Shelby County Circuit Court, Tennessee Document Filing Requirements

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.

When the basis for the motion for new trial is that the Court erred in the rejection or admission of evidence, it is not sufficient to merely state that the Court erred in the rejection or admission of evidence. The party seeking a new trial on this basis is required to point out in the motion the particular testimony admitted or rejected, either by quoting the specific testimony or giving the substance of the testimony in such a manner that the exact part of the evidence can be identified with sufficient clarity and 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.

This ruleRule must be copied in every transcript of every case appealed from this Court in which a new trial was sought on the grounds of error in the charge of the Court or in the admission or rejection of evidence.

Applies to

Consent order

Must include

caption

Every consent order must be signed by all involved attorneys of record or pro se litigants and must include the word “consent” in both the caption and body.

All consent orders must be signed by all attorneys of record or pro se litigants involved in the matter. Such consent orders must have the word "consent" in the caption and body of the order.

Applies to

Motion for leave to serve interrogatories

A motion for leave to serve more than 30 interrogatories must identify the additional interrogatories and establish good cause.

Any motion seeking permission to serve more than thirty (30) interrogatories shall set out the additional interrogatories the party wishes to serve, together with the reasons establishing good cause for the service of additional interrogatories.

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a statement certifying counsel's unsuccessful good-faith effort to confer with opposing counsel.

The Court will not hear any motion related to discovery unless counsel for the movant files with the motion, a statement which certifies that movant's counsel has conferred with opposing counsel in a good faith effort to resolve the discovery dispute and that the effort has not been successful.

Applies to

Final decree

The decree in an irreconcilable-differences case must use the quoted statutory language concerning equitable settlement of property rights.

Sworn testimony is required at the hearing of irreconcilable differences cases to satisfy jurisdictional requirements and to establish that the marital dissolution agreement provides for the "equitable settlement of the property rights between the parties." The above language of the statute must be used in the decree.

Applies to

Final decree

The final decree must state that the marital dissolution agreement provides for equitable settlement of the parties' property rights.

The final decree must state that the marital dissolution agreement provides for the equitable settlement of the property rights between the parties.

Applies to

Required paperwork and proposed orders

Must include

proposed order

In an irreconcilable-differences case, all required paperwork and proposed orders must be submitted to the Divorce Referee and Courtroom Clerk at least 24 hours in advance.

The parties must submit all required paperwork and proposed Orders to the Divorce Referee and the Courtroom Clerk at least 24 hours in advance.

Applies to

Modification petition

A party seeking modification of a divorce decree must present a sworn petition stating the grounds for modification.

Counsel for any party seeking a modification of any divorce decree must present to the Judge a sworn petition setting forth the grounds relied upon for the modification.

Applies to

Pleadings orders decrees memoranda and other papers

Must include

caption

All pleadings, orders, decrees, memoranda, and other papers submitted to the Court must use one of the specified Tennessee Circuit Court or Chancery Court captions.

All pleadings, orders, decrees, memoranda, and other papers submitted for consideration or action by the Court must be captioned "IN THE CIRCUIT COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS." or "IN THE CHANCERY COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS."

Applies to

Pleadings orders decrees memoranda and other papers

All pleadings, orders, decrees, memoranda, and other papers submitted to the Court must be in English.

All such documents must be in the English language.

Applies to

Motion

Must include

caption, case number

Attorneys must provide the case number, case style, attorneys for and against the motion, entry date, and motion type when setting a motion for hearing.

When setting a motion, attorneys shall provide the case number, style of the case, attorney(s) for the motion, attorney(s) against the motion, the date of entry of the motion and the nature of the motion.

Applies to

Motion

Must include

certificate of conference

Every motion must include a written certification that all counsel participated in a conference to attempt to resolve the motion's issues before filing.

On all motions, the movant must certify in writing that all counsel have participated in a conference to attempt to resolve the matters at issue in the motion before filing the motion.

Applies to

Motion

A new-trial motion based on error in the Court's charge must identify the error by quoting the specific language in the charge.

When the basis for the motion for new trial is error in the Court's charge, the specific error must be pointed out by quoting the particular language of that charge in the written motion.

