SEVENTH
JUDICIAL DISTRICT
ANDERSON COUNTY, TENNESSEE
LOCAL
RULES OF COURT
CIRCUIT, CHANCERY, PROBATE
AND CRIMINAL DIVISIONS
Effective June 23, 2006
Table of Contents
PART I:
IN GENERAL
Rule 101
Rules of Court: Applicability, Suspension & Definitions ..........................................9
101.01
Former Rules Abrogated .................................................................................9
101.02
Applicability ...................................................................................................9
101.03
Suspension of Rules .......................................................................................9
101.04
Definitions ......................................................................................................9
101.05
Citation ........................................................................................................10
101.06
Time ............................................................................................................10
Rule 102
Assignment and Disposition of Cases .................................................................10
102.01
Interchange of Judges ...................................................................................10
102.02
Transfer of Cases ..........................................................................................10
Rule 103
Court Sessions .................................................................................................10
103.01
Time ............................................................................................................10
103.02
Trial Calendar ...............................................................................................11
Rule 104
Appearance and Conduct of Counsel ..................................................................11
104.01 Counsel of Record: Entry of Appearance .........................................................11
and
Notice to Clerk
104.02
Withdrawal of Counsel ...................................................................................12
104.03
No Appearance Entered: Copies of Pleadings ..................................................12
104.04
Conduct of Counsel .......................................................................................12
104.05
Contacting Jurors ..........................................................................................13
104.06
Intra-Professional Conduct .............................................................................13
104.07
Contacting Judge ..........................................................................................14
104.08
Judges' Chambers ........................................................................................14
Rule 105
Court Files .......................................................................................................15
Rule 106
Filing and Service of Papers ..............................................................................15
106.01
Filing with the Clerk ......................................................................................15
106.02
Names and Addresses of Parties ...................................................................15
106.03
Certificate of Service .....................................................................................16
106.04
Fax Machine ................................................................................................16
106.05
Consolidated Cases ......................................................................................16
Rule 107
Trial Calendars ..................................................................................................16
Rule 108
Attorney Fees ...................................................................................................17
Rule 109
Attorneys' Signature ..........................................................................................17
Rule 110
Smoking ..........................................................................................................17
Rule 111
Photographs, Videos, Sound Recording and Broadcasting ...................................18
Rule 112
Fees ...............................................................................................................18
Rule 113
Funds Paid Into Court .......................................................................................18
Rule 114
Non Jury Docket - Mondays and Fridays Circuit and Criminal Courts .....................19
Rule 115
Jury Demand (See Rule #202 of Chancery Court) .................................................19
115.01
Jury Demand ................................................................................................19
115.02
Number of Jurors ...........................................................................................20
115.03
Challenges - Minority or Female Juror .............................................................20
Rule 116
Discovery .........................................................................................................21
116.01
Discovery Pleadings ......................................................................................21
116.02
Responses to Discovery ................................................................................21
116.03
Interrogatories ..............................................................................................21
116.04
Discovery Disputes and Controversies ............................................................22
116.05
Motions to Compel Discovery .........................................................................22
116.06
Inspections Made Pursuant to Court Order ......................................................23
116.07
Video Depositions - Use for Video Discovery ...................................................23
116.08
Discovery Completion - 30 Day Rule ...............................................................23
Rule 117
Motions in Civil Cases .......................................................................................24
117.01
Time for Filing Pretrial Motions .......................................................................24
117.02
Time for Filing Responses to Motions .............................................................24
117.03
Briefs on Motions and Responses ..................................................................24
117.04
