Court Rules

Shelby County Circuit Court, Tennessee Filing Timing and Cure Windows

114 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Shelby County Circuit Court, Tennessee; use the court rules overview to switch categories without leaving this court.

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

The finding of the Divorce Referee will become final unless an appeal from said finding is made within (10) days as provided by these rulesRules. Appeals from the Divorce Referee's ruling must be made by written motion within ten (10) days of the Referee's written ruling and must be placed on the Friday 10:00 a.m. Docket in the Division to which the case is assigned, or specially set by fiat. The motion shall specifically set forth what the movant seeks and specifically how the Divorce Referee was in error.

Court-level rulesCRITICALOfficial source

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.

Divorces based on irreconcilable differences cannot be heard until sixty (60) days (no children) or ninety (90) days (with children) have elapsed since filing of the complaint in accordance with T.C.A. § 36-4-103.

Court-level rulesCRITICALOfficial source
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.

(C) A written motion (other than one which may be heard ex parte), and notice of the hearing thereof, shall be served not later than fourteen (14) seven (7) days before the time specified for the hearing, unless a specific period is fixed by these Rules or by order of the Court.

Court-level rulesCRITICALOfficial source
Deadline
15 court days

Respondent's counsel must file the response brief and deliver copies of the brief and supporting materials at least 15 days before hearing.

Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the Courtroom Clerk (with a copy of any affidavits and supporting documents) at least fifteen (15) days before the motion is set to be heard.

Court-level rulesCRITICALOfficial source
Deadline
7 court days

The moving party must file its briefs and supporting documents and deliver copies to the Judge or Courtroom Clerk at least seven days before argument, while responsive copies must be delivered at least four days before argument.

(F) Moving counsel or party must file all memorandum briefs and supporting documents with the Clerk and must deliver a copy of all briefs and memoranda to the Judge or the Courtroom Clerk at least fourteen (14) seven (7) days before the motion is argued; and the responding counsel or party or parties must deliver a copy of all responsive briefs and memoranda to the Judge or the Courtroom Clerk at least four (4) days before the motion is argued, to give the Judge a reasonable opportunity to read the briefs before the hearing.

Court-level rulesCRITICALOfficial source
Deadline
4 court days

Responsive counsel or parties must deliver copies of all responsive briefs and memoranda to the Judge or Courtroom Clerk at least four days before argument.

the responding counsel or party or parties must deliver a copy of all responsive briefs and memoranda to the Judge or the Courtroom Clerk at least four (4) days before the motion is argued

Court-level rulesCRITICALOfficial source
Deadline
45 court days

Summary-judgment and dismissal motions must be filed with the Clerk at least 45 days before hearing, together with the proponent's brief and supporting materials.

(A) All motions for summary judgment and to dismiss shall be filed with the Clerk at least forty-five (45) days before the motion is heard, along with the proponent's memorandum brief and any affidavits and supporting documents.

Court-level rulesCRITICALOfficial source
Deadline
30 court days

A motion for a new trial or to alter or amend judgment must be set for hearing within 30 days after filing.

(A) All motions for a new trial or to alter or amend must be set for hearing within thirty (30) days after filing the motion.

Court-level rulesCRITICALOfficial source

Orders and decrees must be presented for entry within seven days after the decision, with the decision date stated in the document body.

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.

Court-level rulesCRITICALOfficial source

An order confirming the Divorce Referee's ruling must be submitted to the assigned court within seven days of the ruling.

Orders confirming the Divorce Referee's ruling must be submitted to the Court in which the case is assigned within seven (7) days of the Referee's ruling as provided by Rule Ten of these rulesRules.

Court-level rulesCRITICALOfficial source
Deadline
24 hours

The required paperwork and proposed orders for an irreconcilable-differences hearing are due 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.

Court-level rulesCRITICALOfficial source

When no responsive pleading has been filed, a Rule 55 default judgment must be obtained after service of process and before further hearing of the divorce case.

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.

Court-level rulesCRITICALOfficial source

A divorce on grounds will not be heard until 30 days after entry of the default judgment order.

Divorces on grounds will not be heard until thirty (30) days after the default judgment order has been entered.

Court-level rulesCRITICALOfficial source

The income-and-expense affidavit must be filed and served within 60 days after the complaint is filed or, for a defendant, within 60 days after the answer is due.

Said affidavit shall be filed and served no later than sixty (60) days after filing of the Complaint or, for the Defendant, sixty (60) days after an Answer is due.

Court-level rulesCRITICALOfficial source
Deadline
15 calendar days

Changes or supplementation to the income-and-expense affidavit must be disclosed as soon as possible and no later than 15 days before trial.

Any changes or supplementation to the Affidavit must be disclosed as soon as possible, and not later than fifteen (15) days before trial.

