Rutherford County Circuit Court, Tennessee Electronic Filing Rules

CRITICAL

Applies to

Document requiring signature or notarization

A document requiring a signature under penalty of perjury or notarization may be filed electronically if the declarant or notary signs a printed form and it is scanned and filed in a format accurately reproducing the original signatures and contents.

Documents required by law to be signed under penalty of perjury or to be notarized may be filed electronically if the declarant and/or notary signs a printed form of the document, and thereafter scans and files the document in an electronic format that accurately reproduces the original signature(s) and contents of the document.

CRITICAL

Attorneys intending to practice Pro Hac Vice may not register.

Attorneys who intent to practice Pro Hac Vice are not allowed to register.

CRITICAL

For any trial, hearing, or motion docket, all parties must access exhibits using the ECF.

For any trial, hearing, or motion docket all parties must access the exhibits using the ECF.

CRITICAL

Applies to

Evidence

All evidence must be submitted no later than 48 hours before trial, hearing or motion docket using ECF.

All evidence must be submitted no later than 48 hours before trial, hearing or motion docket using ECF.

CRITICAL

The listed users may e-file after completing registration requirements or user account configuration.

“Authorized Users” means the following persons who, upon completion of the registration requirements or user account configuration, may E-File documents: - a. Attorneys licensed to practice law in Tennessee. - b. Pro Se litigants. - c. Law Enforcement Officers. - d. Process Servers. - e. Agents of Governmental entities. - f. Special appointed agents for Domestic Violence Support. - g. All Court judges and their staffs; and - h. The Clerk and all deputy clerks of the Clerk's Office.

CRITICAL

An E-Filer is an authorized user with a Court-approved e-filing login, username, and password.

“E-Filer” is an authorized user who has a Court approved E-Filing login, username, and password allowing E-Filing of documents into the Court’s CMS and DMS.

CRITICAL

The Clerk must make a public terminal for e-filing and viewing public electronic records available in the Circuit Civil Clerk’s Office during normal business hours.

“Public Access Terminal” means a publicly accessible computer provided by the Circuit Court Clerk for the purposes of allowing E-filing and viewing of public electronic court records. The public access terminal shall be in the Circuit Civil Clerk’s Office and made available during normal business hours.

CRITICAL

Applies to

Document

For new cases filed on or after the rules’ effective date, the Court must accept documents filed through e-filing as validly filed, except as otherwise provided in the rules.

- (a) Except as expressly provided herein, for all new cases filed on or after the effective date of these E-Filing Rules, the Court shall accept as validly filed all documents that are filed through E-Filing.

CRITICAL

Applies to

Original document

After fax filing, do not file a later original because the fax filing is stamped as the original document.

In the event of fax filing, an original is not to be filed at a later time as the fax filing will be stamped as an original document.

CRITICAL

Exhibit files exceeding 10.0 MB must be provided to the Court Clerk on a thumb drive the same day other exhibit files are submitted.

an exhibit file must exceed 10.0 MB, the file shall be provided to the Court Clerk on a thumb drive the same day that other exhibit files are submitted.

CRITICAL

Attorneys must provide a valid Tennessee-issued Bar Number.

Attorneys must include a valid Tennessee issued Bar Number.

CRITICAL

Authorized users who want to e-file must register as E-Filers on the ECF Website.

Persons who qualify as authorized users and who desire to electronically file a document shall register as an E-Filer on the ECF Website.

CRITICAL

Pro se litigants recorded in TnCIS must register as Authorized Users in ECF.

Pro se litigants recorded in TnCIS on a case must be registered Authorized Users in ECF

CRITICAL

The Court adopts electronic filing, and electronically filed pleadings and documents are treated the same as paper-filed documents.

In accordance with Rule 5B of the Tennessee Rules of Civil Procedure, The Circuit Civil Court of Rutherford Tennessee for the Sixteenth Judicial District adopts electronic filing. Pleadings and other electronic documents filed electronically in the Circuit Civil Court shall be considered filed the same as court documents filed in paper format.

CRITICAL

Applies to

Document with electronic signature

An electronically signed document must be filed using the signer's account and is binding on that individual even if the user shares login credentials.

Any document filed with an electronic signature must be filed using the user account of the individual electronically signing the document. Any document signed and filed using the account that matches the signature is considered binding on that individual even if that user shares their username and password.

WARNING

The Court and Clerk may issue and file notices, orders, and other documents electronically, subject to the E-Filing Rules.

- (b) The Court and the Clerk may issue, file, and serve notices, orders, and other documents electronically, subject to the provisions of the E-Filing Rules.

WARNING

Faxed documents are excluded from the definition of e-filing under these rules.

“E-file” or “E-filing” means the electronic transmission of original documents to the Court, and from the Court, for the purposes of recording information and Court documents to a Court case or other official Court purposes. For purposes of these rules, e-filing does not include the filing of faxed documents.