Setting for Hearing and Notice ........................................................................24
117.05
Striking or Postponement of Motions ..............................................................25
117.06
Agreed Orders ..............................................................................................26
117.07 Waiver of Oral Argument ................................................................................26
117.08
Failure to Appear at the Motion Hearing: .........................................................26
Late
Appearance
117.09
Motion on Oral Testimony .............................................................................26
117.10
Special Setting of Motion ..............................................................................26
Rule 118
Setting Cases for Trial and Continuances ............................................................26
12:00 Noon Contingency
118.01
Method of Setting .........................................................................................26
118.02
Certifying Cases Ready When Set .................................................................27
118.03
Deadline for Trial Preparation .........................................................................27
118.04
Continuances ...............................................................................................27
118.05
12:00 Noon Contingency ...............................................................................28
118.06
Scheduling Cases for Trial .............................................................................29
118.07
Settlement of Cases .....................................................................................30
118.08
Priority Docket .............................................................................................31
Rule 119
Pretrial Procedure .............................................................................................31
119.01
List of Witnesses - Inspection of Exhibits .......................................................31
119.02
Pretrial Conference .......................................................................................32
119.03
Discovery Complete - Thirty Day Rule ............................................................32
119.04
Proposed Jury Instructions and Proposed Jury Verdict Form ............................32
119.05
Pre-Trial Scheduling Order ............................................................................33
Rule 120
Settlement Plan - Ten Days Before Trial .............................................................34
Rule 121
Exhibits ..........................................................................................................34
121.01
Depositions and Discovery Material ...............................................................34
121.02
Disposition of Exhibits .................................................................................35
Rule 122 Orders and Judgments .....................................................................................35
122.01
Orders - Title of Subject ...............................................................................35
122.02
Preparation and Submission .........................................................................35
122.03
Disagreements Over Contents of Orders and Judgments..................................36
122.04
Court Cost ..................................................................................................36
122.05
"Need Order Date" .......................................................................................37
Rule 123
Suggestions for Additur or Suggestion for Remittitur - Time Frame .......................37
Rule 124
Non-Minute Entry Orders ..................................................................................37
Rule 125
Payment and Satisfaction of Judgment ..............................................................37
125.01
Funds Held By The Clerk .............................................................................37
Rule 126
Judges' Signature - Jurors Names .....................................................................38
126.01
Judges' Name .............................................................................................38
126.02
Jurors Names Contained in Orders ...............................................................38
Rule 127
Subpoenas .....................................................................................................38
127.01
Subpoenas Issued by Clerk .........................................................................38
127.02
Time for Issuing Subpoenas .........................................................................39
127.03
Responsibility of Counsel ............................................................................39
Rule 128
Court Reporters in Civil Cases ..........................................................................39
Rule 129
Workers Compensation ...................................................................................39
129.01
Workers Compensation Benefit Review Conference.........................................39
129.02
Approval of Workers Compensation Settlements - Schedule............................39
Rule 130
Dormant Cases: Docket Calls ..........................................................................40
130.01
Dismissal of Dormant Cases ........................................................................40
130.02
Dismissal for Want of Prosecution ................................................................40
Rule 131
Docket Calls ...................................................................................................40
Rule 132
Agreed Alternate Dispute Resolution (Reserved)..................................................40
PART II:
CHANCERY/PROBATE
Rule 201
Probate Cases ................................................................................................41
201.01
Reports, Audits and Exceptions ...................................................................41
201.02
Fees ..........................................................................................................41
201.03
Funds Paid Into Court ..................................................................................41
201.04
“Deleted” ....................................................................................................