Court-level rulesCRITICALOfficial source
Deadline
10 calendar days

At least ten days before trial, parties in contested divorce, separate-maintenance, or legal-separation actions must file the specified pretrial documents.

At least ten (10) days before the trial of any contested action for divorce, separate maintenance, or for legal separation, the parties must file the following:

Court-level rulesCRITICALOfficial source

The required written notice of a real party who is court personnel is due within 30 days after the first responsive pleading or docketing, whichever occurs first.

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).

Court-level rulesCRITICALOfficial source

Anticipated motions in limine must be filed and presented to the court no less than 14 days before trial.

All motions in limine that can be reasonably anticipated should be filed and presented to the Court well before the day of the trial and no less than 14 days prior to trial.

Court-level rulesCRITICALOfficial source

For new cases subject to the E-Filing Rules, the Court will accept documents filed through E-Filing as validly filed unless an express exception applies.

(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.

Court-level rulesCRITICALOfficial source

An e-filed document is considered filed when the Clerk receives the complete transmission, and a qualifying document received before local midnight is deemed filed that day.

Any E-Filed Document shall be considered as filed with the Clerk when the transmission of the entire Document is received by the Clerk. Any Document received by the Clerk before midnight local time of the Clerk's Office shall be deemed filed on that date if such Document otherwise meets all the requirements for filing under the relevant rules of the Court.

Court-level rulesCRITICALOfficial source

The Clerk must transmit an electronic Transaction Receipt upon receiving an e-filed document, and the receipt serves as proof of filing.

Upon receipt by the Clerk of an E-Filed Document, the Clerk shall electronically transmit a Transaction Receipt indicating that the E-Filing has been received. The Transaction Receipt shall serve as proof of filing.

Court-level rulesCRITICALOfficial source

A rejected document does not enter the official court record, the E-Filer receives notice of rejection, and refiling may be required to satisfy 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 notification of the rejection. E-Filers may be required to re-file the Document to meet necessary filing requirements.

Court-level rulesCRITICALOfficial source

For transmission errors, processing failures, rejection, or other technical problems, the Court may upon satisfactory proof permit nunc pro tunc filing to the date of the first electronic filing attempt and may extend related response or action deadlines.

If the E-Filing does not occur 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 nunc 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.

Court-level rulesCRITICALOfficial source

An order confirming the Divorce Referee’s ruling must be submitted to the assigned court within seven days after the ruling.

Orders confirming the Divorce Referee’s ruling must be submitted to the Court in which the case is assigned within seven (7) days of the Referee's ruling as provided by Rule Ten of these rules.

Court-level rulesCRITICALOfficial source

An appeal from the Divorce Referee’s ruling must be made by written motion within ten days and placed on the assigned division’s Friday 10:00 a.m. docket or specially set by fiat.

Appeals from the Divorce Referee’s ruling must be made by written motion within ten (10) days of the Referee’s written ruling, and must be placed on the Friday 10:00 a.m. Docket in the Division to which the case is assigned, or specially set by fiat.

Court-level rulesCRITICALOfficial source

A summary-judgment or dismissal motion, the proponent’s memorandum brief, and supporting documents must be filed at least 30 days before the hearing.

All motions for summary judgment and to dismiss shall be filed with the Clerk at least thirty (30) days before the motion is heard, along with the proponent’s memorandum brief and any affidavits and supporting documents.

Court-level rulesCRITICALOfficial source

Respondent’s counsel must file a memorandum brief with the Clerk and deliver it, with copies of any affidavits and supporting documents, to the Judge or courtroom clerk at least ten (10) days before the motion is heard.

Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the courtroom clerk (with a copy of any affidavits and supporting documents) at least ten (10) days before the motion is heard.

Court-level rulesCRITICALOfficial source

The court will not hear a dispositive motion unless all parties comply with the section's filing and service requirements.

No motions will be heard unless all parties have complied with this rule.

Court-level rulesCRITICALOfficial source

A motion for a new trial or to alter or amend judgment must be set for hearing within 30 days after it is filed.

All motions for a new trial or to alter or amend must be set for hearing within thirty (30) days after filing the motion.

Court-level rulesCRITICALOfficial source

An order or decree must be presented for entry within 7 days after the decision is 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.

Court-level rulesCRITICALOfficial source

The sworn statement required by Rule Fourteen (C) must be filed at least three days before the hearing date, whether the matter is heard by the Court or Divorce Referee.

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.

Court-level rulesCRITICALOfficial source

Before any nonfinal hearing, each party must file a proposed temporary parenting plan and a verified statement of income.

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.

Court-level rulesCRITICALOfficial source

The parties must submit a proposed permanent parenting plan, jointly or separately, on the day of the uncontested divorce hearing.