Applies to

Alternative order or decree

Must include

proposed order

A party disputing an order must identify its objections in writing and prepare an alternative order or decree.

In the event of disagreement about the order, the party disagreeing must note all objections in writing, and must also prepare an alternative order or decree.

Applies to

Order or decree

Must include

proposed order

The proposed and alternative orders or decrees must be submitted together with any available transcript of the ruling.

Both proposed orders or decrees must be submitted to the Court together with any transcript of the ruling.

Applies to

Order or decree

Must include

certificate of service

If opposing counsel does not promptly sign and return an order, the preparing party must provide notice and include a certificate of service on opposing counsel.

If the adversary counsel fails or refuses to sign and promptly return the order or decree, the party preparing the order or decree must give notice of the time and place when the order will be presented to the Court and be prepared to enter the order at that time, with a certificate of service to opposing counsel.

Applies to

Motion to compel

A motion to compel must include a complete deficiency list containing the verbatim discovery request, the complete answer, and the asserted reasons for the claimed deficiency.

Motions to compel must include a complete deficiency list setting forth the complete verbatim interrogatory or request at issue, the complete answer, and the reasons that the movant contends it is deficient.

Applies to

Temporary support motion

The required sworn statement must be filed at least three days before the temporary alimony or child-support hearing.

Whether heard by the Court or Divorce Referee, a sworn statement required in Rule Fourteen (C) must be filed not less than three (3) days before the hearing date.

Applies to

Temporary support hearing

Each party must provide the Divorce Referee with an affidavit of income and expenses at the temporary-support hearing.

Each party must provide the Divorce Referee with an affidavit of income and expenses, as required by Rule Fourteen (C) at the hearing for temporary support.

Applies to

Child support petition

A child-support petition must state, in the petition or by affidavit, whether Title IV-D child-support enforcement assistance has been requested.

The party petitioning for child support must include a statement in the petition or by affidavit whether application for assistance with child support enforcement has been made pursuant to Title IV-D Services Act.

Applies to

Income affidavit

Each party in a contested divorce, separate-maintenance suit, or legal-separation suit must file and serve an income-and-expense affidavit.

In all contested divorces, suits for separate maintenance, or for legal separation, each party must file and serve an affidavit stating gross income from all sources and all expenses as of the date of execution.

Applies to

Sworn financial statement

Each party must file and serve a sworn statement of all marital and separate assets and debts in contested divorce, separate-maintenance, and legal-separation matters.

In all contested divorces, suits for separate maintenance, or for legal separation, each party must file and serve a sworn financial statement stating all assets and debts of the parties, both marital and separate.

Applies to

Proposed permanent parenting plan

A proposed Permanent Parenting Plan must be filed with a child-support worksheet and verified statement of income.

1. A proposed Permanent Parenting Plan, with a child support worksheet and verified statement of income.

Applies to

Trial memorandum

A Trial Memorandum substantially similar to Appendix 4 must be filed with the specified trial-related statements and certifications.

2. A Trial Memorandum that includes the following. The Trial Memorandum shall be in a format substantially similar to Appendix 4.

Applies to

Proposed order

All required paperwork and proposed orders must be submitted to the Divorce Referee and Courtroom Clerk at least 24 hours in advance, or earlier if the judge's published preferences require it.

The parties must submit all required paperwork and proposed Orders to the Divorce Referee and the Courtroom Clerk at least 24 hours in advance, or more if required by the Judge's preferences as published on the Clerk's website.

Applies to

Notice of appearance

An attorney must file a notice of appearance or have the clerk place the attorney's name on the case file immediately upon employment in a case.

Attorneys are required to file a notice of appearance or have the Clerk place the attorney's name on the case file immediately upon being employed in any case.

Applies to

Attorney fees affidavit

An attorney must file an itemized attorney-fees affidavit whenever the court needs to determine attorney fees.

Whenever it is necessary for the Court to determine fees of attorneys, the attorney must file an affidavit setting forth an itemized statement of the services rendered, the time spent, a suggestion of the fee to be awarded, along with a statement of other pertinent facts, and such other information as the Judge may request.

