bond contract written undertaking bond power

Each bail bond contract, written undertaking, and bond power must show the defendant's name, address including any apartment number, and ZIP code, typed or legibly printed.

contain the name, address (including any apartment number) and zip code of the defendant typed or legibly printed thereon.

CRITICAL

Applies to

Notice of appeal

The notice of appeal must also be filed in Circuit Court.

The notice of appeal shall also be filed in the Circuit Court reflecting the appeal.

CRITICAL

Applies to

Witness and exhibit lists

Witness and Exhibit Lists for a Pendente Lite hearing must be filed in accordance with Rule 3.01.

(E) Witness and Exhibit Lists for a Pendente Lite hearing shall be filed in accordance with Rule 3.01.

CRITICAL

Counsel who want notices or copies by email or in a designated Clerk's-office box must indicate that preference in the court file on the prescribed form.

Counsel wishing to receive notice of filings and/or copies of filings via email or in their designated box in the Clerk's office must clearly indicate the same in the court file on a form prescribed by the Court available in the Clerk's office.

CRITICAL

Applies to

Semi annual financial report

The semi-annual report must list all current and active qualified bonding agents approved for the company.

all current and active qualified bonding agents approved for said company;

CRITICAL

Applies to

Motion

Every motion must cite the Rule of Procedure on which counsel relies.

All motions shall cite the Rule of Procedure upon which counsel relies.

CRITICAL

Applies to

Body attachment recall order

When a later Body Attachment is issued, an order recalling any previous Body Attachment must be filed in the Clerk’s office.

In the event subsequent Body Attachments are issued in a case, an Order recalling any previous Body Attachment shall be filed in the Clerk's office.

CRITICAL

Applies to

Juror questionnaire

At the beginning of jury service, each prospective juror completes a questionnaire, which is filed with the appropriate Clerk and made available to counsel in the Clerk's office.

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.

CRITICAL

Applies to

Affidavit

If the parties use affidavits to support a non-contested divorce without children, the affidavits must be in the form shown in Appendix I.

- 3. Upon the affidavits of the parties in the form shown in Appendix I attached hereto.

CRITICAL

Applies to

Mental health evaluation order

A separate form completed by counsel must accompany each covered mental-health evaluation order and include the listed information, including an arrest report if available.

In all mental health evaluations under the provisions of Tennessee Code Annotated (T.C.A.) §33-7-301, a separate form shall accompany the order. This form, to be filled out by counsel, shall at least include the reason for the request, observed behavior, nature of charges, social history (including a history of prior treatment), a prior criminal record, copy of arrest warrant or indictment and, if available, the arrest report.

CRITICAL

Applies to

Waiver of review

Consent to waive review is optional and may be withheld without adverse substantive consequences; if chosen, the waiver must be made orally in open court and confirmed in writing.

You may consent to waive your right to a review of the record by the Judge of the Juvenile Court, or you may withhold your consent without adverse substantive consequences. If you decide to waive your right to a review of the record by the Judge, this waiver shall be made orally in open Court, and shall also be confirmed in writing below.

CRITICALCriminal cases

Applies to

Petition for approval of new bonding company

The petition must include a copy of the bonding entity’s agents school certificate.

A copy of the bonding entity's agents school certificate;

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a statement certifying the unsuccessful good-faith conference, made by counsel or by the moving party if pro se.

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.

CRITICAL

Applies to

Statistical information sheet

When the parties have minor children, they must provide the Clerk a statistical information sheet in the form shown in Appendix J.

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.

CRITICAL

Applies to

Final decree of divorce

The Final Decree of Divorce must state each party's full name, place of employment, and address.

The Final Decree of Divorce shall provide the full names, places of employment, and addresses of the parties.

CRITICAL

Applies to

Real property bond

An individual seeking to post a real property bond must submit a current insured title opinion letter from a Clerk-approved attorney identifying the property and its encumbrances.

Any individual who desires to post a real property bond pursuant to Tennessee Code Annotated (T.C.A.) $40-11-122 shall submit a current insured title opinion letter by an attorney approved by the Clerk identifying said real property and reflecting any encumbrances thereon.

