Rutherford County Circuit Court, Tennessee Filing Timing and Cure Windows

CRITICAL

A document received by the Clerk before local midnight is deemed filed that date if it otherwise satisfies the applicable filing rules.

Any document received by the Clerk before midnight local time of the Clerk's Office shall be deemed filed on that date is such document otherwise meets all the requirements for filing under the relevant rules of the Court.

CRITICALCriminal cases

The clerk must immediately file the deed of trust in the register's office for the county where the real estate is located.

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

After service, the original pleading must be submitted to the Juvenile Court Clerk's Office for filing, and the office shall accept it.

Once the pleading is served, the original shall be submitted to the Juvenile Court Clerk's Office, which shall accept them for filing.

CRITICAL

The Clerk must receive a letter resetting a matter by 2:00 p.m. on the day before the court date or docket call.

Letters resetting matters shall be received by the Clerk of Court by 2:00 p.m. the day before the court date/docket call.

CRITICAL

Judicial days are days when the applicable county courthouse and clerks’ offices are open, and the filing date is excluded when calculating days.

- (B) Within these Rules, the term “Judicial Days” in Rutherford County cases shall refer to days when the Judicial Building in Murfreesboro is open for business and the Clerks’ offices are open. Similarly, the term “Judicial Days” in Cannon County cases shall refer to days when the County Courthouse in Woodbury is open for business and the Clerks’ offices are open. The date of filing shall not be included in the calculation of days.

CRITICALCriminal cases

The required drug screen must have been performed within 48 hours of filing the petition.

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;

CRITICALCriminal cases

New agents may be added to existing bonding companies only in January and July of each year.

New agents for existing bonding companies can only be added in January and July of each year;

CRITICAL

A facsimile transmission received after 4:15 p.m. is considered filed the following business day.

Facsimile transmissions received after 4:15 p.m. will be considered to be filed the following business day.

CRITICAL

An E-Filed document is considered filed once the Clerk receives the entire transmission and approves it.

Any E-Filed document shall be considered as filed with the Clerk once the transmission of the entire document is received and approved by the Clerk.

WARNING

A rejected document filed again receives a new effective date upon approval based on when the corrected document was E-Filed.

Documents that are rejected and filed again will receive a new effective date, upon approval, based on when the corrected documents were E-Filed.

WARNING

A rejected document is not part of the official Court record, the E-Filer will receive rejection status, and the E-Filer may be required to re-file it to meet filing requirements.

In the event the Clerk rejects the submitted document following review, the rejected document shall not become part of the official Court record and the E-Filer will receive status on the submission of the rejection. E-Filer's may be required to re-file the document to meet necessary filing requirements.

WARNING

Illegible or sideways-scanned documents will be rejected, and the E-Filer must correct and re-file them.

Documents that are not legible or scanned sideways will be rejected and will require the E-Filer to correct the documents and E-File them again.

WARNINGCriminal cases

A bonding entity may apply for return of bond proceeds if the defendant is incarcerated in Tennessee within 30 days after the forfeiture becomes final.

- 7. Upon a forfeiture becoming final and timely paid, the bonding entity may apply for the return of bond proceeds if the defendant is incarcerated within Tennessee within thirty (30) days of the forfeiture becoming final.

WARNING

Corrected documents are date- and time-stamped based on when the corrected documents are E-Filed.

The corrected documents will be date and time stamped according to the date and time of E-Filing the corrected documents.

WARNINGCriminal cases

New bonding company agents may be added only in January or July.

- 3. New agents for bonding companies will only be added in January or July.

WARNING

Upon satisfactory proof of a qualifying transmission, processing, rejection, or technical error, the Court may permit filing as of the first attempted electronic filing date and may extend response or other performance periods.

If the E-Filing does not reach a status of RECEIVED because of; (1) an error in the transmission of the document to the Clerk which was unknown to the sending party, (2) a failure to process the electronic document when received by the Clerk, (3) rejection by the Court or Clerk, or (4) other technical problems experienced by the E-Filer or the Clerk, the Court may, upon satisfactory proof, enter an order permitting the document to be filed under pro tunc to the date the document was first attempted to be filed electronically and may also extend the date for any response or the period within which any right, duty, or other act must be performed.

