Rutherford County Circuit Court, Tennessee Document Filing Requirements

WARNING

Applies to

Parenting plan

The Parenting Plan should include Child Support Worksheets and Order the obligated parent to pay child support pursuant to the Worksheets.

The Parenting Plan should include Child Support Worksheets and Order the obligated parent to pay child support pursuant to the Worksheets.

WARNING

Applies to

E filed document

The party or attorney signing an E-Filed document must also follow the requirements in Part 13.

In addition to the information required by TRCP Rule 11 and any other Local Rule, the Part or attorney signing a document that is being E-Filed shall also follow the requirements in Part 13.

WARNING

Applies to

Joint proposals

Counsel are strongly encouraged, but not required, to collaborate on joint jury-instruction and verdict-form proposals.

Counsel for the parties are strongly encouraged to collaborate with one another in order to submit items five (5) and six (6) as joint proposals.

WARNING

Applies to

Statement of issues income and expenses

The statement must indicate all applicable pendente lite issues.

ISSUES: The issues in this cause pendente lite include: (check all that apply)

WARNING

Applies to

Demographic information update worksheet

Re-enter the docket number and court code when providing information for additional dependents.

Docket # and Court Code Must be re-entered for additional dependents.

WARNING

Applies to

Judgment

Private process fees should be presented to the court to be included in the principal amount of the judgment.

Private process fees should be presented to the court to be included in the principal amount of the judgment.

WARNING

Applies to

Motion

The Court will treat a motion as requesting oral argument unless it states “NO ORAL ARGUMENT REQUESTED” directly under the case number.

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.

WARNING

Applies to

Demographic information update worksheet

Please check one of the following: Please check only one: Original Order Modified Order Updated Order

Please check one of the following: Please check only one: Original Order Modified Order Updated Order

WARNING

Applies to

Uniform affidavit of indigency

When completing Part II of the affidavit, do not repeat items already listed in Part I.

If Part II is to be completed, do not list items already listed in Part I.

WARNING

Applies to

Entry of appearance

Counsel must enter an appearance by filing either an initial pleading or a formal entry of appearance.

Entry of Appearance shall be required to be made in one of the following ways: - 1. The filing of an initial pleading; or - 2. The filing of a formal entry of appearance.

WARNING

Applies to

Plea

When T.C.A. §40-38-101 applies, the court may refuse the plea unless the prosecutor states on the record that they communicated with the victim before the plea or made a good-faith effort to do so.

In cases where Tennessee Code Annotated (T.C.A.) §40-38-101 applies, the court may refuse to accept the plea unless the prosecuting attorney states on the record that he or she has, before the plea, communicated with the victim regarding the plea or made a good faith effort to communicate with the victim.

WARNING

Applies to

Motion to withdraw

A motion to withdraw must state its reason unless the applicable rules governing counsel's responsibilities 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 parties.

WARNING

Applies to

Temporary restraining order order

An order granting or denying a temporary restraining order must be filed with the Clerk.

The Order, whether granted or denied, shall be filed with the Clerk.

WARNING

Applies to

Notice consent waiver

With court permission, all parties may waive review by executing and filing the specified form; the Court may require the waiver before placing a matter for final hearing on a Magistrate's docket.

At any time during the pendency of the proceedings and with the permission of the Court, the parties may collectively waive their right to a review of the record by the Judge, thereby stipulating that the final ruling of the Magistrate will be the final Order of the Juvenile Court. If all parties to a pending action wish to waive their right to a review of the record, they shall execute and file a "Notice, Consent, and Waiver of Right to a Review of the Record by the Judge" form, as set forth in Appendix B. The waiver may be required by the Court before a matter is placed for a final hearing on a Magistrate's docket.

WARNING

Applies to

Brief

The Judge or Magistrate may require briefs and responses at their discretion.

Briefs and responses may be required at the discretion of the Judge or Magistrate.

WARNING

Applies to

Judgment

All other costs of court should not be included in the principal amount of the judgment and they will be added by the Clerk of the Court automatically.

All other costs of court should not be included in the principal amount of the judgment and they will be added by the Clerk of the Court automatically.

WARNING

Applies to

Uniform affidavit of indigency

The Uniform Affidavit of Indigency calls for the defendant to make an oath, subject to the penalty of perjury, to the facts provided.

Comes the defendant and, subject to the penalty of perjury, makes oath to the following facts (please list, circle, complete, etc.):

WARNING

Applies to

Uniform affidavit of indigency

If the defendant is in custody, unable to make bond and the answers to questions one (1) through eleven (11) make it clear that the defendant has no resources to hire a private attorney, skip Part II and complete Part III.

If the defendant is in custody, unable to make bond and the answers to questions one (1) through eleven (11) make it clear that the defendant has no resources to hire a private attorney, skip Part II and complete Part III.

INFO

Applies to

Parenting plan

The Court may order that a Parenting Plan be submitted and incorporated by reference into a Final Order.

The Court may also order that a Parenting Plan be submitted and incorporated by reference into any Final Order.

INFO

Applies to

Demographic information update worksheet

Additional dependents may be listed on a separate page and faxed to the listed number.

Additional dependents can be entered on a separate page and faxed to the above numbers.

INFO

Applies to

Demographic information update worksheet

Parents' information does not need to be re-entered for additional dependents.

Father's and Mother's Information need not be re-entered.

INFO

Applies to

Subpoena

Unrepresented parties may use the forms provided by the Juvenile Court Clerk's Office.

Parties not represented by attorneys may use the forms provided in the Juvenile Court Clerk's Office.

INFO

Applies to

Discovery material

Discovery materials need not be filed with the Clerk unless and until they are to be considered by the Court.

Interrogatories or Request for Admissions or Production of Documents or other discovery material need not be filed with the Clerk unless and until it is to be considered by the Court for some purpose.

INFO

Applies to

Agreed order

An Agreed Order announced on the record in Court need not be signed by the parties before it is lodged with the Juvenile Court Clerk.

Any Agreed Order that is announced in Court on the record does not have to be signed by the parties prior to being lodged with the Juvenile Court Clerk.

INFO

Applies to

Trial brief

Trial briefs should address anticipated contested factual and legal issues and include the theories of law and case authority counsel wants the Court to consider.

Trial briefs should address contested issues of fact and law which counsel anticipates. The brief should contain theories of law and case authority which counsel seeks the Court to consider.

INFO

Applies to

Conditional judgment motion

A motion for conditional judgment need not be filed or set.

The requirement of filing and setting a motion for conditional judgment is removed.

WARNING

Select only one of the listed registry or collections options.

Please check only one: State Case Registry Centralized Collections Both of the above