Applies to

Notice of party status

Parties must file written notice when specified court personnel are real rather than nominal parties.

In any action in which a Shelby County attorney, a Shelby County Circuit Court and Chancery Court judicial assistant or law Clerk, or Circuit Court and Chancery Court Clerk's office employee is a real, rather than a nominal party, the parties must file a written notice of that fact with the Court within thirty (30) days after the first responsive pleading in Circuit Court and Chancery Court, or the docketing of the case in Circuit Court and Chancery Court (whichever is sooner).

Applies to

Notice of party status

The written notice must describe the case, state whether a jury has been demanded, and identify whether the party intends to testify.

The written notice must include: a description of the nature of the case, whether a jury has been demanded, and whether or not the party intends to testify.

Applies to

Child support petition or affidavit

A petitioning party for child support must state in the petition or an affidavit whether an application for child-support enforcement assistance has been made under the Title IV-D Services Act.

The party petitioning for child support must include a statement in the petition or by affidavit whether application for assistance with child support enforcement has been made pursuant to Title IV-D Services Act.

Applies to

Permanent parenting plan

For cases involving children, a separate permanent parenting plan with an attached child-support worksheet must be presented at the hearing.

If the parties have children, a separate permanent parenting plan with a child support worksheet attached must also be presented to the Court at the time of the hearing.

Applies to

Final decree

The final decree must state that the permanent parenting plan adequately and sufficiently provides for custody and maintenance of the parties' children.

The final decree must state that the permanent parenting plan makes adequate and sufficient provision for the custody and maintenance of any children of the marriage.

Applies to

Appeal motion

An appeal motion must specifically state the relief sought and explain how the Divorce Referee erred.

The motion shall specifically set forth what the movant seeks and specifically how the Divorce Referee was in error.

Applies to

Court filing

Must include

caption

Every pleading, order, decree, memorandum, and other paper submitted to the court must include the specified court caption.

All pleadings, orders, decrees, memoranda, and other papers submitted for consideration or action by the Court must be captioned "IN THE CIRCUIT COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS."

Applies to

Court filing

All pleadings, orders, decrees, memoranda, and other papers submitted to the court must be written in English.

All such documents must be in the English language.

Applies to

Motion

Must include

certificate of conference

The movant must certify in every motion that all counsel participated in the required pre-filing conference.

On all motions, the movant must certify that all counsel have participated in a conference to attempt to resolve the matters at issue in the motion before filing the motion.

Applies to

Motion for new trial

A new-trial motion based on charge error must identify the error by quoting the specific language and may not merely attack the charge generally.

When the basis for the motion for new trial is error in the Court’s charge, the specific error must be pointed out by quoting the particular language of that charge in the written motion. No general reference to the charge as erroneous as a whole will be deemed sufficient.

Applies to

Motion for new trial

A new-trial motion based on an evidentiary ruling must identify the exact testimony admitted or rejected by quoting it or describing its substance with sufficient specificity.

When the basis for the motion for new trial is that the Court erred in the rejection or admission of evidence, it is not sufficient to merely state that the Court erred in the rejection or admission of evidence. The party seeking a new trial on this basis is required to point out in the motion the particular testimony admitted or rejected, either by quoting the specific testimony or giving the ===== PAGE 10 ===== substance of the testimony in such a manner that the exact part of the evidence can be identified with sufficient clarity and specificity.

Applies to

Order or decree

The body of each order or decree must state the date on which the decision was rendered.

Orders and decrees shall be presented for entry on the minutes within SEVEN (7) DAYS after the decision is rendered, the date of which must be stated in the body of the order or decree.

Applies to

Consent order

Must include

caption

Filed consent orders must be signed by the attorneys of record and contain the word "consent" in both the caption and body.

All consent orders filed must be signed by the attorneys of record, to foreclose any question of real consent. Such consent orders must have the word "consent" in the caption and body of the order.

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a statement certifying that movant’s counsel conferred with opposing counsel in good faith to resolve the dispute and that the effort was unsuccessful.

