Rutherford County Circuit Court, Tennessee Document Filing Requirements

CRITICAL

Applies to

Petition for termination of child support

A divorced parent under a child-support order must petition the Court to terminate wage assignments or other support deductions when support should no longer be required.

It shall be the duty of the divorced parent who is under an order to pay child support to petition the Court for an order terminating wage assignments or other deductions for payment of support when child support should no longer be required.

CRITICAL

Applies to

Statement in compliance with rule 12 01

For each Pendente Lite hearing, both parties must provide an Appendix E Rule 12.01 statement with proof of income, signed under oath.

(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.

CRITICAL

Applies to

Order appointing special master

An order appointing a Special Master must use the form shown in Appendix D.

Any Order Appointing a Special Master shall be in the form shown in Appendix D attached hereto.

CRITICAL

Applies to

Final decree of divorce

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.

- (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.

CRITICALCriminal cases

Applies to

Notice

A bonding company must notify the Criminal Court Clerk in writing of address or telephone changes and provide notice within 10 days of the change.

- 1. The bonding company must notify, in writing, the Criminal Court Clerk of any changes to a bonding company's address or telephone number from that documented in the original qualifying petition. Written notice of any such changes shall be provided to the Clerk's office within ten (10) days of said changes.

CRITICAL

Applies to

Appeal trial setting order

Appeals from the specified courts are set by court order when perfected, and the Clerk prepares the order for the Judge's signature.

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.

CRITICAL

Applies to

Supplemental income statement

The Supplemental Income Statement must include the entity’s most recent federal income tax return and profit and loss statement.

Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, professional corporation or similar entity: - 1. The most recent Federal Income Tax Return; and - 2. The most recent Profit and Loss Statement.

CRITICAL

Applies to

Pretrial conference order

The Court must file a pre-trial conference order stating the conference date, time, and location and using the Appendix B form.

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.

CRITICAL

Applies to

Demographic information update worksheet

Fields marked with an asterisk are required.

*Fields Required.

CRITICAL

Applies to

Motion

Counsel who wants the Trial Judge to conduct the Pendente Lite hearing must file a motion requesting that arrangement.

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.

CRITICAL

Applies to

Trial setting order

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.

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.

CRITICAL

Applies to

Motion order

The attorney or the District Attorney must prepare motion orders as directed by the Court.

The attorney or the District Attorney shall prepare motion orders as directed by the Court.

CRITICAL

Applies to

Party information update

BOTH PARTIES MUSC UPDATE POLLOWING INFORMATION ANY CHANGES WITHIN 10 DAYS OF THE CHANGE TO THE CLERK OF THE JUVENILE, COURT, RUTHERFORD COUNTY, TENNESSEE.

BOTH PARTIES MUSC UPDATE POLLOWING INFORMATION ANY CHANGES WITHIN 10 DAYS OF THE CHANGE TO THE CLERK OF THE JUVENILE, COURT, RUTHERFORD COUNTY, TENNESSEE.

CRITICAL

Applies to

Continuance order

A continuance must be documented by a written order stating the reason, requester, and reassignment date; an agreed continuance order must be signed by counsel for all parties and specify a new hearing date.

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.

CRITICALCriminal cases

Applies to

Petition for approval of new bonding company

The petition must include a copy of the bonding company’s business license.

A copy of the business license issued for the bonding company,

CRITICAL

Applies to

Special request for extraordinary interlocutory relief

Special requests for extraordinary interlocutory relief in unindicted, unassigned cases awaiting Grand Jury action must be presented to the judge to whom the case will eventually be assigned, following the Circuit Court Clerk's office procedures.

All special requests for extraordinary interlocutory relief in unindicted and unassigned cases awaiting Grand Jury action shall be presented to the Judge where the case will eventually be assigned, according to the policy and procedure of the office of the Circuit Court Clerk.

CRITICALCriminal cases

Applies to

Semi annual report

A continuing-education compliance certificate is required for each qualified agent, must be furnished annually, and must be included in the first semi-annual report due January 15.

A certificate of compliance for each qualified agent for continuing education credits in the first semi-annual report due on January 15th. The certificate must be furnished annually as required by T.C.A. § 40-11-402.