CRITICAL

Applies to

Statement in compliance with rule 12 02

Rule 12.02 statements must be signed under oath by the respective party and by counsel, if any.

- (C) Statements under this rule shall be signed by the respective party, under oath, and their counsel, if any.

CRITICAL

Applies to

Judgment order

Unless the Court directs otherwise, the District Attorney General or designee must prepare judgment orders.

Unless the Court directs otherwise, the District Attorney General or his designee shall prepare judgment orders.

CRITICAL

Applies to

Summons

A copy of the petition must accompany the summons, except that publication service may use a general description of the allegations and may provide instructions for obtaining the petition instead.

A copy of the petition shall accompany the summons unless the summons is served by publication in which case a general nature of the allegations may suffice with instructions as to where to obtain a copy of the petition may be provided in lieu of the entire petition.

CRITICALCriminal cases

Applies to

Criminal history background check results

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.

CRITICALCriminal cases

Applies to

Premium property notice

If an agent accepts property other than cash or another negotiable instrument for a premium, the agent must notify the Administrative 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 Administrative Judge and the District Attorney General in writing.

CRITICAL

Applies to

Quarterly report

The quarterly report must list all outstanding bonds and their amounts as of the end of the report month.

all outstanding bonds and their amounts ending with the month of the report;

CRITICAL

Applies to

Request for review

A request for review of the record by the Juvenile Judge must be in writing.

Any party requesting a review of the record by the Juvenile Judge shall file a written request for a review of the record within ten (10) days of the entry of the final order by the Magistrate, excluding non-judicial days.

CRITICAL

Applies to

Petition for approval of new bonding company

A new bonding-company approval petition must include the listed company, licensing, agent, ownership, funding, disciplinary, and sworn-statement information and documents.

(B) The petition shall contain the following information: - 1. the business name, street address and telephone number of the bonding company office, which will be located in Rutherford or Cannon County; - 2. a copy of the business license issued for the bonding company; - 3. a copy of the bonding entity's agents school certificate (annually with first semi-annual report only); - 4. 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, and petitioners are responsible for the cost of testing; - 5. a copy of all organizational documents (e.g., corporate charter, partnership agreement, etc.) and all other agreements or documents pertaining to the identity of the owners and interest holders in the said company, the distribution of profits from the said company, the source of all funds used to establish the company, and the names of those persons who will be personally liable for forfeiture judgments; - 6. list all disciplinary actions, such as suspension or termination as a bonding person or agent; - 7. identify the funds and source of said funds to be filed with the Clerk to establish the bonding capacity; and - 8. any officer or owner of a bonding company must attach a sworn statement under oath and penalty of perjury from each individual stating the following: - i. a list of all prior criminal convictions and all other information required by Tennessee Code Annotated (T.C.A.) $40-11-317; - ii. describe all relationships to any other bond company owner, interest holder, or agent of a bail bond company authorized to do business in Rutherford or Cannon County; - iii. a statement as to whether such people have ever been an owner, interest holder, or agent of a bail bond company authorized to do business in Rutherford or Cannon County; - iv. a statement as to whether such people are related, by blood or marriage, to any person who works for the Circuit Court Clerk, the Sheriff's Department, or any Judge of Rutherford or Cannon County; and - vi. a statement that the officers or owners of the bonding company and its proposed agents have read and are aware of the requirements of Tennessee Code Annotated (T.C.A.) $40-11-301, et seq. and $40-11-401, et seq., pertaining to the rules governing professional bonds persons, the requirements for continuing education, and the Rules of this Court governing bonding companies.

CRITICAL

Applies to

Treatment program credentials

Treatment-program credentials or qualifications must be submitted to the Circuit Court Clerk for court approval.

The credentials and/or qualifications of any treatment program shall be submitted to the Circuit Court Clerk for approval of the Court.

CRITICAL

Applies to

Workers compensation settlement

A workers' compensation settlement in which the employee has not waived the right to retain future medical bills must be supported by an Appendix O affidavit.

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.

