Rutherford County Circuit Court, Tennessee Document Filing Requirements

CRITICAL

Applies to

Order

In civil cases, prevailing counsel or a pro se litigant must submit an order containing the Court's ruling to the Clerk within 30 days after the Judge announces a decision.

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.

CRITICAL

Applies to

Reset letter

For the stated exceptions, a letter must be sent to the Clerk stating that the case is being reset by agreement, with copies sent to opposing counsel or party and the Judge’s office.

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.

CRITICAL

Applies to

Filed document

Every petition, pleading, or other documents filed with the Court shall be served on all parties and contain either a certificate of service or summons pursuant to Rule 103 of the Tennessee Rules of Juvenile Practice and Procedure.

Every petition, pleading, or other documents filed with the Court shall be served on all parties and contain either a certificate of service or summons pursuant to Rule 103 of the Tennessee Rules of Juvenile Practice and Procedure.

CRITICAL

Applies to

Expunction affidavit

A defendant in the specified expungement categories who lives outside Tennessee or more than 150 miles from the county may submit through counsel an affidavit stating successful completion of probation or retirement instead of appearing, but counsel must appear when the case is docketed and comply with Rule 25.01's notice requirement.

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], or agreed order retirement, who resides outside the State of Tennessee or lives in excess of 150 miles from the county wherein the expunction is sought, may, through counsel, submit an affidavit in lieu of appearing in court setting out the successful completion of all terms of probation or retirement. Counsel for the defendant shall be required to appear in court on the day the case is docketed and is subject to the notice requirement set out in Rule 25.01.

CRITICAL

Applies to

Other order

The Clerk must prepare all other orders as directed by the Court.

The Clerk shall prepare all other orders as directed by the Court.

CRITICAL

Applies to

Nonsuit order

When the Defendant pays a civil judgment into the Clerk’s office before the court date and the Plaintiff takes a nonsuit, the Plaintiff or counsel must prepare an order giving formal written notice of nonsuit and requesting disbursement of funds.

When a Defendant satisfies a civil judgment prior to the court date by paying monies into the clerk's office and the Plaintiff/Plaintiff's attorney takes a nonsuit, the Plaintiff/Plaintiffs attorney shall prepare an order entering formal written notice of nonsuit and requesting disbursement of funds.

CRITICALCriminal cases

Applies to

Treatment program credentials

The treatment program's 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

Exhibits

Attorneys must provide copies of all exhibits to the Court and all parties.

Attorneys shall provide copies of all exhibits for the Court and all parties.

CRITICAL

Applies to

Final appealable order

A final and appealable order must be clearly identified as such and include language about the appeal process.

Any decision from the court considered to be a final and appealable order shall be clearly indicated on the document and include language regarding the appeal process.

CRITICAL

Applies to

Statistical data form

A party seeking a hearing in a parentage case must file a completed Exhibit A Statistical Data form with the Juvenile Court Clerk before the case may be set.

In parentage cases, no case will be set for hearing until the party seeking the hearing files a completed "Exhibit A" [Statistical Data] form with the Juvenile Court Clerk.

CRITICALCriminal cases

Applies to

Bail bond contract written undertaking bond power

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

Be signed by the agent making said bond;

CRITICAL

Applies to

Agreed trial setting order

An agreed order setting trial must state the trial date, time, place, and duration.

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;

CRITICAL

Applies to

Uniform civil affidavit of indigency

To proceed without paying filing fees on the basis of indigency, the filer must submit the Appendix P Uniform Civil Affidavit of Indigency for Court approval.

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.

CRITICAL

Applies to

Other document with signature

Other documents that generally include an attorney's or pro se E-Filer's signature must use the stated signature and address pattern.

For all other documents that generally include an attorney's or pro se E-Filer's signature the following pattern is to be used: /s/John Doe (Authorized User's name) and TN Bar No. (if any attorney) 123 Main Street (Authorized User's Street address) City, State, Zip Code

CRITICAL

Valuations and listings of all assets and debts are mandatory; debt exclusively associated with an asset should be listed with that asset and the resulting equity.

- (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.

CRITICALCriminal cases

Applies to

Sworn statement

Each required sworn statement must describe relationships to owners, interest holders, or agents of other authorized bail bond companies in Rutherford and Cannon County.