CRITICALCriminal cases

Applies to

Initial court appearance notice

Upon release from custody, or at first appearance to booking authorities after receiving a citation, the Clerk must notify the defendant in writing of the initial court appearance.

Upon release from custody, or at first appearance to booking authorities upon receipt of a citation, the Clerk shall notify the defendant in writing of the initial court appearance.

CRITICAL

The attorney filing described in this rule must do so in writing and cite the authority supporting the requested relief.

attorneys shall be in writing and cite the rule, statute or other authority for the relief sought

CRITICAL

Applies to

Warrant

When filing a civil action related to a pending General Sessions Court action, the filer must note on the new warrant that it is a companion case.

Upon the filing of any civil action which is related to a pending action in General Sessions Court, the party filing such companion case shall note that the new warrant is a companion case to a pending General Sessions case.

CRITICAL

Applies to

Proposed temporary parenting plan

If a party seeks entry of a temporary parenting plan or the Court requires one, the parties must lodge proposed temporary parenting plans with the Juvenile Court Clerk at least three judicial days before the hearing.

If one or both parties desire entry of a temporary parenting plan or if the Court so requires, parties shall submit proposed temporary parenting plans to the Juvenile Court Clerk to be Lodged no later than three (3) judicial days prior to the hearing.

CRITICAL

Applies to

Judgment

A judgment containing more than one element must list damages and attorney's fees separately before the total.

All judgments which contain more than a single element must list damages and attorney's fees separately before the total.

CRITICAL

Applies to

Trial setting order

Every trial-setting order must certify that discovery, required mediation, and evidentiary depositions have been completed.

Any Order setting a case for trial shall include language certifying all discovery, mediation (if required), and evidentiary depositions have been completed.

CRITICAL

Applies to

Statement in compliance with rule 12 02

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.

- (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.

CRITICALCriminal cases

Applies to

Records inspection request

The District Attorney or designee may request inspection of records in writing, identifying the records and basis for the request; the Judge must order inspection for good cause shown.

A request to inspect such records may be initiated by the District Attorney or his designee by written request to the Administrative 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.

CRITICALCriminal cases

Applies to

Bail bond contract written undertaking bond power

Each bail bond contract, written undertaking, and bond power must prominently and legibly display the bonding company's name by stamp or printing.

Have the name of the bonding company boldly and legibly stamped or printed thereon;

CRITICAL

Applies to

Proposed order

The petitioner must file a proposed order for termination of child support in the form shown in Appendix L.

The Petitioner shall be required to file a Proposed Order for Termination of Child Support in the form shown in Appendix L attached hereto.

CRITICAL

Applies to

Petition for termination of child support

Such petitions can be filed pro se and be in the form shown in Appendix K attached hereto.

Such petitions can be filed pro se and be in the form shown in Appendix K attached hereto.

CRITICAL

Applies to

Jury trial order

A jury trial order must include the pre-trial conference date and time and the trial date, time, and duration.

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.

CRITICALCriminal cases

Applies to

Cash bond notice

A person depositing a cash bond must be notified in writing that the deposit is returnable subject to any court-ordered fines, costs, or restitution.

Any individual who desires to deposit a cash bond with the Clerk pursuant to T.C.A. § 40-11-118 shall be notified in writing that such cash deposit shall be returned subject to any fines, court costs or restitution as ordered by the Court.

CRITICALCriminal cases

Applies to

Sworn statement

Each required sworn statement must state whether the individual is related by blood or marriage to anyone working for the Circuit Court Clerk, Sheriff’s Department, or a Judge in Rutherford or Cannon County.

A statement as to whether such people are related, by blood or marriage, to any person who works for the Circuit Court Clerk and/or the Sheriff's Department and/or any Judge of Rutherford and/or Cannon County;

CRITICAL

Applies to

Juror information sheet

All petit jurors must complete the prescribed juror information sheet.

All Petit Jurors will be required to complete a prescribed juror information sheet and will be assigned a month of service in accordance with the needs of the Court.