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

Court-level rulesCRITICALOfficial source

Attendance certificates generally must be filed under the docket number at least five days before a hearing, although the Referee may hear temporary-support matters without one upon a finding of immediate need.

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.

Court-level rulesCRITICALOfficial source

When a Shelby County attorney is a real party, the parties must file written notice within 30 days after the first responsive pleading or docketing in Circuit Court, whichever occurs first.

In any action in which a Shelby County attorney 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, or the docketing of the case in Circuit Court (whichever is sooner).

Court-level rulesCRITICALOfficial source

Counsel must notify the court well in advance of trial when a case satisfies any listed complexity criterion.

All Counsel are required to inform the Court, well in advance of trial, of any case that is: (1) expected to be over five (5) days in length, or (2) involves over four (4) separately represented parties, or (3) involves complex questions of fact or law, or (4) in which there is anticipated a number of questions which should be resolved before jury selection, or (5) in which, for any other reason, reasonably requires advance notice to the Court to avoid delay, confusion, or error at trial.

Court-level rulesCRITICALOfficial source

Counsel must give written notice to the courtroom clerk and provide a copy to the judge at least ten days before a hearing involving a person with a disability requiring special accommodation.

Counsel with knowledge of a litigant or witness involved in the trial or hearing with a disability requiring special accommodation must notify the courtroom clerk of the division of court in which the matter is to be heard, with a copy of said the notice to the ===== PAGE 22 ===== Judge. The written notice must be given at least ten (10) days before the hearing, in order to allow the Court to comply with the letter and spirit of the Americans with Disabilities Act.

Court-level rulesCRITICALOfficial source

Counsel of record must notify the court at least fifteen days before a legal proceeding if a participant is expected to be a Limited English Proficient person.

In accordance with Rule 42 of the Rules of the Supreme Court, it shall be the duty and responsibility of counsel of record to notify the Court, not less than fifteen (15) days prior to any legal proceeding, of the expected participation by a party, witness, or other person who is a Limited English Proficient person.

Court-level rulesCRITICALOfficial source

The parties must secure a State Certified Court Interpreter before a trial or hearing and present an appointment order at least fifteen days before the proceeding.

It shall be the duty of the parties to secure the services of a State Certified Court Interpreter prior to any trial or hearing and present an Order of Appointment to the Court not less than fifteen (15) days prior to the proceeding.

Court-level rulesCRITICALOfficial source

A party seeking a less-preferred interpreter must submit the required petition to the court at least thirty days before the proceeding.

In the event a party seeks appointment of an Interpreter of lesser preference, the party shall submit to the Court, not less than thirty (30) days prior to the proceeding 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.

Court-level rulesCRITICALOfficial source

An electronically filed document is filed when the Clerk receives the document's entire transmission.

Any E-Filed Document shall be considered as filed with the Clerk when the transmission of the entire Document is received by the Clerk.

Court-level rulesCRITICALOfficial source

A qualifying document received before midnight at the Clerk's Office is deemed filed that same date.

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

Court-level rulesCRITICALOfficial source

A rejected electronic filing does not enter the court record, the E-Filer is notified, and refiling may be required to satisfy filing rules.

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 notification of the rejection. E-Filers may be required to re-file the Document to meet necessary filing requirements.

Court-level rulesCRITICALOfficial source

An order confirming the Divorce Referee's ruling must be submitted to the assigned court within seven days of the ruling.

Orders confirming the Divorce Referee's ruling must be submitted to the Court in which the case is assigned within seven (7) days of the Referee's ruling as provided by Rule Ten of these Rules.

Court-level rulesCRITICALOfficial source

When a specified court employee or attorney is a real party, the parties must file written notice within 30 days after the first responsive pleading or docketing, whichever occurs first.

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).

Court-level rulesCRITICALOfficial source

Except for motions made during trial, a motion must be docketed by the close of business on the preceding Friday to be heard.

Except motions made during the actual trial of the case, all motions must be entered on the motion docket. Only those motions placed on the motion docket by the close of business on the preceding Friday will be heard.

Court-level rulesCRITICALOfficial source
Deadline
45 calendar days

A motion for summary judgment or dismissal, the proponent's brief, and supporting materials must be filed at least 45 days before the hearing.

All motions for summary judgment and to dismiss shall be filed with the Clerk at least forty-five (45) days before the motion is heard, along with the proponent's memorandum brief and any affidavits and supporting documents.

Court-level rulesCRITICALOfficial source
Deadline
15 calendar days

The respondent's brief and supporting materials must be filed and delivered to the Judge or Courtroom Clerk at least 15 days before the hearing.

Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the Courtroom Clerk (with a copy of any affidavits and supporting documents) at least fifteen (15) days before the motion is set to be heard.