42
201.05
Pleadings and Orders ...................................................................................42
201.06
Clerk and Master Act ...................................................................................42
201.07
Review ........................................................................................................42
Rule 202
Jury Trials in Chancery .....................................................................................43
202.01
Jury Trials Demanded ..................................................................................43
202.02
Issues for the Jury .......................................................................................43
202.03
Jury Instructions ..........................................................................................43
Rule 203
Domestic Relations Cases ...............................................................................43
203.01
Financial Statements ...................................................................................43
203.02
Temporary Custody Proceedings ..................................................................44
203.03
Mediation ...................................................................................................45
203.04
Announced Settlements in Domestic Cases ..................................................45
203.05
Duration of Temporary Restraining Order in Domestic Cases ...........................45
SAMPLE
(Pleadings, Orders and Motions) ....................................................47
Comment
...................................................................................................48
PART 111
- CRIMINAL COURT
Rule 300
Discovery in Criminal Cases .............................................................................49
300.01
Discovery by the Defendant ..........................................................................49
300.02
Discovery by the State .................................................................................49
300.03
Notice of Intent to Use Audio/Video Recording Is Required ..............................49
Rule 301
Subpoenas .....................................................................................................49
301.01
Subpoenas Issued by Clerk .........................................................................49
301.02
Timing for Issuing Subpoenas ......................................................................50
301.03
Address of Witness ....................................................................................50
301.04
Prison Inmates Housed by the Department of Corrections ..............................50
301.05
Prison Inmates Housed in Local Jails ...........................................................51
Rule 302
Motions in Criminal Cases ...............................................................................51
302.01
Time for Filing Pre-Trial Motions ...................................................................51
302.02
Failure to Appear at a Motion Hearing ...........................................................51
302.03
Motions in Limine .......................................................................................52
302.04
Statement of Facts and Legal Authority ........................................................52
Rule 303
Setting Cases for Trial and Continuances: Criminal Cases ..................................52
303.01
Method of Setting .......................................................................................52
303.02
Continuances .............................................................................................52
303.03
Jury Instructions and Verdict Forms .............................................................53
Rule 304
Negotiations and Settlements in Criminal Cases ................................................53
304.01
Pre-Trial Order ............................................................................................53
304.02
Plea or Set Deadline ...................................................................................54
304.03
Notice to Victims ........................................................................................54
Rule 305
Orders and Judgments in Criminal Court ............................................................55
305.01
Preparation and Submission of Orders and Judgments by Counsel ..................55
305.02
Disagreements over Contents of Orders and Judgments ..................................56
PART I: IN GENERAL
EFFECTIVE
MARCH 1, 1995
RULE
101 - RULES OF COURT: APPLICABILITY
SUSPENSION & DEFINITIONS
101.01
Former Rules Abrogated
All
former rules of local practice except as readopted herein are abrogated.
101.02 Applicability
Each rule is applicable in each Division of the Seventh
Judicial District of Anderson County unless otherwise indicated by a
particular rule. Each rule in Part #100 is applicable in all cases in
all COURTS unless otherwise indicated by a particular rule. Each rule
in Part #200 is applicable to all cases in CHANCERY/PROBATE COURT unless
otherwise indicated by a particular rule. Each rule in Part #300 applies
to all cases in CRIMINAL COURT unless otherwise directed by a particular
rule. When a rule's applicability is designed to apply to a particular
type of case (e.g. Civil Cases, Criminal Cases, Chancery Cases, or Probate
Cases) it is applicable to all cases of that type regardless of which
division is hearing the case.
101.03 Suspension
of Rules
Whenever the COURT determines that justice requires
it, the Court may suspend any of these rules.
101.04 Definitions
The following definitions apply to terms used in these
rules:
CLERK: The CIRCUIT COURT CLERK, the CLERK and MASTER of the CHANCERY
COURT, and the CRIMINAL COURT CLERK, as applicable or their designees.
SECRETARY: The SECRETARY of the JUDGE where indicated.
101.05 Citation
These rules may be cited as "Local Rules of Practice.
Sec. ".
101.06 Time
Time shall be calculated by the Tennessee Rules of Civil
and Criminal Procedure.
RULE
102 - ASSIGNMENT AND DISPOSITION OF CASES
102.01 Interchange
of Judges
When necessary for the efficient administration of justice,
a JUDGE may hear and determine any matter by interchange for another
JUDGE without necessity of transferring the case from one COURT to another
or from one division to another.
102.02 Transfer of
Cases
The JUDGES may transfer cases among themselves by mutual
consent. It is not necessary that the parties or their counsel consent
to such transfer. A party requesting a transfer of a case from one division
to another division will obtain an Order from the COURT in which the
case is filed, transferring the case. Any litigation tax or filing fees
will be repaid and a re-execution of a performance bond may still be
required.
