Court Rules

Court-wide rules

Applies court-wide

These 299 rules apply across Shelby County Circuit Court, Tennessee. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 96
  • Applies to
    Motion

    A new-trial motion based on evidentiary error must identify the particular testimony admitted or rejected by quoting it or describing it with sufficient specificity.

  • Applies to
    Transcript

    The new-trial rule must be copied into the transcript of every appealed case in which a new trial was sought based on charge error or evidentiary admission or rejection.

  • Applies to
    Consent order

    Requesting return of attested consent-order copies requires including self-addressed return envelopes and copies of the order; otherwise, the clerk need not mail them.

Filing Timing

All 81
  • A Divorce Referee finding becomes final unless a written appeal motion is filed within 10 days, stating the requested relief and the alleged error.

  • An irreconcilable-differences divorce may not be heard until 60 days after filing when there are no children or 90 days after filing when there are children.

  • Deadline
    7 court days

    A written motion and notice of hearing must be served at least seven days before the hearing unless the Rules or a court order specify a different period.

E-Filing

All 32
  • Applies to
    Pleadings and other papers

    The Circuit Court and Chancery Court of Tennessee for the Thirtieth Judicial District at Memphis adopt electronic filing, and electronically filed pleadings and other papers are treated as written papers.

  • Counsel and pro se litigants filing electronically must agree to the stated Terms of Use and comply with the E-Filing Rules in Appendix 3.

  • Applies to
    Motion

    Attorneys must use the online motion form on the Clerk's website to set motions for hearing.

Service

All 23
  • Applies to
    Motion brief
    Service
    Mail to all parties

    Service copies to all adverse parties must meet the same 45-day or 15-day deadlines applicable to the proponent's or respondent's filings.

  • Applies to
    Notice of hearing
    Service
    Mail to all parties

    Notice of the hearing must be mailed to all adversary counsel or, for an unrepresented party, to that party's last known address.

  • Applies to
    Order

    When an unrepresented opposing party exists, the preparer must send it the proposed order and notice of the presentation time and place so that it may object or submit its own order.

About Judge Gina C. Higgins

- Elected Circuit Court Judge, Division Four, in September 2010. - B.A., Criminal Justice, University of Memphis. - J.D., University of Memphis, Cecil C. Humphreys School of Law.

- Courtroom: Room 316 - Courtroom clerk: Division Four courtroom clerk - Phone: (901) 222-3825 -

Common questions about Judge Gina C. Higgins's rules

Does Judge Gina C. Higgins require a pre-motion conference or letter before filing a motion?

Judge Gina C. Higgins's rules set a pre-motion procedure for covered motions. Before filing any motion, the movant must certify that all counsel participated in a conference to attempt to resolve the issues raised by the motion.

View ruleSource: page 1, section Local Rule 5(H)

What must be included with motion filings before Judge Gina C. Higgins?

The rule requires certificate of conference. Division IV will not hear any motion unless it includes a certificate of consultation complying with Local Rule 5(H).

View ruleSource: page 1, section Division 4 Preferences
Complete rules summary for Judge Gina C. Higgins

Division IV will not hear any motion unless it includes a certificate of consultation complying with Local Rule 5(H).

Before filing any motion, the movant must certify that all counsel participated in a conference to attempt to resolve the issues raised by the motion.

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