Rutherford County Circuit Court, Tennessee Service and Proof of Service Rules

CRITICAL

A hearing on a defendant's or bonding company's motion must be expedited and requires three days' notice to the Court and District Attorney General.

Any hearing upon motion by defendant or bonding company shall be heard on an expedited basis requiring three (3) days' notice to the Court and the District Attorney General.

CRITICAL

CASA must be notified of all hearings and staffings as a party.

For purposes of notice, CASA shall be deemed a party that must be notified of all hearings and staffings.

CRITICALCriminal cases

Applies to

Petition

Petitions for approval of a new company and/or its agents must be served on the District Attorney General at least two weeks before the hearing.

All petitions for approval of a new company and/or its agents shall be served upon the District Attorney General at least two (2) weeks prior to the hearing on the petition

CRITICAL

The party requesting a continuance must notify all other parties and subpoenaed witnesses of the continuance and the reset date.

It is the responsibility of the party requesting the continuance to notify all other parties and witnesses under subpoena of the continuance and the reset date.

CRITICAL

Deadline

3 court days

In non-jury trials, counsel must exchange all witness lists at least three full Judicial Days before trial.

In trials in which a jury has not been demanded, lists of all witnesses shall be filed with the Clerk and exchanged between counsel at least three (3) full Judicial Days prior to trial.

CRITICAL

Prevailing counsel or a pro se litigant must serve a copy of the order on opposing counsel or the opposing pro se litigant.

Prevailing counsel (or pro se litigant) shall serve a copy on opposing counsel (or pro se litigant).

CRITICAL

The party requesting a continuance must notify all other parties and subpoenaed witnesses of the continuance and the next hearing date.

It is the responsibility of the party requesting the continuance to notify all other parties and witnesses under subpoena of the continuance and the next hearing date.

CRITICAL

Unless the Court orders otherwise, each pleading or other document filed after the original Petition must be served on all parties and contain a Certificate of Service.

Unless the Court orders otherwise, every pleading or other document filed with the Court subsequent to the original Petition shall be served on all parties and shall contain a Certificate of Service.

CRITICAL

Deadline

5 court days

The filing must be served on opposing counsel or the party five days, excluding non-judicial days, before the hearing; the deadline applies to additional parties and Guardians Ad Litem and may be suspended in the stated detention or emergency circumstances.

attorneys shall be in writing and cite the rule, statute or other authority for the relief sought and must be filed with the Court and served on opposing counsel or party five (5) days, excluding non-judicial days, before the hearing in the matter. When a child is in detention or an emergency hearing is necessary, this rule may be suspended to allow quick preparation for court. In cases involving more than one party or involving Guardians Ad Litem, service shall be had on those persons in the same deadline.

CRITICAL

In jury trials, witness lists must be exchanged at the pre-trial conference.

In trials in which a jury is demanded, lists of witnesses will be exchanged at the Pre-Trial Conference as discussed in Rule 2.03.

CRITICAL

Applies to

Motion to withdraw

Notice that a withdrawal motion was filed must be given to the attorney's client and to opposing counsel or the opposing self-represented litigant.

Notice of the filing of the motion shall be given to the party who is represented by the attorney seeking to withdraw and to opposing counsel or pro se litigant.

CRITICAL

In Child Support matters where the parties are unrepresented, the Child Support Enforcement Office is responsible for service of process under Tenn. R. Juv. P. 103.

If the parties are not represented by counsel, service of process in Child Support matters shall be the responsibility of the Child Support Enforcement Office in accordance with Tenn. R. Juv. P. 103.

CRITICAL

Attorneys are responsible for service of process and issuance of subpoenas.

The Juvenile Court Clerk's Office will set all attorney-filed pleadings. Service of process and issuance of subpoenas is the responsibility of the attorney.

CRITICAL

When counsel knows a related criminal case is pending, attorneys moving to depose specified victims or children must notify the District Attorney and criminal defense counsel.

Attorneys filing motions to depose victims in neglect, abuse, or sexual abuse cases, or children in custody cases where neglect, abuse, or sexual abuse is alleged, shall provide notice to the District Attorney and criminal defense counsel when the attorneys are aware that a criminal case is pending regarding the same matters.

CRITICAL

Service

Electronic service

For secondary filings, the NEF serves registered ECF participants linked to the case, but does not replace service of process or conventional notice to unregistered parties.