RULE
103 - COURT SESSIONS
103.01 Time
Each regular session of the CIRCUIT, CRIMINAL and CHANCERY
COURTS of Anderson County will convene each Monday through Friday at
9:00 A.M. and will recess from time to time as the COURT finds necessary.
103.02 Trial Calendar
Unless otherwise directed by the Court, the Criminal
docket will be set for the first and third full weeks of every month
and the Civil docket will be set the second and fourth full weeks of
every month.
Those days on the beginning of or ending of a month where a partial
week ends or begins will be committed to the Civil docket when appropriate.
RULE
104 - APPEARANCE AND CONDUCT OF COUNSEL
104.01 Counsel of
Record: Entry of Appearance and Notice to Clerk
All counsel who have entered an appearance in a case
will be counsel of record. Entry of an appearance shall be made in one
of the following ways:
(1) A written request by counsel to the CLERK that an
appearance be entered;
(2) The filing of a pleading; (CAVEAT - see paragraph 6)
(3) The filing of a formal notice of appearance;
(4) Appearance as counsel in open COURT; (CAVEAT - see
paragraph 6)
(5) Appearance at a docket call; (CAVEAT - see paragraph 6)
(6) Unless the CLERK is notified in writing of the appearance of an
attorney in Civil cases with address and phone number; the setting and
dismissal of cases
will be accomplished without "notice" to the attorney.
CAVEAT
- This rule requires the attorney to formally notify the clerk in writing
of the appearance in behalf
of a client. Physical appearance of the attorney or client, nor the
mere announcement, nor the filing
of papers or documents will be deemed sufficient to receive notice.
There must be the "Notice of Appearance"
in the COURT file.
104.02 Withdrawal
of counsel
No attorney may be allowed to withdraw except for good
cause and by leave of COURT upon motion after notice to the parties.
104.03 No Appearance
Entered: Copies of Pleadings
If a party does not have counsel of record, copies of
the pleadings filed shall be furnished to the party. If a party does
not have counsel of record, that fact shall be called to the attention
of the COURT before any action is taken on any pleading filed which
substantially affects the case.
104.04 Conduct of
Counsel
(a) During trial, counsel shall not exhibit familiarity
with witnesses, jurors, or opposing counsel and the use of first names
for adults shall be avoided. During opening statement or argument, no
juror shall be addressed individually by name.
(b) Bench conferences should be requested only when absolutely necessary
in aid of a fair trial.
(c) Counsel should refrain from interrupting the COURT or opposing counsel
until the statement being made is fully completed, and should respectfully
await the completion of the COURT'S statement or OPINION before undertaking
to point out objectionable matters. When objection is made to a question
asked, counsel should refrain from asking the witness another question
until the COURT has had an opportunity to rule upon the objection. Objecting
counsel shall state the legal grounds without argument or discussion
except by leave of COURT.
(d) Unless permission is granted by the COURT, attorneys shall stand
while examining witnesses or addressing the jury or the COURT.
104.5 Contacting
Jurors
(a) Before Trial: All attorneys will fully comply with
Rule 8, DR 7-108 of the Rules of the Tennessee Supreme Court.
(b) After Trial as it Relates to Trial Jurors: After a case is heard
and decided by a jury, no attorney or party will discuss the case with
a member of the jury panel hearing that case unless the attorney or
party reminds the juror that the juror is not required to discuss the
case with the person or attorney. Nothing shall prevent a juror from
contacting an attorney or party and discussing the case with the person
contacted. However, Rule 606(b) of the Tennessee Rules of Evidence should
be consulted by the attorney concerning any issue pertaining to the
validity of the jury verdict.
104.6 Intra-Professional
Conduct
(a) During presentation of matters in open COURT counsel
shall refrain from addressing opposing counsel, but direct all comments
and questions to the COURT.
(b) Standards of Intra-Professional Conduct:
1. A lawyer should avoid taking action adverse to the interests of a
litigant known to be represented without notice to adversary counsel
sufficient to permit response.