Describe all relationships to any other bond company owner, interest holder or agent of a bail bond company authorized to do business in Rutherford and Cannon County;

CRITICAL

Applies to

Bail bond contract written undertaking bond power

Each bail bond contract, written undertaking, and bond power must display the bonding company's name boldly and legibly, stamped or printed on the document.

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

CRITICAL

Applies to

Request for injunctive relief

Requests for injunctive relief must comply with Rule 108 of the Tennessee Rules of Juvenile Practice and Procedure.

All requests for injunctive relief shall comply with Rule 108, Tennessee Rules of Juvenile Practice and Procedure.

CRITICAL

Applies to

Supplemental income statement

The Supplemental Income Statement must be completed by people who meet any of the listed business or employment conditions.

This page must be filled out if you: - 1. Are self-employed, or - 2. Operate a business or practice a profession, or - 3. Are a member of a partnership or joint venture, or - 4. Are a shareholder in and are salaried by a closed corporation or similar entity.

CRITICAL

Applies to

Agreed permanent parenting plan

Before a non-contested divorce with children, or one submitted on stipulated grounds, may be granted, the parties must enter an Agreed Permanent Parenting Plan.

- 4. The parties have entered an Agreed Permanent Parenting Plan; and

CRITICALCriminal cases

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

Written submission of company name ownership or agent changes

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

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

CRITICAL

Applies to

Witness and exhibit lists

Witness and Exhibit Lists for a contested divorce trial must be filed in accordance with Rule 3.01.

- (D) Witness and Exhibit Lists for a contested divorce trial shall be filed in accordance with Rule 3.01.

CRITICAL

Applies to

Warrant

After completing the warrants, attorneys must return them to the court for calling and approval at the conclusion of the docket.

After completion of all warrants as agreed, by default, or otherwise as appropriate, attorneys shall return said warrants to the court for calling at the conclusion of the docket and approval by the court.

CRITICAL

Applies to

Motion to compel

A motion to compel answers or production 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

Body attachment

The Sheriff’s office must have appropriate identifiers, such as DOB and/or SSN, to ensure the correct person is detained.

In criminal matters, in order to avoid liability, the Sheriff's office must have appropriate identifiers (i.e. DOB and/or SSN) to be certain that the correct person is detained in jail pending the making of bond as in any other case.

CRITICAL

Applies to

Warrant

Unless good cause is shown, a warrant must identify the person or persons served, the date of service, and the process server or law-enforcement server as specified.

The warrant shall contain the following unless good cause shown: - 1. Person or persons served; - 2. Date served; and - 3. Name, address, and phone number of Process Server if an individual and the badge number and law enforcement agency if the server is in law enforcement

CRITICAL

Applies to

Semi annual financial report

The semi-annual report must be attested and is subject to prosecution for perjury.

The semi-annual report shall be an attested filing subject to prosecution for perjury.

CRITICAL

Applies to

Continuance order

An agreed continuance requires an order signed by counsel for all parties, and every continuance order must state the next hearing date.

Agreed upon continuances shall be by order signed by counsel for all parties. No case shall be continued indefinitely, and any order continuing a case shall specify the date the case will be heard.

CRITICAL

Applies to

Warrant

Attorneys must write the applicable statutory or contract post-judgment interest rate on the warrants.

Said attorneys shall write-in the statutory or contract post judgment interest rate where applicable.

CRITICAL

Applies to

Semi annual financial report

The semi-annual report must list any outstanding civil performance or costs bonds.

any outstanding civil performance or costs bonds;

CRITICAL

Applies to

Bail bond contract written undertaking bond power

Each bail bond contract, written undertaking, and bond power must identify property used to pay the premium and initiation fee, as well as 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

CRITICAL

Applies to

Uniform affidavit of indigency

A party entitled to a court-appointed attorney in a civil case must file an Appendix Q Uniform Affidavit of Indigency before an attorney may be appointed.

If a party is entitled to a court appointed attorney in a civil case, a Uniform Affidavit of Indigency in the form shown in Appendix Q must be filed before an attorney may be appointed.

CRITICAL

Applies to

Body attachment recall order

An order recalling a pending Body Attachment must be filed in the Clerk’s office.

An Order recalling the pending Body Attachment shall be filed in the Clerk's office.

CRITICAL

Applies to

Pretrial conference materials

Each party must present the specified factual statement, witness and exhibit lists, jury instructions, verdict form, and stipulations at the pre-trial conference.

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.

CRITICAL

Applies to

Pleading

An original pleading must be filed in every cause with enough copies for service on the parties.