Court-level rulesCRITICALOfficial source
Deadline
30 calendar days

A motion for a new trial or alteration or amendment of judgment must be set for hearing within 30 days after filing.

All motions for a new trial or to alter or amend must be set for hearing within thirty (30) days after filing the motion.

Court-level rulesCRITICALOfficial source

Orders and decrees must be presented for entry within seven days after the decision is rendered, and the decision date must appear in the document.

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.

Court-level rulesCRITICALOfficial source

Temporary alimony and child-support motions are heard eight days after notice.

Motions for allowance of temporary alimony or child support will be heard by the Divorce Referee eight (8) days after notice in accordance with T.R.C.P. Rules 6.01, 6.04, and 6.05, and will be heard each week as set forth in this Rule.

Court-level rulesCRITICALOfficial source

An appeal from the Divorce Referee's written ruling must be filed by written motion within ten days and placed on the Friday 10:00 a.m. Docket or specially set by fiat.

Appeals from the Divorce Referee's ruling must be made by written motion within ten (10) days of the Referee's written ruling and must be placed on the Friday 10:00 a.m. Docket in the Division to which the case is assigned, or specially set by fiat.

Court-level rulesCRITICALOfficial source
Deadline
60 calendar days

Irreconcilable-differences divorces without children cannot be heard for 60 days after filing, and those with children cannot be heard for 90 days after filing.

Divorces based on irreconcilable differences cannot be heard until sixty (60) days (no children) or ninety (90) days (with children) have elapsed since filing of the complaint in accordance with T.C.A. § 36-4-103.

Court-level rulesCRITICALOfficial source
Deadline
24 hours

Parties must submit all required paperwork and proposed orders to the Divorce Referee and Courtroom Clerk at least 24 hours before the hearing.

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

Court-level rulesCRITICALOfficial source
Deadline
15 calendar days

Changes or supplementation to the financial affidavit must be disclosed as soon as possible and no later than 15 days before trial.

Any changes or supplementation to the affidavit must be disclosed as soon as possible, and not later than fifteen (15) days before trial.

Court-level rulesCRITICALOfficial source
Deadline
30 calendar days

A divorce will not be heard until 30 days after entry of the default judgment order.

Divorces on grounds will not be heard until thirty (30) days after the default judgment order has been entered.

Court-level rulesCRITICALOfficial source
Deadline
60 calendar days

The income-and-expense affidavit must be filed and served within 60 days after the complaint is filed, or for a defendant within 60 days after the answer is due.

Said affidavit shall be filed and served no later than sixty (60) days after filing of the Complaint or, for the Defendant, sixty (60) days after an Answer is due.

Court-level rulesCRITICALOfficial source
Deadline
10 calendar days

At least 10 days before trial in a contested divorce, separate-maintenance, or legal-separation action, the parties must file the listed documents.

At least ten (10) days before the trial of any contested action for divorce, separate maintenance, or for legal separation, the parties must file the following:

Court-level rulesCRITICALOfficial source
Deadline
24 hours

Parties must submit all required paperwork and proposed orders to the Divorce Referee and Courtroom Clerk at least 24 hours in advance, or earlier when the judge's published preferences require it, and untimely submission may result in removal from that date's docket.

The parties must submit all required paperwork and proposed Orders to the Divorce Referee and the Courtroom Clerk at least 24 hours in advance, ===== PAGE 14 ===== or more if required by the Judge's preferences as published on the Clerk's website. Failure to do so may result in the matter being struck from the docket for that date.

Court-level rulesCRITICALOfficial source

An attorney must immediately file a notice of appearance or have the Clerk add the attorney's name to the case file upon employment and remain as counsel of record until the court excuses the attorney or the judgment becomes final.

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. Attorneys will remain as counsel of record until excused by the Court or until the judgment becomes final.

Court-level rulesCRITICALOfficial source

Counsel must notify the court no later than 14 days before trial of cases expected to exceed five days, involving more than four separately represented parties, presenting complex issues or pretrial questions, or reasonably requiring advance notice.

All Counsel are required to inform the Court, well in advance of trial and no less than 14 days prior to trial, of any case that: (1) is expected to be over five (5) days, or (2) involves over four (4) separately represented parties, or (3) involves complex questions of fact or law, or (4) involves a number of questions that should be resolved before jury selection, or (5) for any other reason, reasonably requires advance notice to the Court to avoid delay, confusion, or error at trial.

Court-level rulesCRITICALOfficial source
Deadline
14 calendar days
Applies to
Motion in limine

Anticipated motions in limine should be filed and presented to the court no less than 14 days before trial.

All motions in limine that can be reasonably anticipated should be filed and presented to the Court well before the day of the trial and no less than 14 days prior to trial.