2. A lawyer should promptly respond to attempts by other lawyers to
contact them, whether by telephone or correspondence.
3. A lawyer should respect opponent's schedule by seeking agreement
on deposition dates and COURT appearances (other than routine motions)
rather than merely serving notice.
4. A lawyer should avoid making besmirching accusations of unethical
conduct toward an opponent.
5. A lawyer should not engage in intentionally discourteous behavior
for the purpose of obtaining
an advantage.
6. A lawyer should never intentionally embarrass another attorney and
should avoid personal criticism of opponent in the presence of a client
or other counsel.
7. A lawyer should not seek sanctions against or disqualification of
another attorney unless necessary for the protection of a client and
fully justified by the circumstances, and never for the mere purpose
of obtaining a tactical advantage.
8. A lawyer should strive to maintain a courteous tone in correspondence,
pleadings, and other written communications.
9. A lawyer should never intentionally mislead or deceive an adversary
and should honor promises or commitments made.
10. A lawyer should acknowledge that the conflicts within which they
are involved is professional and not personal and should endeavor to
maintain a friendly and collegial relationship with his or her adversaries.
In short, a lawyer should "leave the argument at the courtroom
door."
104.07 Contacting
Judge
Neither counsel nor a party to a pending action shall
contact the JUDGE before whom a Civil matter is pending about the merits
of the pending matter unless there is an emergency, except by letter
or orally with other counsel of record present. A copy of all such letters
shall be sent to all counsel of record.
104.08 Judges' Chambers
The JUDGES' CHAMBERS and staff offices will be respected
by the attorneys and their clients so that an orderly discharge of business
can be conducted by the JUDGE and his staff.
RULE
105 - COURT FILES
All papers and
records of the COURT shall be in the custody of the CLERK. Files may
be withdrawn only by counsel of record at any time with permission of
the CLERK or JUDGE. Depositions and records of administrative tribunals
may be withdrawn with permission of the CLERK. Copies of the content
of files shall be furnished by the CLERK at a reasonable cost.
(The CLERK may establish such procedures as necessary to observe this
rule and for the purpose of preserving the record with appropriate court
order.)
RULE
106 - FILING AND SERVICE OF PAPERS
106.01 Filing with
the Clerk
All papers, including pleadings, motions, briefs, and
proposed judgments and orders shall be filed or noted by the CLERK with
appropriate notation. All judgments and orders, after signed by the
JUDGE, shall be filed and entered on the minutes in due course after
filed with the CLERK. Papers should not be mailed to or left with the
JUDGE, except under unusual circumstances and when the CLERK of the
COURT is unavailable. All subsequent pleadings prepared by attorneys
shall indicate on the face thereof the number of such case as it appears
on the Rule Docket. The title of the pleading and the party or parties
seeking a relief or claim in the pleading should be prominently noted
in the "Caption." (See Rules 109, 115 and Sample)
106.02 Names and
Addresses of Parties
The names and addresses of all plaintiffs and defendants
involved in the litigation will be included in the style of the case;
or if due to the number of litigants, the name and address may be included
in the body of the complaint. (See Sample)
106.03 Certificate
of Service
All papers, except those signed by all parties or their
counsel, must contain a certificate of service which must contain the
date of service and the name of the person or persons served and other
information required by the local rules. The attorney or person filing
papers will furnish to the CLERK a specific location where parties can
be found. The CLERK may refuse to file papers without a certificate
which complies with these rules and all applicable rules of Civil and
Criminal or Appellate procedure.
106.04 Fax Machine
The facsimile filing of papers shall be consistent with
and in compliance with Rule 5A of the Tennessee Rules of Civil Procedure,
the same being incorporated herein by reference as if copied herein
verbatim.
106.05 Consolidated
Cases
When Civil cases are consolidated for trial an Order
of Consolidation should be submitted to the COURT for approval and filed
with the CLERK. The CLERK will consolidate these files into the lowest
docket number and all future pleadings should reflect this lower number.