The Court will not hear any motion related to discovery unless counsel for the movant files with the motion, a statement which certifies that movant’s counsel has conferred with opposing counsel in a good faith effort to resolve the discovery dispute and that the effort has not been successful.

Applies to

Affidavit of income and expenses

Each party must provide the Divorce Referee with an affidavit of income and expenses at the temporary-support hearing.

Each party must provide the Divorce Referee with an affidavit of income and expenses, as required by Rule Fourteen (C) at the hearing for temporary support.

Applies to

Sworn statement

Each party in a contested divorce, separate-maintenance suit, or legal-separation suit must file a sworn financial statement with the clerk no later than 90 days before trial, disclose changes as soon as possible and no later than 10 days before trial, and include the specified income, expense, property, and valuation information.

(1) In all contested divorces, suits for separate maintenance, or for legal separation, each party must file with the clerk, no later than ninety (90) days before trial, a sworn statement setting forth the party’s income, a list of expenses, and a description and valuation (or estimate) of real and/or personal property possessed in any form, the state of its title, and the party’s claimed interest in such property. The sworn statement must also include, if known, or if the information is reasonably procurable, the income and property interest of the opposing party, both real and personal, and the valuation thereof. Any changes in the statement while the case is pending must be disclosed as soon as possible, and not later than ten (10) days before the trial.

Applies to

Custody sworn statement

In every custody proceeding, the required sworn statement must be included in the pleadings or attached to the pleading as an affidavit.

(3) In all custody proceedings, the sworn statements required by T.C.A. § 36-4-106(b) (1) must also be contained within the pleadings or in an affidavit attached to the pleading.

Applies to

Contested divorce memorandum

At least 24 hours before a scheduled contested-divorce trial, counsel must deliver the judge a memorandum containing the listed settlement, child, property, support, alimony, fee, and proposal-submission information.

(1) At least twenty-four (24) hours before trial of any contested divorce is scheduled, counsel shall deliver to the Judge a memorandum that includes:

Applies to

Temporary parenting plan

Each party must file a proposed temporary parenting plan conforming to T.C.A. § 36-6-401 et seq.

Before any hearing by the Court, other than the final hearing, each party shall file a proposed temporary parenting plan, in conformity with T.C.A. § 36-6-401 et seq., along with a verified statement of income as defined under existing law and local rules.

Applies to

Permanent parenting plan

The parties must submit a proposed permanent parenting plan to the court.

The parties must submit to the court (either jointly or separately) a proposed permanent parenting plan on the day of the uncontested divorce hearing.

Applies to

Child support guidelines worksheet

The Child Support Guidelines Worksheet must be attached to the permanent parenting plan.

The Child Support Guidelines Worksheet must be attached to the Permanent Parenting Plan.

Applies to

Certificate of seminar attendance

Parties must file certificates under the case docket number evidencing attendance at the parent educational seminar.

The parties shall file, under the case docket number, certificates, evidencing their attendance at the aforesaid seminar, at least five days before any court hearing, provided that the Referee may conduct a hearing for temporary support without such certificate, but only upon a finding that immediate need justifies such hearing without a certificate.

Applies to

Return of service

A private process server's return must clearly and legibly identify the server and service details, be signed, and include a certification that the process was served as stated.

If process is to be served by persons other than the Sheriff or his deputies, the return shall state clearly and legibly the name and residence address and telephone number of the process server, the business name and its address; the process server’s age, the date and place where process was served, and the manner of service. It shall be signed by the server, and the signature shall constitute a solemn representation to the court that the process was served as stated.

Applies to

Modification petition

Counsel seeking modification of a divorce decree must present the Judge with a sworn petition stating the grounds for modification.

Counsel for any party seeking a modification of any divorce decree must present to the Judge a sworn petition setting forth the grounds relied upon for the modification.

Applies to

Interpreter appointment order

An interpreter appointment order must include each interpreter's name, business address, telephone number, and certification number.

Such order shall include the name(s), business address(es), and telephone number(s) of the Interpreter(s) and their certification number(s).

