Rutherford County Circuit Court, Tennessee Document Filing Requirements

CRITICAL

Applies to

Premium and initiation fee record

The bonding company must record and itemize premium and initiation-fee payments, provide a copy of the record to the defendant or representative, and retain it in its ordinary daily business records.

All funds or negotiable instruments accepted in payment or satisfaction of the premium and the initiation fee shall be recorded and itemized by the bonding company. A copy of the record documenting the premium and initiation fee received shall be provided to the defendant, or to the party acting in the defendant's behalf, and shall be maintained as a part of the ordinary, daily business records of said company.

CRITICAL

Applies to

Return of service

All returned summonses and returns of service must be filed with the Juvenile Court Clerk.

All returned summons and return of service shall be filed with the Juvenile Court Clerk.

CRITICAL

Applies to

Notice of association

Pro se litigants recorded in TnCIS must previously file a Notice of Association linking their ECF account to their TnCIS participant ID.

Pro se litigants recorded in TnCIS on a case must be registered Authorized Users in ECF and have previously filed a Notice of Association that links the ECF user account to the TnCIS participant ID.

CRITICALCriminal cases

Applies to

Bail bond contract written undertaking bond power

Each bail bond contract, written undertaking, and bond power must identify the property used to pay the premium and initiation fee and any other property received as collateral.

Identify the property used to pay the premium and initiation fee as well as any other property received as collateral for said bond, and

CRITICALCriminal cases

Applies to

Bond

The bonding company must certify that each bond is fully completed when the defendant/principal is released from custody.

It shall be the responsibility of the bonding company to certify that all bonds are fully completed upon the release from custody of the defendant/principal from custody.

CRITICALCriminal cases

Applies to

Sworn statement

Each required sworn statement must list all prior criminal charges, their dispositions and jurisdictions, and other information required by T.CA. 40-11-317.

A list of all prior criminal charges, whether resulting in a conviction or not, along with the disposition of the charge and the jurisdiction, as well as all other information required by T.CA. 40-11-317;

CRITICALCriminal cases

Applies to

Semi annual financial report

An authorized bonding company must file an attested semi-annual financial report with the Circuit Court Clerk, listing its approved active agents, outstanding civil performance or costs bonds, and persons with a financial or managerial interest.

Any bonding company authorized by the Court to execute bail or bonds, or bonds securing fines and cost, shall file with the Circuit Court Clerk a semi-annual financial report pursuant to T.C.A. § 40-11-303. The semiannual report shall be an attested filing subject to prosecution for perjury. Such reports shall include, but are not limited to, a listing of: - a. All current and active qualified bonding agents approved for said company, - b. Any outstanding civil performance or costs bonds. - c. All persons having financial or managerial interest in the bonding company.

CRITICAL

Applies to

Conditional judgment submission

Attorneys must submit an order for conditional judgment and a scire facias bearing a hearing date for approval.

Attorneys shall submit an order for conditional judgment and a scire facias with a hearing date for approval.

CRITICAL

Applies to

Quarterly report

The quarterly report must list all forfeitures and their amounts.

all forfeitures and their amounts;

CRITICAL

Applies to

Agreed trial setting order

By entering an agreed trial-setting order, counsel represents that discovery is complete and the case is ready for trial on the scheduled dates.

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.

CRITICAL

Applies to

Mental health evaluation order

Counsel for the defendant must prepare the order when the defendant requests the evaluation; the District Attorney or designee prepares it when the State requests the evaluation.

Where the evaluation is requested by the defendant, orders will be prepared by counsel for the defendant, and where the evaluation is requested by the State, the District Attorney or his designee will prepare the order.

CRITICAL

Applies to

Subpoena

Every subpoena must be issued by the Clerk in accordance with Rule 107(a).

Every subpoena shall be issued by the Clerk in accordance with Rule 107(a) of the Tennessee Rules of Juvenile Practice and Procedure.

CRITICAL

Applies to

Ratification filing

Must include

certificate of service

For a ratification hearing, the Department of Children's Services must lodge a proposed Permanency Plan and a Notice of Filing containing a Certificate of Service to all parties.

Department of Children's Services shall lodge a proposed Permanency Plan with the Juvenile Court Clerk, along with a Notice of Filing containing a Certificate of Service to all parties at least ten (10) days prior to the date set for the ratification hearing.

CRITICALCriminal cases

Applies to

Petition for approval of new bonding company

The petition must include organizational documents and documents identifying ownership, profit distribution, company funding sources, and persons liable for forfeiture judgments.