RULE
107 - TRIAL CALENDARS
Daily trial calendars
will be prepared by the CLERK or the SECRETARY. When possible, a copy
of the daily calendar will be posted outside the courtroom of each COURT.
It is suggested that all attorneys consult TCA 20-9-101 thru TCA 20-9-510
for legal authority for trial procedure.
RULE
108 - ATTORNEY FEES
Whenever it is
necessary for the COURT to fix fees of attorneys, the attorney shall
file a sworn affidavit with a schedule of time and activities spent
on the case, a statement of his fee arrangement with his client, if
any, and a suggestion of the amount of a proper fee or any other information
requested by the COURT.
RULE
109 - ATTORNEY'S SIGNATURE
Pursuant to Rule
11 of the Tennessee Rules of Civil Procedure and this Local Rule, all
pleadings, orders, briefs and other papers submitted for consideration
shall be personally or facsimile signed by the attorney and his or her
individual name, style of the case, telephone number, (Board of Professional
Responsibility Number) and address contained thereon and plaintiff's
and defendant's address. (See Rule 115.01 and Sample)
RULE
110 - SMOKING
There will be no smoking
in the Courtroom nor is smoking allowed in the Courthouse. If during
a recess of court proceedings an attorney plans to leave the Courthouse
to smoke, it must be with approval of the COURT so the hearings will
not be delayed.
RULE 111 - PHOTOGRAPHS, VIDEOS, SOUND RECORDING
AND BROADCASTING
Supreme Court Rule
26 and Rule 10, Cannon 3, of Rules of the Tennessee Supreme Court: No
Court proceeding shall be photographed, video taped, sound recorded,
or broadcast without advance Court permission and consent of the parties
and then only in accordance with such limitations as the Court may set
to promote the administration of justice, and then only when in full
compliance with appropriate Rules of the Tennessee Supreme Court.
RULE
112 - FEES
If approval in
writing of all interested parties is not obtained, all requests for
fees shall be approved by the Court by Order upon written application,
supporting affidavits and notice. All applications for fees shall be
supported by affidavits including the amount of time expended, the nature
of the effort undertaken, and such other pertinent information as may
be called for. Applications shall include a certificate of service on
all interested parties.
RULE
113 - FUNDS PAID INTO COURT
Except
as provided in Rule 68 of the Tennessee Rules of Civil Procedure, Eminent
Domain cases or other rule of law, no litigant funds shall be paid into
court without the COURT'S order. Funds paid into court are not invested
for the benefit of the litigants unless the COURT so directs. Upon COURT
order, the CIRCUIT COURT CLERK or the CLERK and MASTER shall invest
the litigants' funds into a qualified financial institution to receive
the highest and best interest available, considering the circumstances
involved. In the event the funds are to be invested at a particular
institution, or to be invested in a particular type of account, the
order of the COURT shall specify. The Taxpayer Identification Number
or Social Security Number of all potential recipients of the funds shall
be included in the order submitted to the COURT. It is the duty of the
attorney or litigant seeking investment of the funds to specifically
call to the attention of the CIRCUIT COURT CLERK or the CLERK and MASTER
that the funds are to be invested.
RULE
114 - NON JURY DOCKET
MONDAYS AND FRIDAYS
CIRCUIT AND CRIMINAL COURTS
The COURT will
first inquire as to announcements on non-contested matters. After announcements,
motions will be considered before contested cases. Contested non-jury
cases will normally be tried in the order of the time committed to dispose
of the case. Cases having a greater duration for COURT time will be
those last to be heard unless otherwise directed by the COURT.
Attorneys having business in other COURTS must give notice to the COURT
SECRETARY and/or the CLERK or sanctions will be imposed.