The NEF does not replace the need for service of process. The NEF satisfies the responsibility of a filer to send service to other parties that are registered in the ECF System and linked as participants on the case for secondary filings. This service does not replace the responsibility of E-Filers to notify parties by conventional means when they are not registered in the ECF system.

CRITICAL

Every subpoena must be served on the party, witness, or officer.

All subpoenas shall be typed or printed and served on the party, witness, or officer.

CRITICAL

For the stated exceptions, a copy of the resetting letter must be sent to the opposing party or counsel.

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

Service

Electronic service

Each filer must retain the NEF permanently as proof of notice.

It is incumbent on each filer to keep the NEF in his/her permanent files as proof of notice.

CRITICAL

Filed petitions, pleadings, and other documents must be served on all parties and contain a certificate of service or a summons under Rule 103.

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

Subpoena service should occur as quickly as possible and no later than five days, excluding non-judicial days, before trial, subject to court discretion; the Court may waive the deadline for an emergency or expedited hearing.

Subject to the discretion of the court, the service shall occur as quickly as possible, but not later than five (5) days, excluding non-judicial days, before the scheduled date of trial. If the matter requires an emergency or expedited hearing, the five (5) day requirement may be waived.

CRITICAL

A party filing an objection must give notice of it to all parties.

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

A copy of each brief or memorandum of law must be served on all interested parties five days before a hearing, unless good cause is shown.

All briefs or memoranda of law shall be filed with the Clerk of the Court and a copy shall be delivered to the Judge's office and a copy served on all interested parties five (5) days prior to any hearing unless good cause shown.

CRITICAL

Applies to

Petition

A petition for approval of a new company must be served on the District Attorney General at least two weeks before the hearing.

All petitions for approval of a new company shall be served upon the District Attorney General at least two (2) weeks prior to the hearing on the petition and shall be heard by the judges of the courts of record exercising criminal court jurisdiction, sitting en banc as needed.

CRITICAL

Applies to

Motion

The District Attorney must receive at least five days' notice regarding motions concerning an unindicted individual who is being held.

The District Attorney must be given at least five (5) days' notice regarding any motions filed concerning any unindicted individual who is being held.

CRITICALCriminal cases

When these rules are amended, the Criminal Court Clerk must notify approved bonding companies by certified mail with return receipt requested or by personal delivery with a signed receipt.

Upon amendment, the Criminal Court Clerk shall notify all approved bonding companies in Rutherford and Cannon County, by certified mail, return receipt requested, or by personal delivery with a signed receipt for the same.

CRITICAL

Deadline

5 business days

Applies to

Expunction request

A defendant seeking one of the specified types of expungement must provide the District Attorney General's office a copy of the petition, motion, or request, or otherwise notify that office, at least five business days before the related proceeding; inadequate notice may delay adjudication.

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], agreed order retirement, or five-year expungement [Tennessee Code Annotated (T.C.A.) §40-32-101(g)] shall submit a copy of any petition, motion or request for expunction to the office of the District Attorney General of the 16th Judicial District, or otherwise notify the same, at least five (5) business days prior to any court proceeding related to the expunction request. Failure to provide adequate notice may result in a delay in the adjudication of the expunction request.

CRITICAL

A bonding company must notify the defendant-principal of every court appearance.

A bonding company shall notify the defendant-principal of each court appearance.

CRITICAL

Applies to

Subpoena

Subpoenas must be served in conformity with Rule 107.

Subpoenas shall be served in conformity with Rule 107 of the Tennessee Rules of Juvenile Practice and Procedure.

CRITICAL

Deadline

3 court days

Applies to

Trial witness and exhibit lists

Witness and exhibit lists must be 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

Collateral posted with the Clerk may not be withdrawn or applied to a forfeiture judgment without notice to the District Attorney General and a Court order.

(C) Collateral posted as security with the Clerk may not be withdrawn or applied to satisfy a forfeiture judgment except upon notice to the District Attorney General and upon Order of the Court.

CRITICAL

When the petitioner or respondent is represented, that attorney is responsible for preparing and serving the summons and providing a certificate of service to the Juvenile Court Clerk.

If the petitioner or respondent is represented by an attorney, then that attorney shall be responsible for preparation and service of summons and for providing a certificate of service to the Juvenile Court Clerk.

CRITICAL

Parties submitting files larger than 10.0 MB must provide them on a thumb drive to the other parties due to receive them and comply with the DMP.

Parties submitting files larger than 10.0 MB must also provide the file(s) on thumb drive to all other parties due to receive them and must comply with requirements of the Document Management Protocol (DMP) below.