Applies to

Interpreter appointment petition

The petition for a less-preferred interpreter must state the basis for the appointment and address the specified Supreme Court Rule 42 criteria.

a petition setting forth the basis for such appointment addressing the criteria set forth in Rule 42(d)(e) and (f) of the Rules of the Supreme Court.

Applies to

Child support petition

A child-support petition or supporting affidavit must state whether an application for child-support enforcement assistance under Title IV-D has been made before the court enters a support order.

The Circuit and Chancery Courts shall require parties petitioning for child support to include in said petition or by affidavit whether application for assistance with child support enforcement has been made pursuant to Title IV-D Services Act prior to entering an order of child support.

Applies to

Notice to transfer case

The notice transferring a child-support case to Juvenile Court must identify the parties, TCSES number, docket number, and parties' addresses of record.

Such notice shall contain the names of the parties, TCSES Number, the docket number and the address of record of the parties.

Applies to

Child support order

An order modifying parenting time or the primary residential parent must include the parties' names, the court docket number, and the TCSES number when available.

Such order shall contain the names of the parties, the Circuit or Chancery Court docket number and the TCSES number, if available.

Applies to

Request for production response

A response to a request for production must specifically identify each produced document by title or a numbering system such as Bates numbers.

In responding to Requests for Production of Documents, the respondent must specifically list each document that is being produced, by reference to the title of the document, or by reference to a numbering system, such as "Bate" numbers.

Applies to

Discovery motion

A discovery motion must include a statement certifying counsel's unsuccessful good-faith conference with opposing counsel.

The Court will not hear any motion related to discovery unless counsel for the movant files with the motion, a statement which certifies that movant's counsel has conferred with opposing counsel in a good faith effort to resolve the discovery dispute and that the effort has not been unsuccessful.

Applies to

Attorney fee affidavit

When attorney fees must be determined, the attorney must file an affidavit itemizing services and time, suggesting a fee, stating pertinent facts, and providing any other information requested by the judge.

Whenever it is necessary for the Court to determine fees of attorneys, the attorney must file an affidavit setting forth an itemized statement of the services rendered, the time spent, a suggestion of the fee to be awarded, along with a statement of other pertinent facts, and such other information as the Judge may request.

Applies to

Child support petition or affidavit

A party requesting child support must state in the petition or an affidavit whether assistance with child-support enforcement was sought under the Title IV-D Services Act.

The party petitioning for child support must include a statement in the petition or by affidavit whether application for assistance with child support enforcement has been made pursuant to Title IV-D Services Act.

Applies to

Motion

Must include

certificate of conference

Every motion must include a written certificate that all counsel participated in a pre-filing conference to attempt to resolve the disputed issues.

On all motions, the movant must certify in writing that all counsel have participated in a conference to attempt to resolve the matters at issue in the motion before filing the motion. Failure to include a certificate of consultation may result in the Court striking the motion.

Applies to

Consent order

Consent orders must be signed by all involved attorneys of record or pro se litigants and must include the word "consent" in both the caption and body.

All consent orders must be signed by all attorneys of record or pro se litigants involved in the matter. Such consent orders must have the word "consent" in the caption and body of the order.

Applies to

Pleadings orders decrees memoranda and other papers

Must include

caption

Every pleading, order, decree, memorandum, and other submitted paper must use one of the two prescribed court captions.

All pleadings, orders, decrees, memoranda, and other papers submitted for consideration or action by the Court must be captioned "IN THE CIRCUIT COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS." or "IN THE CHANCERY COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS."

Applies to

Pleadings orders decrees memoranda and other papers

All pleadings, orders, decrees, memoranda, and other papers subject to this caption rule must be in English.

All such documents must be in the English language.

Applies to

Motion docket entry

An attorney setting a motion must provide the case number, case style, moving and opposing attorneys, entry date, and motion nature.

When setting a motion, attorneys shall provide the case number, style of the case, attorney(s) for the motion, attorney(s) against the motion, the date of entry of the motion and the nature of the motion.

Applies to

Motion

A motion lacking any required docket information will not be heard unless the court grants leave.

If the entry of the motion does not contain all of the foregoing information, the motion will not be heard except by leave of Court.