RULE
115 - JURY DEMAND
(SEE RULE #202 OF CHANCERY COURT)
115.01 Jury Demand
In any civil case in which a jury is demanded, the words
"JURY DEMAND" shall be typewritten in capital letters on the
first page of the pleading opposite the style of the case below the
space reserved for the case number. Failure to note as described may
result in the Jury Demand being dishonored. (See Rule 109, 106.01 and
Sample)
115.02 Number of
Jurors
In all Civil cases, the parties may stipulate that the
jury will consist of any number of persons less than twelve. Unless
otherwise expressly demanded, the CLERK will provide a six person jury.
The demand should be: "12 Person Jury Requested" and this
should be prominently displayed beneath the place reserved for a designated
case number. (See Sample)
115.03 Challenges
- Minority or Female Juror
(a) The six person jury rule will not affect the number
of challenges nor the manner of making them. Back-striking is allowed.
Attorneys will submit legible challenges to the COURT.
(b) To insure due process of law to all jurors, the COURT will expect
from the attorney exercising the peremptory challenge a specific reason
for excusing members of racial minorities and female jurors. The reason
will be stated in the challenge on the record, out of hearing of the
jury, and preferably at a bench conference and the minority class or
gender will be referred to on the record.
This will be accomplished before the juror (subject to the peremptory
challenge) leaves the courtroom.
In the event the COURT finds the excuse is racially or gender motivated
or there is no just reason for the excusing of the juror other than
race or gender, the juror will be allowed to remain as a qualified juror.
RULE 116 - DISCOVERY
116.01 Discovery
Pleadings
Pursuant to the provisions of Rule 5.05 of the Tennessee
Rules of Civil Procedure, depositions, interrogatories, and requests
for documents shall not be filed with the CLERK'S office except by ORDER
of the COURT. However, relevant portions of discovery documents may
be filed in support of contested motions.
116.02 Responses
to Discovery
Pursuant to the previous rule (116.01), responses to
discovery and objections shall not be filed with the CLERK'S office
except by ORDER of the COURT or for use in the proceedings.
(Comment: The purpose of Rules 116.01 and 116.02 is to reduce redundant
paper in the COURT'S file and to reduce storage costs. Rule 5.05 of
the Tennessee Rules of Civil Procedure permits the COURT to adopt this
rule as a Local COURT Rule, which shall constitute an "ORDER"
on the COURT'S initiative. Requests for admissions are deleted from
the suggested rules because of the importance of such requests, and
the failure to answer same, as being a part of the trial evidence.)
116.03 Interrogatories
No set of interrogatories shall exceed thirty questions
per party without prior leave of the COURT. Any interrogatory that contains
subparts shall be counted as one interrogatory as long as each subpart
is closely related to the original question.
Should it appear to the COURT that a party has used subparts as a means
to circumvent the limitation on the number, the party, along with the
filing attorney, may be subjected to sanctions. Answers to interrogatories
must be supplemented as may be required by the Tennessee Rules of Civil
Procedure.
(Comment: This proposed rule reads the same as the appropriate discovery
rule in the Eastern Division of the United States District Court. This
rule is obviously designed to place reasonable limits upon discovery
interrogatories that are propounded so as to prevent undue harassment
and accumulation of paper which may have to ultimately be filed with
the COURT. In the complicated cases, the rule allows the COURT, upon
application by the requesting party, to propound additional interrogatories.)
116.04 Discovery
Disputes and Controversies
All motions concerning discovery or requests for admissions
pursuant to Rules 26 through 27 of the Tennessee Rules of Civil Procedure
shall be accomplished by a certificate of counsel affirming that, after
consultation between the parties to the controversy, they are unable
to reach an accord. The certificate must contain the names of counsel
participating and the manner of consultation. The burden will be on
counsel filing the motion to initiate a conference attempting to resolve
discovery disputes. Failure to file an accompanying certificate of consultation
may be deemed good grounds for denying any motion concerning discovery
or requests for admissions. If relief is sought under Rule 26.03 or
Rule 37 of the Tennessee Rules of Civil Procedure concerning any requests
for discovery, copies of the portions of the interrogatories, requests,
answers, or responses in dispute shall be filed with the motions. The
filing or serving of unnecessary discovery motions, applications, requests,
or objections will subject the offender to appropriate remedies, including
the imposition of costs and counsel fees.