CRITICALCriminal cases

Applies to

Proof of initial court appearance notification

The Clerk must retain proof that the defendant was notified of the initial court appearance.

The Clerk shall retain proof of such notification.

CRITICAL

Applies to

Motion

A motion seeking permission to serve additional interrogatories must include the proposed interrogatories and a memorandum establishing good cause.

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.

CRITICALCriminal cases

Applies to

Drug treatment completion documentation

An agent may petition for reinstatement after providing written documentation of successful completion of a drug treatment program.

After the agent has provided written documentation of successful completion of a drug treatment program, the agent may petition the Court for reinstatement.

CRITICAL

Applies to

Body attachment

Before accepting custody of a Defendant detained in another jurisdiction, the Rutherford County Sheriff must have a copy of the Body Attachment with appropriate identifiers.

The Rutherford County Sheriff (through the Rutherford County General Sessions Clerk) must have a copy of the attachment with the appropriate identifiers before they can accept custody of a Defendant from another jurisdiction who has been detained on a Rutherford County Body Attachment.

CRITICAL

Applies to

Bail bond contract written undertaking bond power

Each bail bond contract, written undertaking, and bond power must be signed by the agent making the bond.

be signed by the agent making said bond;

CRITICAL

Applies to

Application

An application for a new bonding company or agent must obtain the TBI Form from the specified Circuit Court Clerk's office.

- 2. obtain Tennessee Bureau of Investigation (TBI) Form from the Rutherford or Cannon County Circuit Court Clerk's office;

CRITICAL

Applies to

Deferred payment application

An application for deferred payment of fines and costs on an installment basis shall be made by the defendant to the Clerk, which application should present a detailed plan of the amount of payment to be made and the date thereof, with no payment being less than $25.00.

An application for deferred payment of fines and costs on an installment basis shall be made by the defendant to the Clerk, which application should present a detailed plan of the amount of payment to be made and the date thereof, with no payment being less than $25.00.

CRITICALCriminal cases

Applies to

Financial statement

Material changes to financial statements submitted to the Court must be corrected and filed with the Clerk immediately.

- 4. Any material changes to the financial statements submitted to the Court must be corrected and filed with the Clerk immediately upon occurrence.

CRITICAL

Applies to

Warrant

Attorneys must complete warrants for defendants who are not present as default judgments for court approval.

Said attorneys shall complete all other warrants for defendants not present in court as default judgments for the court's approval.

CRITICAL

Applies to

Certificate

Must include

certificate of service

A representing attorney must provide a certificate of service to the Juvenile Court Clerk.

If the petitioner or respondent is represented by an attorney, then that attorney shall be responsible for preparation and service of summons and for providing a certificate of service to the Juvenile Court Clerk.

CRITICAL

Applies to

Minor settlement submission

At the hearing, plaintiff's counsel must provide the court a petition, an order, and documentation of the minor's medical expenses and present medical condition.

At such hearing, Plaintiff's counsel shall provide a petition and an order to the court with documentation reflecting the medical expenses incurred in connection with the claim, and describing the minor's present medical condition pursuant to Tenn. Code Ann. Section 29-34-105.

CRITICAL

Applies to

Certificate of compliance

The continuing-education compliance certificate must be furnished annually.

The certificate must be furnished annually as required by Tennessee Code Annotated (T.C.A.) $40-11-402.

CRITICALCriminal cases

Applies to

Monthly report

Each monthly report must cover the month's bonds and forfeitures, identify outstanding bonds and required case and agent details, report disciplinary actions, and be attested.

shall contain the following information for each bond: - a. All bonds and forfeitures must be reported for each month beginning with the 1st day of the month and ending with the last day of the month. - b. All outstanding bonds and their amounts ending with the month of the report; - c. The name of each defendant, the bail bond book page number, the date the bond was made, the name of the agent signing the bond book, the amount of the bond and the case number assigned by the clerk for the court that issued the warrant or capias. - d. All forfeitures and their amounts; - e. All disciplinary actions such as suspension or termination as a bonding person or agent. - f. The monthly report shall be an attested filing subject to prosecution for perjury.