An original pleading shall be filed in all causes and shall be accompanied by sufficient copies necessary for service upon the parties.

CRITICAL

Applies to

Supplemental income statement

The Supplemental Income Statement page must be completed by a party who meets any of the listed business, partnership, or corporate conditions.

This page must be filled out if you: - 1. Operate a business or practice a profession, or - 2. Are a member of a partnership or joint venture, or - 3. Are a shareholder in and are salaried by a closed corporation or similar entity.

CRITICAL

Applies to

Arraignment motion and order

To waive formal arraignment, a defendant must have hired an attorney who files an Arraignment Motion and Order waiving arraignment and setting a plea day; otherwise, the defendant and counsel must appear.

An unrepresented defendant's presence is required at arraignment unless he or she has hired an attorney and that attorney has filed an Arraignment Motion and Order (Appendix R) waiving formal arraignment and setting a plea day for the defendant as set by the Judge's calendar. The defendant and his or her counsel shall appear for formal arraignment if no motion for an order of arraignment is filed.

CRITICALCriminal cases

Applies to

Petition for approval of new bonding company

The petition must include qualifying oral fluid drug-screen results for the owner and each prospective agent.

A copy of the Oral Fluid Testing drug screen of the owner, and each prospective agent, as required by the Court by the PROVIDENCE PROBATION OFFICE or other vendor identified by the Circuit Court Clerk, and which has been performed within 48 hours of the date of filing the petition for permission to write bonds. Petitioners are responsible for cost of drug testing;

CRITICAL

Applies to

Workers compensation settlement

A workers' compensation settlement in which the employee waives the right to retain future medical bills must be supported by an Appendix N affidavit.

Any settlement reached in a Worker's Compensation action where the employee has agreed to waive his/her right to retain future medical bills shall be supported by an affidavit in the form shown in Appendix N attached hereto.

CRITICAL

Applies to

Corrected financial statements

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

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

CRITICALCriminal cases

Applies to

Sworn statement

Each required sworn statement must state that the company’s officers and/or owners and proposed agents have read and are aware of the specified statutory requirements and court rules.

A statement that the officers and/or owners of the bonding company and its proposed agents have read and are aware of the requirements of T.C.A. 40-11-301, et seq. and 40-11-401, et seq., pertaining to the Rules Governing Professional Bonds Persons and Requirements for Continuing Education, and the Rules of this Court governing bonding companies.

CRITICAL

Applies to

Trial witness and exhibit lists

For cases set for trial, witness and exhibit lists, excluding impeachment and rebuttal witnesses and exhibits, must be filed with the Clerk and exchanged between counsel at least three full judicial days before the hearing.

In cases set for trial, lists of all witnesses and exhibits (other than impeachment and rebuttal witnesses and exhibits) shall be filed with the Juvenile Court Clerk and exchanged between counsel at least three (3) full judicial days prior to the hearing.

CRITICAL

Applies to

Statement of issues income and expenses

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.

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.

CRITICALCriminal cases

Applies to

Bail bond contract written undertaking bond power

For a bond of $50,000 or more, the bond documents must include photo identification for each person other than the defendant/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 Fifty Thousand ($50,000.00) or more.

CRITICAL

Applies to

Pre trial motion

All pre-trial motions shall be accompanied by a memorandum and shall include the certification required by Tenn. R. Crim. P. Rule 49.

All pre-trial motions shall be accompanied by a memorandum and shall include the certification required by Tenn. R. Crim. P. Rule 49.

CRITICAL

Applies to

Continuance order

An order continuing a matter must state the grounds for the requested continuance.

Orders to continue must state the grounds for the continuance requested.

CRITICALCriminal cases

Applies to

Petition for approval of new bonding company

The petition must identify the funds and their source that will be filed with the Clerk to establish bonding capacity.

Identify the funds and source of said funds to be filed with the Clerk to establish the bonding capacity.

WARNING

Applies to

Temporary restraining order request

Persons seeking an order of the Court granting a Temporary Restraining Order should first file a complaint with the Clerk.

Persons seeking an order of the Court granting a Temporary Restraining Order should first file a complaint with the Clerk.

WARNING

Applies to

Agreed order

An agreed order permitting counsel to withdraw must be signed by all counsel and by the party whose counsel is withdrawing.

Agreed Orders allowing counsel to withdraw must have all counsel signatures and party the signature of the party whose counsel is withdrawing.