CRITICAL

Deadline

3 court days

Applies to

Proposed temporary parenting plan

Proposed temporary parenting plans must be lodged at least three judicial days before the hearing when a party seeks entry of one or the Court requires one.

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

Objections to orders must be filed within 10 Judicial Days.

(B) Objections to orders must be filed within ten (10) Judicial Days.

CRITICAL

In a contested divorce involving minor children, the Plaintiff and Defendant must file a proposed Parenting Plan at least two Judicial Days before trial.

When a contested divorce involving parties who have minor children is scheduled for trial, the Plaintiff and Defendant shall file a proposed Parenting Plan at least two (2) Judicial Days before trial.

CRITICALCriminal cases

The background investigation results must be furnished to the Court on or before 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

Deadline

3 court days

Applies to

Trial witness and exhibit lists

Witness and exhibit lists must be filed at least three full judicial days before trial, and unlisted witnesses or exhibits generally may not be used; for DCS cases, the rule applies only to severe-abuse Dependency and Neglect trials and Termination of Parental Rights trials.

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. Witnesses and exhibits not listed may not be called/used except for impeachment or rebuttal purposes. For cases involving the Department of Children's Services (DCS), this Rule shall apply only to Dependency and Neglect trials alleging severe abuse and all trials for Termination of Parental Rights.

CRITICAL

Written notice of address or telephone changes must be provided to the Clerk's office within ten days of the change.

Written notice of any such changes shall be provided to the Clerk's office within ten (10) days of said changes.

CRITICAL

Deadline

10 court days

A party requesting Juvenile Judge review must file a written request within ten days of entry of the Magistrate's final order, excluding non-judicial days.

Any party requesting a review of the record by the Juvenile Judge shall file a written request for a review of the record within ten (10) days of the entry of the final order by the Magistrate, excluding non-judicial days.

CRITICAL

Applies to

Motion

Motions made before trial must be filed with the Court and served under Rule 106 at least five days before the hearing.

If made prior to trial, they must be filed with the Court and served pursuant to Rule 106 at least five (5) days prior to the hearing date.

CRITICAL

Deadline

8 court days

In a contested divorce, the Plaintiff and Defendant must file their Rule 12.02 statements no less than eight Judicial Days before the Final Hearing.

- (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.

CRITICAL

The proposed Permanency Plan and accompanying Notice of Filing must be lodged at least 10 days before the ratification hearing.

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.

CRITICAL

The pretrial-conference materials must be submitted no later than five Judicial Days before the conference.

no later than five (5) Judicial Days prior to the Pre-Trial Conference

CRITICALCriminal cases

Deadline

48 hours

Should an agent test positive for any illegal substance, the agent has forty-eight (48) hours to request that the remaining sample be forwarded to a certified laboratory for re-testing at the agent's expense.

Should an agent test positive for any illegal substance, the agent has forty-eight (48) hours to request that the remaining sample be forwarded to a certified laboratory for re-testing at the agent's expense.

CRITICALCriminal cases

The results must be submitted to the Circuit Court Clerk at least one week before the qualification hearings.

The results shall be submitted to the Circuit Court Clerk at least one (1) week before the date of the qualification hearings.

CRITICAL

Counsel must file pleadings, warrants, and similar materials at least three days before the docket call or court date to have them set on the regular civil docket.

Counsel shall file pleadings, warrants, etc. to be set on the regular Tuesday, Wednesday or Friday civil docket at least three (3) days prior to the docket call/court date.

CRITICAL

If counsel discovers a reasonable basis to believe the client was or is incompetent, counsel must immediately inform the Court by 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.

CRITICALCriminal cases

An owner or agent of an approved bonding company must immediately notify the Court of specified arrests, criminal charges, or civil actions involving that person.

- 6. Any owner or agent of an approved bonding company shall immediately notify the Court of any arrest or the filing of criminal charges involving the owner or agent, or the filing of any civil action including bankruptcy and an order of protection, where the owner or agent is a party to the action.

CRITICAL

Deadline

5 court days

Trial-setting orders must be lodged within five Judicial Days after the date or dates are obtained from the Court.