CRITICAL

Applies to

Transport order

For an incarcerated client required to attend a hearing, counsel must lodge a transport order with the Clerk's office at least ten judicial days before the hearing and include the specified identifying and hearing information.

If counsel has a client who is incarcerated and their attendance is required at a hearing, counsel must submit a lodged transport Order with the Clerk's office at least ten (10) judicial days prior to the hearing designating the individual's name, date of birth, facility and/or agency whom has custody of the individual, the type of hearing to be conducted including approximate length of hearing and date and time of hearing.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must state its reason unless the governing rules of counsel responsibility excuse that statement.

Motions to withdraw shall state the reason the motion is made except where such is excused under the Rules governing responsibility of counsel to their client.

CRITICALCriminal cases

Applies to

Real property bond

A person seeking 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 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

Special masters report

A Special Master's Report does not become a court order until adopted by the Trial Judge's signature or through an Appendix G Order Approving Special Master's Report.

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.

CRITICALCriminal cases

Applies to

New agent application

New agents are subject to the requirements in section 2, paragraphs d and e and section h.

Regulations for new agents are same as section 2. paragraphs d. and e. and section h. above;

CRITICAL

Applies to

Order to set

When the Juvenile Court Clerk provides a potential hearing date, an Order to Set must be filed or the case will not be heard on that date, even if the Clerk's calendar shows it as set.

In cases where a potential hearing date is provided to the parties by the Juvenile Court Clerk, whether in open Court, at the Clerk's office, or via telephone, an Order must be filed setting the case for hearing. If no Order to Set is filed, the case will not be heard on the date in question despite the Clerk's calendar having the matter noted as being set.

CRITICAL

Applies to

Special masters report

After a Pendente Lite hearing, the Special Master must file a report containing findings of fact and conclusions of law in the Appendix F form.

(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.

CRITICAL

Applies to

Objection

A party opposing ratification must file a written objection with the Juvenile Court Clerk and give notice to all parties within three days of the hearing date.

If no party files a written objection, with notice to all parties, with the Juvenile Court Clerk within (3) days of the date of the hearing, the Court will deem there to be no opposition to ratification of the proposed Permanency Plan.

CRITICAL

Applies to

Written notice of agent employment status change

Written notice of changes in an agent's employment status must be submitted within ten days of the change.

Notice of any changes in the employment status of agents must be submitted in writing within ten (10) days of said change.

CRITICAL

Applies to

Written notice of address or telephone change

The bonding company must provide the Circuit Court Clerk with written notice of changes to its address or telephone number.

The bonding company must notify, in writing, the Circuit Court Clerk of any changes to a bonding company's address or telephone number from that documented in the original qualifying petition.

CRITICAL

Applies to

Motion to compel

A motion to compel must include as an exhibit the interrogatories or document-production requests for which answers are sought.

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.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery-related motion must contain a statement certifying the required unsuccessful good-faith conference.

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

Statement of issues income and expenses

If the income information is unavailable, attach the past two years of tax returns and all schedules.

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

Mediation report

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.

- (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.

CRITICALCriminal cases

Applies to

Drug screen request

The District Attorney or designee may request a drug screen in writing, specifying the test and basis, and the Judge may order it for good cause.

A request for a screen may be initiated by the District Attorney or his designee by written request to the Administrative 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.

CRITICAL

Applies to

Demographic information update worksheet

Complete the worksheet and fax one copy to the Child Support Clerk.

COMPLETE FORM AND FAX ONE COPY TO: CHILD SUPPORT CLERK 615-907-3165

CRITICAL

Applies to

Motion for leave to serve additional interrogatories

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.

CRITICAL

Applies to

Premium receipt

Bondsmen and agents must record premium payments in a duplicate receipt book, give a receipt copy to the defendant or representative, and include a description of property received and the tendering person's signature.

Every bondsman or agent must use a duplicate receipt book to record all payments for premiums. A copy of the receipt must be given to the defendant or the person acting on the defendant's behalf. Receipts must include: - 1. a specific description of all property, including cash or checks received from the defendant or someone acting on the defendant's behalf, and - 2. the signature of the defendant or the person acting on his or her behalf tendering the said funds.