Court-level rulesCRITICALOfficial source
Deadline
15 calendar days

Counsel of record must notify the court at least 15 days before a legal proceeding of an expected participant who is a Limited English Proficient person.

In accordance with Rule 42 of the Rules of the Supreme Court, it shall be the duty and responsibility of counsel of record to notify the Court, not less than fifteen (15) days prior to any legal proceeding, of the expected participation by a party, witness, or other person who is a Limited English Proficient person.

Court-level rulesCRITICALOfficial source
Deadline
15 calendar days
Applies to
Order of appointment

The parties must secure a State Certified Court Interpreter and present an Order of Appointment to the court at least 15 days before the proceeding.

It shall be the duty of the parties to secure the services of a State Certified Court Interpreter prior to any trial or hearing and present an Order of Appointment to the Court not less than fifteen (15) days prior to the proceeding.

Court-level rulesCRITICALOfficial source
Deadline
30 calendar days
Applies to
Interpreter appointment petition

A party seeking an interpreter of lesser preference must submit a petition explaining the basis for that appointment at least 30 days before the proceeding.

In the event a party seeks appointment of an Interpreter of lesser preference, the party shall submit to the Court, not less than thirty (30) days prior to the proceeding 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.

Court-level rulesCRITICALOfficial source

An electronically filed document is deemed filed when received, and documents received before midnight are deemed filed that date if they meet filing requirements; the Clerk provides a transaction receipt as proof of filing.

Any E-Filed Document shall be considered as filed with the Clerk when the transmission of the entire Document is received by the Clerk. Any Document received by the Clerk before midnight local time of the Clerk's Office shall be deemed filed on that date if such Document otherwise meets all the requirements for filing under the relevant rules of the Court. Upon receipt by the Clerk of an E-Filed Document, the Clerk shall electronically transmit a Transaction Receipt indicating that the E-Filing has been received. The Transaction Receipt shall serve as proof of filing.

Court-level rulesCRITICALOfficial source

If electronic filing fails because of an unknown transmission error, processing failure, rejection, or other technical problem, the court may upon satisfactory proof allow nunc pro tunc filing to the original attempted date and may extend related response or performance deadlines.

If the E-Filing does not occur 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 nunc 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.

Court-level rulesCRITICALOfficial source
Deadline
7 calendar days

The parties must submit the order within seven days after the ruling is issued.

Parties shall submit an Order within seven (7) days once a ruling is issued in accordance with the local rules.

Judge Carol ChumneyCRITICAL
Deadline
7 calendar days

The prevailing party has seven days after an oral or written ruling to submit the proposed order by email or in the Division II Orders Box.

If the ruling is oral or by letter, then the proposed Order shall be submitted by the prevailing party in word format via email at circuit.division2@shelbycountytn.gov or placed in the Division II Orders Box in Room 208 within seven (7) days of the ruling.

Judge Carol ChumneyCRITICAL

The listed divorce documents must be emailed to both the Courtroom Clerk and Deputy Divorce Referee no later than noon on the Friday before the hearing.

Please email a copy of the Affidavit/Interrogatories (file-stamped), Martial Dissolution Agreement or Order of Default Judgment, Parenting Class attendance certificates, Military Affidavit (file-stamped), Final Decree, Permanent Parenting Plan, Health Insurance notification form (file-stamped), cost bill, IVD form, confidential divorce info form, and any other required documents to the Courtroom Clerk at circuit.division2@shelbycountytn.gov and to the Deputy Divorce Referee Dewun Settle at dewun.settle@shelbycountytn.gov, no later than noon on the Friday preceding your hearing date.

Judge Carol ChumneyCRITICAL

Documents that are not timely received by the Shelby County Divorce Referee’s office will cause the matter to be struck from the docket.

Documents not timely received by the Shelby County Divorce Referee’s office will result in the matter being struck from the docket.

Judge Carol ChumneyCRITICAL

Ordered pretrial briefs are due no later than three days before trial commences.

Any Pre-Trial briefs ordered by the Court shall be hand-delivered to the Courtroom clerk no later than three (3) days before the trial commences.

Judge Carol ChumneyCRITICAL

All orders must be submitted within seven days.

All Orders are due within seven (7) days.

Judge Carol ChumneyCRITICAL

If an electronically submitted order has not been entered within seven days, a hard copy must be delivered to the Division II Courtroom Clerk or Room 208.

If an Order is submitted electronically and is not entered within seven (7) days by the Court, please drop off a hard copy with the Div. II Courtroom Clerk or in Room 208.

Judge Carol ChumneyCRITICAL
Deadline
3 court days

If the parties cannot agree on a Pre-Trial Order, each party must submit its proposed order to the Court by email or hand-delivery no later than three days before the Pre-Trial Conference.

