Court Rules

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.

Court-level rulesCRITICALOfficial source
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.

Court-level rulesCRITICALOfficial source
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.

Court-level rulesCRITICALOfficial source
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.

Court-level rulesCRITICALOfficial source
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.

Court-level rulesCRITICALOfficial source
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.

Court-level rulesCRITICALOfficial source
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.

Court-level rulesCRITICALOfficial source
Applies to
Motion
Service
Mail

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.

Court-level rulesCRITICALOfficial source
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.

Court-level rulesCRITICALOfficial source
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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source

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.

Court-level rulesCRITICALOfficial source
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.

Judge Carol ChumneyCRITICAL
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.

Judge Carol ChumneyCRITICAL

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.

Judge Carol ChumneyCRITICAL
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.

Judge Yolanda Kight BrownCRITICAL
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.

Judge Yolanda Kight BrownCRITICAL
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.

Judge Yolanda Kight BrownCRITICAL
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.

Judge Yolanda Kight BrownCRITICAL

Service copies to all parties must meet the same deadlines.

Service copies to all parties must meet the same deadlines.

Judge Yolanda Kight BrownCRITICAL
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.

Court-level rulesWARNINGOfficial source
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.

Court-level rulesWARNINGOfficial source
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.

Court-level rulesWARNINGOfficial source
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.

Judge Carol ChumneyWARNING
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.

Court-level rulesINFOOfficial source
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.

Court-level rulesINFOOfficial source
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.

Court-level rulesINFOOfficial source
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.

Court-level rulesINFOOfficial source
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.

Court-level rulesINFOOfficial source
Common questions about Shelby County Circuit Court, Tennessee service and proof of service 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.

View ruleSource: page 6, section RULE SIX. DISPOSITIVE MOTIONS

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.

View ruleSource: page 5, section RULE FIVE. NON-DISPOSITIVE MOTIONS

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.

View ruleSource: page 8, section RULE TEN. ORDERS AND DECREES

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.

View ruleSource: page 11, section RULE FOURTEEN. DOMESTIC RELATIONS CASES (A)(6)

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.

View ruleSource: page 12, section RULE FOURTEEN. DOMESTIC RELATIONS CASES (C) Financial Statements in all domestic matters 1

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.

View ruleSource: page 12, section RULE FOURTEEN. DOMESTIC RELATIONS CASES (C) Financial Statements in all domestic matters 2