Such orders must be lodged within five (5) Judicial Days from obtaining the date(s) from the Court.

CRITICAL

For a motion marked “NO ORAL ARGUMENT REQUESTED,” the Clerk must hold the motion and order for ten days and, if no response is filed within that period, immediately deliver the motion, proposed order, and case file to the Court.

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. When such a motion is filed, the Clerk shall hold the motion and order for ten (10) days. If no response has been filed within ten (10) days, the Clerk shall immediately deliver that motion, proposed order, and the case file to the Court.

CRITICAL

Moving counsel must file notice that the motion was stricken with the Clerk before the scheduled hearing date.

Counsel for the moving party shall immediately contact the Judge's office to advise the motion is stricken and file a notice of same with the Clerk prior to the date the motion is set for hearing.

CRITICAL

A bonding company authorized by the Court must file a semi-annual financial report with the Circuit Court Clerk.

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 Tennessee Code Annotated (T.C.A.) $40-11-303.

CRITICAL

For calculating days, only days when the Juvenile Services Center and Clerk’s office are open count as Judicial Days, and the filing date is excluded.

(B) Within these Rules, the term “Judicial Days” in Rutherford County cases shall refer to days when the Juvenile Services Center in Murfreesboro is open for business and the Clerk’s office is open. The date of filing shall not be included in the calculation of days.

CRITICAL

A request to set aside a dismissal may be made within ten days with notice to the opposing party or counsel; after ten days, a new Slow Pay Motion must be filed with the Clerk.

Upon a motion made within ten (10) days of dismissal and notice to the opposing party or counsel, the Movant may request that the dismissal be set aside and the matter heard. After ten (10) days, a new Slow Pay Motion must be filed with the Clerk of the Court.

CRITICAL

Counsel must lodge the required transport order with the Clerk's office at least ten judicial days before the hearing.

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

Deadline

48 hours

Evidence must be submitted at least 48 hours before trial, a hearing, or a motion docket, unless a pretrial order provides otherwise.

Except as provided in a pretrial order. - (1) All evidence must be submitted no later than 48 hours before trial, hearing or motion docket using ECF.

CRITICAL

Deadline

5 business days

Deficiencies must be cured within five business days after the Divorce Coordinator's contact or the Order will be forwarded to the Court.

(C) If the Divorce Coordinator determines the required documents are deficient, she shall contact the attorney(s) or pro se litigants in an effort to correct the problem(s). Upon correction of any such problems, the Divorce Coordinator shall then deliver the file to the Judge or Chancellor assigned to the case for review and potential entry of the appropriate documents. If the issues are not cured within five (5) business days from contact by the Divorce Coordinator the Order shall be forwarded to the Court for the appropriate action as determined by the Trial Judge.

CRITICALCriminal cases

An authorized bonding company must file a financial report with the Circuit Court Clerk twice a year.

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.

CRITICAL

Pleadings, warrants, and similar filings for the regular Tuesday, Wednesday, or Friday civil docket must be filed at least five days before the docket call or court date.

Counsel shall file pleadings, warrants, etc. to be set on the regular Tuesday, Wednesday or Friday civil docket at least five (5) days prior to the docket call/court date.

CRITICAL

Orders for the Court's consideration must be filed within five days of a hearing or agreement, except agreed orders of settlement, dismissal, or continuance.

Counsel shall file any Orders to be considered by the Court within five (5) days of any hearing and/or agreement. This does not apply to Agreed Orders of settlement, dismissal or continuance as described above.

CRITICALCriminal cases

The compliance certificate for each qualified agent must be furnished annually and 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.

CRITICAL

Corrected financial statements must be filed with the Clerk immediately when a material change occurs.

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

CRITICAL

Written objections to ratification must be filed within three days of the hearing date; otherwise, the Court will deem there to be no opposition.

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.

CRITICALCriminal cases

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

A criminal motion not pursued and set for disposition is considered waived when the case is set for jury trial.

Any criminal motions not pursued and set for disposition, are considered waived when the case is set for trial before a jury.

CRITICAL

A non-contested divorce without children, or one submitted on stipulated grounds, must have been on file for at least 60 days before it may be granted.

- 1. The divorce has been on file for at least sixty (60) days;