If the parties can not agree, then each party is to provide the Court with that party’s proposed Pre-Trial Order no later than three (3) days before the Pre-Trial conference by email to circuit.division2@shelbycountytn.gov or hand-delivery.

Judge Carol ChumneyCRITICAL
Deadline
3 court days

When ordered by the Court, Pre-Trial briefs must be hand-delivered to the Courtroom Clerk no later than three days before trial begins.

If the Court orders Pre-Trial briefs, then they shall be hand-delivered to the Courtroom clerk no later than three (3) days before the trial commences.

Judge Carol ChumneyCRITICAL

Proposed jury instructions and the jury verdict form are due at least three days before the pretrial conference.

Any proposed jury instructions and jury verdict form must be submitted to the Court via hand-delivery at least three (3) days before the Pre-Trial Conference.

Judge Carol ChumneyCRITICAL

When the parties cannot agree, each party's proposed pretrial order is due no later than three days before the pretrial conference, with delivery by email or hand-delivery.

If the parties can not agree, then each party is to provide the Court with that party’s proposed Pre-Trial Order no later than three (3) days before the Pre-Trial conference by email to circuit.division2@shelbycountytn.gov or hand-delivery.

Judge Carol ChumneyCRITICAL

Discovery requests and related filings requiring a response must be submitted sufficiently early for the response to occur before the discovery deadline.

All discovery requests or other discovery-related filings that require a response must be filed sufficiently in advance of the discovery deadline to enable the opposing party to respond prior to that date.

Judge Carol ChumneyCRITICAL
Deadline
3 court days

A proposed pretrial order must be submitted at least three court days before the pretrial conference.

Proposed Pre-Trial Orders are due at least three (3) Court days before the Pre-Trial Conferences.

Judge Carol ChumneyCRITICAL

Proposed jury instructions must be hand-delivered to the court at least three days before the pretrial conference.

Any proposed jury instructions must be submitted to the Court via hand-delivery at least three (3) days before the Pre-Trial Conference.

Judge Carol ChumneyCRITICAL

The Divorce Referee's Office must review and approve an uncontested divorce case before its court date.

All uncontested divorce cases set in Division VI before Judge Cedrick D . Wooten must be reviewed and approved by the Divorce Referee's Office before the court date.

Judge Cedrick D. WootenCRITICAL
Deadline
12 hours

The complete case packet is due by noon on Monday during the week of the scheduled hearing.

Complete case packet due: Monday at 12:00 PM (the week of the scheduled hearing)

Judge Cedrick D. WootenCRITICAL

An incomplete or untimely packet may result in the case being stricken and reset for a later date.

If your packet is incomplete or not corrected by these deadlines, your case may be stricken from the docket and will need to be reset for a later date.

Judge Cedrick D. WootenCRITICAL

Relevant documents must be emailed to Mr. Anthony Bradley by 2:00 p.m. on the Friday before the intended hearing.

2. Relevant documents1 shall be emailed to Mr. Anthony Bradley no later than 2:00 p.m. on the Friday preceding the intended hearing date and should include:

Judge Damita DandridgeCRITICAL

A proposed order must be presented to the court for entry within seven days under the local rules.

An order should be presented to the Court for entry within seven days per local rules.

Judge Felicia Corbin-JohnsonCRITICAL

The listed uncontested-divorce paperwork must be submitted to the Division V divorce referee by noon on the Friday before the hearing.

No later than 12 o’clock noon the Friday before your hearing date, you must submit the paperwork listed below to the Division V divorce referee

Judge Rhynette HurdCRITICAL

Documents for a Wednesday-morning uncontested divorce hearing must reach Deputy Divorce Referee Gordon Olswing by email or fax before 2:00 p.m. on the preceding Friday.

For a matter to be heard on a scheduled Wednesday morning, the documents must be submitted to the Circuit Court Division 3 Deputy Divorce Referee Gordon Olswing by email or fax prior to 2:00 pm on the Friday preceding the Wednesday hearing.

Judge W. Christopher FrullaCRITICAL

Documents for a Wednesday-morning uncontested divorce hearing must be submitted by email or fax before 2:00 pm on the preceding Friday.

For a matter to be heard on a scheduled Wednesday morning, the documents must be submitted to the Circuit Court Division 3 Deputy Divorce Referee Gordon Olswing by email or fax prior to 2:00 pm on the Friday preceding the Wednesday hearing.

Judge W. Christopher FrullaCRITICAL

Parties must submit orders within seven days in accordance with the local rules.

Parties shall submit Orders within seven (7) days in accordance with the local rules.

Judge Yolanda Kight BrownCRITICAL

An email copy of the listed divorce documents and any other pertinent document must be sent to the Divorce Referee by close of business on the Wednesday before the hearing.