A copy of all organizational documents (e.g. corporate charter, partnership agreement) 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;

CRITICAL

Applies to

Bond

The bonding company must certify that all bonds are fully completed when the defendant-principal is released from custody.

It shall be the responsibility of the bonding company to certify that all bonds are fully completed upon the release from custody of the defendant-principal from custody.

CRITICALCriminal cases

Applies to

Change submission

Changes in agents' employment status must be submitted in writing and approved by the Court within 10 days of the change.

- 5. Any changes in the employment status of agents must be submitted in writing within ten (10) days of said change and be approved by the Court.

CRITICAL

Applies to

Body attachment

Every Body Attachment must provide for bond to be made as in any other criminal case.

All Body Attachments must now provide for bond to be made as in any other criminal case.

CRITICAL

Applies to

Motion to withdraw

Counsel may withdraw only for good cause, by court order on motion, and after notice to the party.

No counsel of record will be allowed to withdraw except for good cause and by order of the Court upon motion after notice to the party.

CRITICAL

Applies to

Negotiated plea agreement

In felony cases, the defendant must file a written negotiated plea agreement signed by the specified parties, including defense counsel if represented.

In all felony cases, the defendant must file a written negotiated plea agreement signed by the District Attorney or his representative, the defendant, and defense counsel if the defendant is represented.

CRITICAL

Applies to

Subpoena

After service, the original subpoena documents must be filed with the Juvenile Court Clerk.

Once served, original documents shall be filed with the Juvenile Court Clerk.

CRITICALCriminal cases

Applies to

Sworn statement

Each required sworn statement must state whether the individual has ever been an owner, interest holder, or agent of an authorized bail bond company in Rutherford and Cannon County.

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 and Cannon County;

CRITICAL

Applies to

Marital dissolution agreement

Before a non-contested divorce without children, or one submitted on stipulated grounds, may be granted, the parties must enter into a properly executed Marital Dissolution Agreement.

- 3. The parties have entered into a properly executed Marital Dissolution Agreement; and

CRITICAL

Applies to

Motion

Unless counsel does not seek a prompt hearing, every motion must include the specified hearing notice at its conclusion.

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 _____.

CRITICAL

Applies to

Order

Must include

judge name

Every order must state the presiding Judge's name immediately below the docket number.

(C) All orders shall contain the name of the Judge presiding over that case immediately under the docket number.

CRITICAL

Applies to

Objection to order

A party objecting to an order must submit an alternative order and identify specific objections to the original proposed order.

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.

CRITICAL

Applies to

Mental evaluation motion

When the stated competency concern arises, counsel must notify the Court by a written motion seeking a mental evaluation.

If counsel discovers a reasonable basis to believe his or her client was incompetent at the time of the offense or is incompetent to assist in his or her defense, this fact is to be made known immediately to the Court by written motion seeking a mental evaluation.

CRITICAL

Applies to

Original document

The party or filing attorney must maintain the original, make it available for inspection on reasonable notice, and retain it through final disposition and expiration of all appeal opportunities.

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

CRITICAL

Applies to

Semi annual financial report

The semi-annual report must include a continuing-education compliance certificate for each qualified agent.

a certificate of compliance for each qualified agent for continuing education credits.

CRITICALCriminal cases

Applies to

New bonding company or new agent application

Applicants must submit a completed application with a TBI criminal-history report for a nationwide records check based on fingerprints from each agent and owner.

Submit completed application with the report of criminal history conducted by the TBI for a nationwide record check based upon the submitted fingerprints of each agent and owner of the bonding company (at the expense of the bonding agency);

CRITICAL

Applies to

Quarterly report

The quarterly report must be filed as an attested filing subject to prosecution for perjury.

5. the quarterly report shall be an attested filing subject to prosecution for perjury.

CRITICAL

Applies to

Application

The application must include a completed application and a TBI nationwide criminal-history report based on fingerprints from each agent and company owner, at the bonding agency's expense.

- 3. submit completed application with the report of criminal history conducted by the TBI for a nationwide record check based upon the submitted fingerprints of each agent and owner of the bonding company (at the expense of the bonding agency); and

CRITICAL

Applies to

Marital dissolution agreement

Before a non-contested divorce with children, or one submitted on stipulated grounds, may be granted, the parties must enter into a properly executed Marital Dissolution Agreement.

- 3. The parties have entered into a properly executed Marital Dissolution Agreement;

CRITICAL

Applies to

Facsimile transmission

Each facsimile transmission must be preceded by a cover page signed by counsel guaranteeing prompt payment of user fees.

Each facsimile transmission must be preceded by a cover page bearing the signature of counsel guaranteeing prompt payment of the user fees.