CRITICAL

Counsel of record must maintain court-file information identifying where notices and copies of filings should be sent.

Counsel of record shall maintain in the court file information as to where they are to be served notice of all filings from the other attorneys on the case and copies of filings from the Juvenile Court Clerk.

CRITICAL

Each party must deliver the required pretrial-conference materials to the other party by mail, email, fax, or hand delivery.

each party shall mail/email/fax/hand-deliver to the other party

CRITICAL

Applies to

Exhibit list

In nonjury trials, counsel must exchange lists of all exhibits at least three full Judicial Days before trial.

In trials in which a jury has not been demanded, lists of all exhibits shall be exchanged between counsel at least three (3) full Judicial Days prior to trial.

CRITICAL

Applies to

Motion

Motions made before trial must be 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

When a party is represented, the attorney is responsible for preparing, printing, and serving subpoenas.

If the party is represented by an attorney, then it is the attorney's responsibility to prepare, print and serve the subpoenas.

CRITICAL

A copy of the trial-setting order must be served on opposing counsel or, if there is no other attorney, on the opposing party or parties.

serving a copy thereof upon opposing counsel, or if there is no other attorney, upon the opposing party or parties.

WARNING

Applies to

Exhibits

In jury trials, exhibits must be exchanged at the pre-trial conference.

In trials in which a jury is demanded, exhibits will be exchanged at the pre-trial conference as discussed in Rule 2.02.

WARNING

Applies to

Warrant

A certified-mail envelope marked “unclaimed” and attached to a warrant is not good service, and the court will not enter a default money judgment on that basis.

Certified mail envelopes attached to warrants and marked "unclaimed" is not good service and the court will not enter a default money judgment.

WARNING

Service

Electronic service

The Court and Clerk may serve 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

Applies to

Subpoena

For an emergency, expedited, or preliminary hearing, subpoena service time limits may be waived, but subpoenas must still be served as far in advance as practicable.

If the matter requires an emergency or expedited hearing, or a preliminary hearing, the time limitations set forth for service of subpoenas may be waived; however, subpoenas shall be served as far in advance of the hearing as practicable.

WARNING

Applies to

Motion to withdraw

Notice that a motion to withdraw has been filed must be given to the represented party and opposing counsel.

Notice of the filing of the Motion shall be given to the party who is represented by the attorney seeking to withdraw and to opposing counsel.

WARNING

Rebuttal witness names need not be exchanged unless the Court orders their exchange.

Names of rebuttal witnesses need not be exchanged unless so ordered by the Court.

WARNING

Service

Electronic service

E-Filing notifications go to Authorized Users recorded in TnCIS as case participants or legal representatives; receiving and associating notifications requires an active ECF account and the appropriate TnCIS case record, with Tennessee-issued Bar Numbers.

When a person E-Files to a case, whether they are a case participant or not, notifications of the E-Filing are distributed to Authorized Users that are recorded in TnCIS as case participants or legal representatives. To receive notifications participants must be Authorized Users and have an active account in the ECF System. For the notification to recognize the association of an Authorized User to a case they must be recorded on the case in TnCIS as a pro se litigant or as a legal representative with a Bar Number. TnCIS only maintains Tennessee issued Bar Numbers.

INFO

Process servers, constables, and attorneys are encouraged to review the listed statutes before serving civil warrants, writs, or other papers.

Process servers, constables and attorneys are encouraged to review the following statutes before serving civil warrants, writs or other papers: T.C.A. Section 7-3-503; T.C.A. Section 8-8-216; T.C.A. Section 16-15-901-905

INFO

Applies to

Rebuttal exhibits

Parties need not exchange rebuttal exhibits unless the Court orders otherwise.

Parties are not required to exchange rebuttal exhibits unless ordered by the Court.

INFO

After personal service for an initial scheduling and the party's appearance in Court, subsequent notice may be given by mail or in open court.

After service of process has been effectuated by personal service for an initial scheduling and the party has presented him/herself to the Court, subsequent notice may be made by mail or in open court.

INFO

The Clerk of the Court should serve a copy of all Body Attachments on the Rutherford County Sheriff with notice that the original has been sent to another jurisdiction.

The Clerk of the Court should serve a copy of all Body Attachments on the Rutherford County Sheriff with notice that the original has been sent to another jurisdiction.

INFO

Service

Electronic service

Authorized Users agree to receive notices of documents E-Filed in their cases electronically through the ECF system.

All Authorized Users agree to receive their notices of documents which are E-Filed in their cases electronically through the ECF system.