Applies to

Discovery response

Discovery responses must repeat each numbered interrogatory or request immediately before the answer in the same numerical sequence.

When answering Interrogatories, Requests for Admissions, and Requests for Production of Documents, the interrogatory or request shall be numbered and the replying party must, as a part of the answer, set forth immediately preceding the answer, the interrogatory or the request made, in the same numerical sequence.

Applies to

Motion for new trial

A new-trial motion based on charge error must identify the error by quoting the specific language in the Court's charge, rather than generally alleging that the charge was erroneous.

When the basis for the motion for new trial is error in the Court's charge, the specific error must be pointed out by quoting the particular language of that charge in the written motion. No general reference to the charge as erroneous as a whole will be deemed sufficient.

Applies to

Motion for new trial

A new-trial motion based on an evidentiary ruling must identify the exact testimony admitted or rejected by quotation or sufficiently specific description.

When the basis for the motion for new trial is that the Court erred in the rejection or admission of evidence, it is not sufficient to merely state that the Court erred in the rejection or admission of evidence. The party seeking a new trial on this basis is required to point out in the motion the particular testimony admitted or rejected, either by quoting the specific testimony or giving the substance of the testimony in such a manner that the exact part of the evidence can be identified with sufficient clarity and specificity.

Applies to

Transcript

The transcript of any appealed case in which a charge-error or evidentiary-ruling new-trial motion was sought must include a copy of Rule Seven.

This Rule must be copied in every transcript of every case appealed from this Court in which a new trial was sought on the grounds of error in the charge of the Court or in the admission or rejection of evidence.

Applies to

Exhibits

At case conclusion, the parties or counsel must assemble, account for, and file all exhibits with the Clerk.

At the conclusion of a case, the parties or their counsel shall assemble and account for all exhibits and file them with the Clerk.

Applies to

Order or decree

Counsel for the prevailing party must prepare the order or decree and submit it to opposing counsel for approval.

Orders or decrees shall be prepared by counsel for the prevailing party and submitted to adversary counsel for approval.

Applies to

Motion to compel

A motion to compel must include a complete deficiency list identifying the verbatim discovery request, the complete answer, and the claimed deficiency.

Motions to compel must include a complete deficiency list setting forth the complete verbatim interrogatory or request at issue, the complete answer, and the reasons that the movant contends it is deficient.

Applies to

Affidavit of income and expenses

Each party must provide the Divorce Referee with an affidavit of income and expenses at the temporary-support hearing.

Each party must provide the Divorce Referee with an affidavit of income and expenses, as required by Rule Fourteen (C) at the hearing for temporary support.

Applies to

Appeal motion from divorce referee

An appeal motion must state what relief the movant seeks and how the Divorce Referee erred.

The motion shall specifically set forth what the movant seeks and specifically how the Divorce Referee was in error.

Applies to

Decree

An irreconcilable-differences decree must use the specified statutory language concerning equitable settlement of the parties' property rights.

The above language of the statute must be used in the decree.

Applies to

Default judgment

In a divorce case with no responsive pleading, default judgment under Rule 55 must be obtained after service of process and before the case is heard further.

In all divorce cases in which no responsive pleading has been filed, after service of process has been completed, a judgment by default under T.R. C.P. Rule 55 must be obtained before the case can be heard further.

Applies to

Income expense affidavit

Each party in a contested divorce, separate-maintenance suit, or legal-separation suit must file and serve an income-and-expense affidavit that separately identifies gross-income deductions; self-employed persons must use governmental guidelines or other reliable sources.

each party must file and serve an affidavit stating gross income from all sources and all expenses as of the date of execution. The affidavit must also set forth separately any deductions from gross income, including but not limited to social security and income tax. Self-employed persons must estimate these sums using governmental guidelines or other reliable sources.

Applies to

Financial statement

Each party must file and serve a sworn financial statement listing all marital and separate assets and debts, using a format substantially similar to Appendix 4.

each party must file and serve a sworn financial statement stating all assets and debts of the parties, both marital and separate. Said affidavit shall be filed in a format substantially similar to the form in Appendix 4.

