Shelby County Circuit Court, Tennessee Service and Proof of Service Rules
32 rules from official source documents
E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Shelby County Circuit Court, Tennessee; use the court rules overview to switch categories without leaving this court.
- 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.
Service copies to all adverse parties must meet the same deadlines.
- 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.
Such notice shall be mailed to all adversary counsel or unrepresented 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.
If the opposing party has no counsel of record, the attorney or party preparing the order must send a copy of the order to the opposing party along with a notice of the time and place when the order will be presented to the Court, to give the opposing party an opportunity to appear and object to the wording of the order, or to present the party's own order.
- Applies to
- Notice of hearing
The attorney setting an irreconcilable-differences hearing must give the opposing party or attorney five days' written notice of the hearing date and time.
The attorney setting the case for a hearing must give the opposing party or attorney five (5) days written notice of the date and time of the hearing.
- Applies to
- Income affidavit
The income-and-expense affidavit must be filed and served in these domestic matters.
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
The sworn financial statement must be filed and served in these domestic 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.
- Deadline
- 10 calendar days
The document must be served on the opposing party or their counsel at least ten days before trial.
9. I certify that this was served upon the opposing party or their counsel at least ten (10) days before trial.
- Applies to
- Motion
- Service
A written motion and notice of hearing must be served at least five days before the hearing unless the rules or a court order specify a different period.
A written motion (other than one which may be heard ex parte), and notice of the hearing thereof, shall be served not later than five (5) days before the time specified for the hearing, unless a specific period is fixed by these rules or by order of the Court.
- Applies to
- Dispositive motion papers
Service copies for all adverse parties must meet the same 10-day-before-hearing deadline applicable to the respondent's filing.
Service copies to all adverse parties must meet the same deadlines.
- Deadline
- 7 days
- Applies to
- Notice of motion
- Service
- Mail to all parties
Except for ex parte motions and when another period is fixed, the written motion and hearing notice must be mailed at least seven days before the hearing to adversary counsel or an unrepresented party's last known address.
A written motion (other than one which may be heard ex parte), and notice of the hearing thereof, shall be served not later than 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. Such notice shall be mailed to all adversary counsel or unrepresented party’s last known address.
Copies served on all adverse parties must meet the same 45-day initial and 15-day responsive deadlines applicable to the corresponding filings.
Service copies to all adverse parties must meet the same deadlines.
If opposing counsel does not promptly sign and return an order, the preparing party must give notice of the presentation time and place and provide opposing counsel a certificate of service.
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.
When the opposing party has no counsel of record, the preparing attorney or party must send the opposing party a copy of the order and notice of the presentation time and place.
If the opposing party has no counsel of record, the attorney or party preparing the order must send a copy of the order to the opposing party along with a notice of the time and place when the order will be presented to the Court, to give the opposing party an opportunity to appear and object to the wording of the order, or to present the party's own order.
The attorney setting an irreconcilable-differences divorce hearing must provide five days' written notice of the hearing date and time.
The attorney setting the case for a hearing must give the opposing party or attorney five (5) days written notice of the date and time of the hearing.
The document must be served on the opposing party or their counsel at least ten days before trial.
9. I certify that this was served upon the opposing party or their counsel at least ten (10) days before trial.
- Applies to
- Proposed order
An unsigned proposed order must be presented in open court with proper proof of notice to all other counsel and parties.
If all counsel and/or self-represented litigants have not signed the proposed Order, then it must be presented in open court with proper proof of notice to the other counsel and parties.
- Deadline
- 5 business days
The party setting a default-judgment divorce hearing must provide all attorneys and self-represented parties proper notice, including Zoom sign-on information, at least five business days before the hearing, with three additional days when notice is by mail.
The party setting the hearing is responsible for providing proper notice to all other attorneys or self-represented parties including the Zoom sign-on information no later than five (5) business days (and three (3) additional days if notice is by mail) of the date and time set for the Zoom hearing, and to ensure that the party(ies) are available to participate via Zoom in an appropriate setting.
A hearing will be reset if the party setting it fails to comply with the notice requirements.
All hearings will be reset for failure to comply with notice requirements.
- Applies to
- Hearing notice
The party setting a hearing must provide all other attorneys and self-represented parties proper notice containing the Zoom link and credentials and ensure client Zoom readiness; noncompliance may result in the hearing being reset.