Please file all appropriate pleadings. Email a copy of the Plaintiff’s Affidavit/Interrogatories, Agreed Parenting Plan, Insurance Notification, Costs Bill, Health Insurance Form, Demographic Form, Divorce Certificate Form, the Final Decree, and any other pertinent document to Judge Debbie Branan, Divorce Referee, at KDJudge@aol.com by close of business on the Wednesday preceding the Wednesday your case is set to be heard.

Judge Yolanda Kight BrownCRITICAL

All motions, responses, and replies must be timely filed under the Local Rules and Tennessee Rules of Civil Procedure.

All motions, responses, and replies shall be timely filed in accordance with the Local Rules and Tennessee Rules of Civil Procedure.

Judge Yolanda Kight BrownCRITICAL
Applies to
Motion

A motion for summary judgment or dismissal must be filed with the supporting memorandum and documents at least 30 days before the hearing.

Pursuant to Local Rules, all motions for summary judgment and to dismiss shall be filed with the Clerk at least thirty (30) days before the motion is heard, along with the proponent’s memorandum brief and any affidavits and supporting documents.

Judge Yolanda Kight BrownCRITICAL
Applies to
Opposition

Respondent's counsel must file and deliver the memorandum brief and copies of supporting documents at least 10 days before the hearing.

Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Courtroom Clerk (with a copy of any affidavits and supporting documents) at least ten (10) days before the motion is heard.

Judge Yolanda Kight BrownCRITICAL

A motion will not be heard if the parties have not complied with the stated deadlines, although the Court may extend or shorten those limits.

No motions will be heard unless all parties have complied with this rule except where the Court may have extended or shortened these time limits.

Judge Yolanda Kight BrownCRITICAL
Applies to
Order

After an oral or written ruling is issued, the resulting order must be submitted by email or placed in the Division IX Orders Box within seven days.

The Court may issue a ruling orally or by letter and once it has been issued, the Order shall be submitted via email at circuit.division9@shelbycountytn.gov OR placed in the Division IX Orders Box in Room 208 within seven (7) days of the ruling.

Judge Yolanda Kight BrownCRITICAL

Documents intended for the Court's review must be emailed to the Courtroom Clerk three days before the hearing.

Email any documents for the Court’s review to the Courtroom Clerk 3 days prior to the hearing.

Judge Yolanda Kight BrownCRITICAL
Deadline
4 court days

If no opposition is filed and delivered at least four days before the hearing, the Court may grant the motion.

If no opposition is filed and delivered in response to the motion at least five (5) four (4) days before the hearing, the Court may grant the motion.

Court-level rulesWARNINGOfficial source

The Court may extend or shorten the dispositive-motion filing deadlines, assess resulting expenses against the delaying party, or rule without waiting for required documents.

The Court, however, may extend or shorten these time limits and assess any resulting expenses to the party causing the delay, or the Court may rule upon the motion without waiting for the required documents to be filed.

Court-level rulesWARNINGOfficial source

Upon satisfactory proof of an unknown transmission error, processing failure, rejection, or other technical e-filing problem, the Court may permit nunc pro tunc filing and extend resulting response or performance deadlines.

If the E-Filing does not occur 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 nunc 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.

Court-level rulesWARNINGOfficial source

The court may alter the dispositive-motion filing deadlines, assess resulting expenses against the delaying party, or rule before all required documents are filed.

The Court, however, may extend or shorten these time limits and assess any resulting expenses to the party causing the delay, or the Court may rule upon the motion without waiting for the required documents to be filed.

Court-level rulesWARNINGOfficial source
Deadline
10 business days

When investment funds are deposited by check, the Clerk has ten business days to determine whether the funds are sufficient.

The Clerk shall have ten (10) business days to determine the sufficiency of the funds deposited if paid by check.

Court-level rulesWARNINGOfficial source
Deadline
10 business days

The attorney involved in the investment must obtain proof from the clerk no sooner than ten business days after entry of the investment order, judgment, or decree.

The attorney for the party involved in the investment of said funds is responsible for obtaining proof from the clerk of such investment no sooner than ten (10) business days from entry of the order, judgment or decree.

Court-level rulesWARNINGOfficial source

Anticipated motions in limine should be filed and presented well before trial.

All motions in limine that can be reasonably anticipated should be filed and presented to the Court well before the day of the trial.

Court-level rulesWARNINGOfficial source

The Clerk must electronically provide a Transaction Receipt, which serves as proof of filing.

Upon receipt by the Clerk of an E-Filed Document, the Clerk shall electronically transmit a Transaction Receipt indicating that the E-Filing has been received. The Transaction Receipt shall serve as proof of filing.

Court-level rulesWARNINGOfficial source

The court may grant a motion if no opposition is filed and delivered at least four days before the hearing.