Applies to

Permanent parenting plan

A proposed permanent parenting plan with a child-support worksheet and verified statement of income must be filed before trial.

A proposed Permanent Parenting Plan, with a child support worksheet and verified statement of income.

Applies to

Trial memorandum

A trial memorandum must be filed and must follow the format substantially similar to Appendix 4.

A Trial Memorandum that includes the following. The Trial Memorandum shall be in a format substantially similar to Appendix 4.

Applies to

Modification petition

Must include

local rule certificate

A party seeking modification of a divorce decree must present the Judge with a sworn petition stating the grounds for modification.

Counsel for any party seeking a modification of any divorce decree must present to the Judge a sworn petition setting forth the grounds relied upon for the modification.

Applies to

Written proposals

Must include

local rule certificate

The document must certify that written proposals were submitted to opposing counsel at least ten days before trial.

ix. Certification that the above written proposals were submitted to opposing counsel at least ten (10) days before the trial.

Applies to

Written notice

The written notice must describe the nature of the case, state whether a jury was demanded, and state whether the party intends to testify.

The written notice must include: a description of the nature of the case, whether a jury has been demanded, and whether or not the party intends to testify.

Applies to

Trial memorandum

Must include

local rule certificate

The Local Rule 14(d) trial memorandum must include the filer's certification.

In accordance with Local Rule 14(d), I hereby certify that:

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.

If counsel or a party desire attested copies to be returned, self-addressed return envelopes and copies of the Order must be included with the order. The Clerk will not be required to mail attested copies of Consent Order submitted under this Rule unless this requirement is met.

Applies to

Proposed orders or decrees

Must include

proposed order

Competing proposed orders or decrees must be submitted together with any available transcript of the ruling.

Both proposed orders or decrees must be submitted to the Court together with any transcript of the ruling.

Applies to

Transcript

The new-trial rule must be copied into every transcript for an appeal in which a new trial was sought based on charge error or an evidentiary ruling.

This rule must be copied in every transcript of every case appealed from this court in which a new trial was sought on the grounds of error in the charge of the court or in the admission or rejection of evidence.

Applies to

Stipulation

The court encourages stipulations but will recognize or enforce an agreement or stipulation only if made in open court or reduced to writing and filed.

The Court encourages stipulations, however, no agreement, understanding or stipulation of parties or of their attorneys in any pending cause will be recognized or enforced by the Court unless made in open court or in writing and filed in the cause.

Applies to

Order or decree

Counsel for the prevailing party must prepare the order or decree and submit it to opposing counsel for approval.

Orders or decrees shall be prepared by counsel for the prevailing party and submitted to adversary counsel for approval.

Applies to

Alternative order or decree

A party disputing an order must state its objections in writing, prepare an alternative order, highlight all differences, and cite transcript page and line numbers when available.

In the event of disagreement about the order, the party disagreeing must note all objections in writing, and must also prepare an alternative order or decree. All differences must be highlighted and must reference the page and line numbers from the transcript if available.

Applies to

Sworn statement

The sworn financial statement must separately identify Social Security and income-tax deductions; self-employed persons must estimate those amounts using governmental guidelines or other reliable sources.

(2) The sworn statement must also set forth separately the amount deducted from salary for social security and income tax. Self- employed persons must estimate these sums, using governmental guidelines or other reliable sources that are available.

Applies to

E filed document

A signing party or attorney must include an email address with an E-Filed Document unless the person has no email and uses the Public Access Terminal.

In addition to the information required by TRCP Rule 11 and any other Local Rule, the Party or attorney signing a Document that is being E-Filed shall also include an e-mail address, unless the Party or attorney does not maintain an e-mail address and relies on the Public Access Terminal.

Applies to

Original document

Parties and attorneys must retain original documents until final case disposition and the expiration of all appeal opportunities.

Parties or their attorneys shall retain originals until final disposition of the case and the expiration of all appeal opportunities.

Applies to

Affidavit of income and expenses

Failure to provide the required affidavit of income and expenses may result in sanctions under T.R.C.P. Rule 37.

Failure to comply with this requirement may result in sanctions pursuant to T.R.C.P. Rule 37.