WARNING

E-Filer registration requires accepting the user agreement, identifying the account role, entering personal information and login credentials, and submitting the request.

The registration process requires the prospective user to accept the user agreement, identify their role for the account, enter their personal information, their username and password, and submit the request.

WARNING

Applies to

Electronic evidence

Electronic evidence may be submitted through ECF and is strongly encouraged, but is not mandatory for now; traditional methods remain temporarily accepted until the Court orders electronic-only submission, and impractical or impossible-to-convert evidence is not subject to the EEP.

- (a) Electronic Evidence as defined below for use in any trial, hearing or motion docket may (temporarily not mandatory) be submitted using Electronic Court Filing System “ECF.” These EEP apply in all cases, contested matters and adversary proceedings. - (b) While the Court strongly encourages evidence to be submitted electronically, evidence will be accepted by the Court or Clerk of the Court through traditional methods on a temporary basis until such time that the Court orders that evidence will only be accepted electronically. Ample notice will be given of such a requirement. Evidence that is submitted in court during a hearing and which is amenable to scanning will be scanned by the clerk, entered in the electronic file, and returned to the attorney or prose litigant who submitted it to the Court. Maintaining all original copies of the evidence, whether filed electronically or in paper will be the responsibility of the filer. - (c) Evidence that is impractical or impossible to submit in electronic format – such as physical objects, original documents when required and oversized documents not capable of conversion to a format listed below – are not subject to EEP.

WARNING

E-filing is strongly encouraged, and documents eligible for traditional filing may be e-filed, subject to the exclusions in subsection (b).

- (a) E-Filing of documents is strongly encouraged by the Court except as provided by subsection (b) below, a document that can be traditionally filed with the Court may be E-filed.

WARNING

E-Filers must immediately update their E-Filing profile when their firm name or listed contact information changes.

E-Filers shall change their E-Filing profile immediately upon any change in firm name, delivery address, phone number, fax number or email address.

WARNING

Out-of-state attorneys who are not admitted in Tennessee must associate with an attorney holding a Tennessee-issued Bar number and follow the rules for participating in a case.

Out of State Attorneys who are not admitted to the Bar in Tennessee are required to associate with an attorney who has a Tennessee issued Bar number, and they must follow the rules for participating in a case.

WARNING

E-filing is the preferred filing method, subject to the incorporated Rutherford County electronic filing rules, with these Rules controlling in the event of conflict.

E-Filing is the preferred method of filing. The Rutherford County Chancery Court Electronic Filing Rules and the Rutherford County Circuit Court Electronic Filing Rules, which are identical, are hereby incorporated by reference, and can be found at www.rcchancery.com and www.circuitcourtclerk@rutherfordcountytn.gov. Where the Electronic Filing Rules are in conflict with these Rules, these Rules shall prevail.

WARNING

The Court or Clerk may exclude documents or types of cases from e-filing and will post notice of those exclusions on the Court’s E-Filing Website.

- (b) The Court or the Clerk may exclude documents and/or certain types of cases from E-Filing. Notice of these excluded documents and/or cases will be provided on the Court’s E-Filing Website <circuitcourtclerk.rutherfordcountytn.gov>.

WARNING

Facsimile filing is permitted for documents in an already-filed case, but not to initiate a new case; faxed signatures and documents are treated as originals, and duplicative originals need not be filed.

Facsimile filing is allowed to every extent allowed by the Tennessee Rules of Civil Procedure. New cases may not be filed by facsimile. However, once a case is filed, answers, motions, briefs, and other documents may be filed by facsimile. Once submitted by facsimile, copies of signatures submitted by facsimile shall be deemed by the Court to be original signatures, and documents submitted by facsimile shall be deemed to be original documents. It is not required that original documents which are duplicative of documents submitted by facsimile be filed.

INFO

Applies to

Document requiring notarization oath or multiple signatures

A document requiring notarization, an oath, or multiple signatures may be e-filed as a scanned image of the original.

A document that is required to be, verified by a notary public, sworn to, or made under oath, or one that requires multiple signatures may be E-Filed on as a scanned image of the original.

INFO

Fax filing is accepted according to Rule 5A.

Fax filing shall be accepted according to Rule 5A.

INFO

If no approval email arrives, the user may check whether the account is active by logging into the ECF website.

If the user does not receive an email the user can determine if their account is activated by logging into the ECF website.

INFO

Applies to

Other paper

All other papers may be signed electronically.

All other papers may be signed electronically.

INFO

The Juvenile Court of Rutherford County permits papers to be filed, signed, or verified electronically.

Pursuant to Tenn. R. Juv. P. 106 and Tenn. R. Civ. P. 5B, the Juvenile Court of Rutherford County permits papers to be filed, signed, or verified by electronic means.

INFO

E-filers may access the E-Filing Website through an internet access point or the Clerk’s Public Access Terminal.

- (c) E-Filers may obtain access to the E-Filing Website either through an internet access point or by using the Clerk’s Public Access Terminal located in the Clerk’s Office.