CRITICAL

Applies to

Statement of issues income and expenses

The statement must include proof of income for the six most recent pay periods, or, if that information is unavailable, tax returns and all schedules for the past two years.

INCOME: It is mandatory to attach payroll records, leave earning statement from the military, or other proof of income for the past six (6) most recent pay periods. If such income information is not available, then the past two (2) years of tax returns and all schedules are required to be attached.

CRITICAL

Applies to

Pre trial conference submission

Each party must submit the listed factual, witness, exhibit, jury-instruction, verdict-form, and stipulation materials for the pretrial conference.

(d) To prepare for the Pre-trial Conference, each party shall mail/email/fax/hand-deliver to the other party, email to the Judge's Office Staff at _____, and file with the Clerk's Office, no later than five (5) Judicial Days prior to the Pre-Trial Conference, the following: (1) a concise factual statement of his or her client's claim and/or defense, 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 this cause, and identify any witness requesting to appear telephonically or virtually; (3) a list of names and addresses of all expert witnesses expected to testify at the trial of this cause, and identify any expert requesting to appear telephonically or virtually; 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, and (6) a proposed verdict form; (7) stipulate as to any matter of fact or law about which there is no issue;

CRITICALCriminal cases

Applies to

Deed of trust

For a real-estate-secured bail bond, the defendant or surety must execute a deed of trust conveying the property to the clerk.

If the bail bond is secured by real estate, the defendant or the defendant's surety shall execute a deed of trust conveying the real estate in trust to the clerk who shall immediately file the deed of trust in the office of the register of the county in which the real estate is situated.

CRITICAL

Applies to

Order

All orders must be lodged with the Clerk unless the Judge requests otherwise; orders sent directly to the Judge's office will be returned unsigned.

(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.

CRITICALCriminal cases

Applies to

New bonding company or new agent application

Applicants for new bonding companies and/or new agents must obtain a TBI Form from the Rutherford County Criminal Court Clerk’s office.

Obtain TBI Form from the Rutherford County Criminal Court Clerk's office;

CRITICAL

Applies to

Temporary proposed parenting plan

When the marriage has children, both parties must file a Temporary Proposed Parenting Plan 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.

CRITICALCriminal cases

Applies to

Reinstatement petition

After any suspension, the bonding company must petition the Court for reinstatement of the company and/or agent.

After any suspension, the bonding company must petition the Court for reinstatement of the bonding company and/or agent.

CRITICALCriminal cases

Applies to

Petition for approval of new bonding company

The petition must state the new company’s business name and its Rutherford County and/or Cannon County office address and telephone number.

The business name under which the new company will be operating and the street address and the business telephone number for the bonding company office, which will be located in Rutherford County and/or Cannon County;

CRITICALCriminal cases

Applies to

Background investigation results

The background investigation results must be furnished to the Court by the date of the en banc qualification hearing.

The results of the background investigation shall be furnished to the Court on or before the date of the en banc qualification hearing.

CRITICAL

Applies to

Order

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.

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.

CRITICALCriminal cases

Applies to

Petition for approval of new bonding company

The petition must include a sworn statement under oath and penalty of perjury from each person identified in paragraph d.

For all persons identified in paragraph d. above attach a sworn statement under oath and penalty of perjury from each individual stating the following:

CRITICAL

Applies to

Semi annual financial report

The semi-annual report must list all persons with a financial or managerial interest in the bonding company.

all persons having financial or managerial interest in the bonding company; and

CRITICAL

Applies to

Quarterly report

For each bond, the quarterly report must provide the defendant's name, bond-book page number, bond date, signing agent's name, bond amount, and the Clerk-assigned case number for the court issuing the warrant or capias.

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;

CRITICAL

Applies to

Pleading

Must include

certificate of service

Authorized Users must include a Certificate of Service on every pleading they file.

All Authorized Users must include a Certificate of Service on each pleading filed just as if it had been filed on paper.

CRITICAL

Applies to

Ex parte order request

An Ex Parte Order will be considered only on sworn pleadings and a completed affidavit; testimony will not be considered.

The Ex Parte Order will be considered only upon the sworn pleadings and completed affidavit. No testimony will be considered.

CRITICAL

Applies to

Motion

When a Pendente Lite hearing is requested in a divorce action, counsel must file a motion asking the Court to conduct the hearing.

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.

CRITICALCriminal cases

Applies to

Petition for approval of new bonding company

The petition must list all disciplinary actions, including suspensions or terminations, as a bonding person or agent.

List all disciplinary actions such as suspension or termination as a bonding person or agent;