If no opposition is filed and delivered in response to the motion at least four (4) days before the hearing, the Court may grant the motion.

Court-level rulesWARNINGOfficial source

Noncompliance ordinarily prevents a dispositive motion from being heard, but the Court may modify the deadlines, assign resulting expenses, or rule without waiting for required filings.

No motion will be heard unless all parties have complied with this Rule. The Court, however, may extend or shorten these time limits and assess any resulting expenses to the party causing the delay, or the Court may rule upon the motion without waiting for the required documents to be filed.

Court-level rulesWARNINGOfficial source

After final judgment, the Clerk retains exhibits for one year; if no appeal is pending, the Clerk must give notice, and unretrieved exhibits may be destroyed 30 days after notice unless the court directs otherwise.

After entry of the final order in a case, the Clerk shall retain exhibits for one year. If no appeal is pending after one year, the Clerk shall notify counsel or self-represented party that all exhibits will be destroyed unless counsel or the party who introduced an exhibit informs the Clerk of the party's intent to retrieve the exhibit. Unless otherwise directed by the Court, the Clerk may destroy exhibits that have not been retrieved after thirty days of notice to counsel or self-represented party.

Court-level rulesWARNINGOfficial source

A stricken motion must be refiled and, upon application, may be reset no later than the Thursday of the following week.

When a motion is stricken, it must be refiled; however, upon application, motions may be reset for a date not later than the Thursday of the succeeding week.

Court-level rulesWARNINGOfficial source
Deadline
10 calendar days

Counsel must provide written notice of a disability accommodation need to the courtroom clerk, with a copy to the judge, at least 10 days before the hearing.

Counsel with knowledge of a litigant or witness involved in the trial or hearing with a disability requiring special accommodation must notify the Courtroom Clerk of the Division of Court in which the matter is to be heard, with a copy of the notice to the Judge. The written notice must be given at least ten (10) days before the hearing to allow the Court to comply with the letter and spirit of the Americans with Disabilities Act.

Court-level rulesWARNINGOfficial source

A rejected electronically filed document does not become part of the official court record, the filer receives notice of rejection, and the filer may be required to refile it.

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 notification of the rejection. E-Filers may be required to re-file the Document to meet necessary filing requirements.

Court-level rulesWARNINGOfficial source
Deadline
3 court days

Documents required for the Court’s review, including medical records, must be provided to the Courtroom Clerk at least three court days before the hearing.

Provide the Courtroom Clerk with any documents the Court needs to review, including medical records, at least three (3) court days before the hearing.

Judge Carol ChumneyWARNING

Orders submitted by email will be reviewed and entered as soon as possible.

Orders presented via email will be reviewed and entered ASAP.

Judge W. Christopher FrullaWARNING

For non-contested-divorce matters, the Court may require trial briefs at least one week before trial.

For all other matters, the Court reserves the right to have the parties prepare and submit trial briefs at least one week before trial.

Judge Yolanda Kight BrownWARNING
Common questions about Shelby County Circuit Court, Tennessee filing timing and cure windows rules

When is a filing treated as filed in Shelby County Circuit Court, Tennessee?

The rule states a 2:00 p.m. filing cutoff. Relevant documents must be emailed to Mr. Anthony Bradley by 2:00 p.m. on the Friday before the intended hearing.

View ruleSource: page 3, section Uncontested Divorce

When is a filing treated as filed in Shelby County Circuit Court, Tennessee?

The rule addresses filing timing, filing status, or cure windows. 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.

View ruleSource: page 11, section RULE FOURTEEN. DOMESTIC RELATIONS CASES (A)(3)

When is a filing treated as filed in Shelby County Circuit Court, Tennessee?

The rule addresses filing timing, filing status, or cure windows. All motions, responses, and replies must be timely filed under the Local Rules and Tennessee Rules of Civil Procedure.

View ruleSource: page 3, section Dispositive Motions

When is a filing treated as filed in Shelby County Circuit Court, Tennessee?

The rule addresses filing timing, filing status, or cure windows. A motion for summary judgment or dismissal must be filed with the supporting memorandum and documents at least 30 days before the hearing.

View ruleSource: page 3, section Dispositive Motions

When is a filing treated as filed in Shelby County Circuit Court, Tennessee?

The rule addresses filing timing, filing status, or cure windows. Respondent's counsel must file and deliver the memorandum brief and copies of supporting documents at least 10 days before the hearing.

View ruleSource: page 3, section Dispositive Motions

When is a filing treated as filed in Shelby County Circuit Court, Tennessee?

The rule addresses filing timing, filing status, or cure windows. After an oral or written ruling is issued, the resulting order must be submitted by email or placed in the Division IX Orders Box within seven days.

View ruleSource: page 3, section Dispositive Motions