The party setting the hearing is responsible for providing proper notice, including the Zoom link, with credentials to all other attorneys or self-represented parties, and to ensure that their clients are available to participate via Zoom in an appropriate setting, if applicable, and wearing appropriate attire. All hearings will be reset for failure to comply with notice requirements.
- Applies to
- Motion
A motion must be filed with proof of Local Rule 5(h) compliance and proof of proper notice, including default-motion notice unless service was by publication.
Please file proof of compliance with this rule and proof of proper notice with the Motion, including notice on motions for default unless service was by publication.
- Applies to
- Notice
Every notice must contain the universal Zoom link, and the court may strike motions that fail to comply.
ALL NOTICES SHALL CONTAIN THE UNIVERSAL ZOOM LINK which can be found below in the Zoom Hearing section. The Court reserves the right to strike all Motions that do not comply with this provision.
- Applies to
- Opposition
Respondent’s counsel must file a memorandum brief with the Clerk and deliver it, with copies of any affidavits and supporting documents, to the 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 Courtroom Clerk (with a copy of any affidavits and supporting documents) at least ten (10) days before the motion is heard.
Service copies to all parties must meet the same deadlines.
Service copies to all parties must meet the same deadlines.
- Applies to
- Order or decree
If opposing counsel does not return the order, the preparing party must give notice of the presentation time and place and provide opposing counsel a certificate of service.
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
- Order
When the opposing party has no counsel of record, the attorney or party preparing an order must send the opposing party a copy of the order and notice of when and where it will be presented.
If the opposing party has no counsel of record, the attorney or party preparing the order must send a copy of the order to the opposing party along with a notice of the time and place when the order will be presented to the Court, to give the opposing party an opportunity to appear and object to the wording of the order, or to present the party’s own order.
- Applies to
- Brief
Attorneys should serve copies of all briefs on opposing counsel when the briefs are filed with the court.
A lawyer should serve copies of all briefs upon opposing counsel at the time that they are filed with the court.
- Applies to
- Order
- Service
- Mail to all parties
The order's certificate of service confirms that a copy was mailed postage prepaid to all parties of record or their counsel at the last known address.
The undersigned hereby certifies that a copy of the foregoing order has been mailed postage prepaid to the parties of record or their counsel, if represented at their last known address.
- Applies to
- Notice
A lawyer should give the Court and opposing counsel the earliest possible notice when a deposition or hearing is canceled.
a) Give notice of cancellation of depositions and hearings to the Court and opposing counsel at the earliest possible time.
- Applies to
- Brief
A lawyer should serve opposing counsel with copies of every brief when the brief is filed with the Court.
12. A lawyer should serve copies of all briefs upon opposing counsel at the time that they are filed with the Court.
- Service
- Electronic service
The Court and Clerk may electronically serve notices, orders, and other documents subject to the E-Filing Rules.
(b) The Court and the Clerk may issue, file, and serve notices, orders, and other documents electronically, subject to the provision of these E-Filing Rules.
- Applies to
- Brief
Copies of all briefs should be served on opposing counsel when the briefs are filed with the Court.
A lawyer should serve copies of all briefs upon opposing counsel at the time that they are filed with the Court.
- Service
- Electronic service
The Court and Clerk may electronically issue, file, and serve notices, orders, and other documents.
The Court and the Clerk may issue, file, and serve notices, orders, and other documents electronically, subject to the provision of these E-Filing Rules.
What rule applies to service for motion brief in Shelby County Circuit Court, Tennessee?
The rule addresses service method, recipient, or timing requirements. Details: method: service by mail, recipient: 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.
What rule applies to service for notice of hearing in Shelby County Circuit Court, Tennessee?
The rule addresses service method, recipient, or timing requirements. Details: method: service by mail, recipient: all parties, timing: before hearing. Notice of the hearing must be mailed to all adversary counsel or, for an unrepresented party, to that party's last known address.
What rule applies to service for order in Shelby County Circuit Court, Tennessee?
The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. 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.
What rule applies to service for notice of hearing in Shelby County Circuit Court, Tennessee?
The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party, timing: before hearing. The attorney setting an irreconcilable-differences hearing must give the opposing party or attorney five days' written notice of the hearing date and time.
What rule applies to service for income affidavit in Shelby County Circuit Court, Tennessee?
The rule addresses service method, recipient, or timing requirements. The income-and-expense affidavit must be filed and served in these domestic matters.
What rule applies to service for sworn financial statement in Shelby County Circuit Court, Tennessee?
The rule addresses service method, recipient, or timing requirements. The sworn financial statement must be filed and served in these domestic matters.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.