(Comment: This rule is obviously designed to limit discovery disputes
and the COURT'S involvement in same.
116.05 Motions to
Compel Discovery
All motions to compel discovery will be accompanied
by a proposed order which will be entered ten days after filing unless
the adverse party requests a hearing. Frivolous demands for hearings
will be discouraged.
(Comment: This rule is similar to the rule in Knox County Circuit Court
concerning motions to compel discovery. It seems to be an additional
method by which discovery disputes can be resolved without the direct
involvement of the COURT.)
116.06 Inspections
Made Pursuant to Court Order
When any party to any action before the COURT is permitted,
pursuant to an ORDER of the COURT, to inspect the records of any person
not a party to the action, the party inspecting such records shall,
within a reasonable time period, provide all other parties to the action
with an opportunity to copy any document obtained or copied as a result
of such inspection.
(Comment: This rule is taken almost verbatim from the Local Rules of
the United States District Court for the Eastern District.
116.07 Video Depositions
- Use for Video Discovery
Video depositions shall be taken and/or used only in
strict compliance with the Tennessee Rules of Civil Procedure. Any party
offering a video deposition into evidence shall make adequate preparations
for stopping the recording at the appropriate time, if objections are
made, and for eliminating portions of the deposition which the COURT
finds to be inadmissible. The party shall also take adequate steps to
insure that the deposition is presented in such a fashion as to preclude
unnecessary description at trial. Video discovery may be denied if application
be timely and meritoriously presented for COURT protection.
116.08
Discovery Completion - 30 Day Rule
IN ALL JURY TRIALS, discovery should be completed so
that cases will be heard without continuing the case.
In no event will a case be continued because discovery is not complete
unless within 30 working days before trial a motion for a continuance
is filed and scheduled to be heard setting forth the reason or reasons
why discovery is not complete. If the motion for continuance is not
heard expeditiously so that justice and the Court docket are served,
then in that event, the COURT may deny the continuance or impose appropriate
sanctions.
(Comment: Attorneys are reminded 130.01 provides that after two (2)
years dormant cases are stricken from the docket. One of the purposes
of this rule is to provide the maximum use of both Chancery and Circuit
Court dockets by providing sufficient lead-time to reset the docket
for jury and nonjury or domestic cases.
RULE
117 - MOTIONS IN CIVIL CASES
117.01 Time for Filing
Pretrial Motions
All motions will contain in the caption the subject
matter of the motion and the party addressed.
Pretrial motions, which can be dispositive on one or more issues in
a case on the merits, must be filed or disposed of 10 days prior to
trial. This rule still allows for motions in limine, etc.
117.02 Time for Filing
Responses to Motions
Responses to motion, including counter-affidavits, depositions,
briefs or any other matters being presented in oppositions to motions
must be filed and served no later than 48 hours prior to the hearing
on the motion.
117.03 Briefs on
Motions and Responses
Every motion which may require the resolution of an
issue of law and every motion in which legal authority is relied upon
may be accompanied by a memorandum of law and facts in support thereof.
The JUDGE may order briefs on his own motion at any stage. Reply briefs
must be filed and served no later than 24 hours in advance of the hearing
on the motion so that judges and chancellors may review all pleadings
before oral argument.
117.04 Setting for
Hearing and Notice
(a) Time for Hearings
Motions will be heard in Circuit Court and Chancery Court at 9:00 A.M.
on Mondays and Fridays.
(b) Docketing Motions for Hearing
All motions filed before the closing business day on Friday cannot be
set before the following Monday week
unless otherwise directed by the COURT.
(c) Notice to Opposing Counsel/Clerk
The motion must contain a "Notice of Hearing" having been
given or served on the opponent of the motion within the times contained
in 117.04(b), otherwise,the CLERK will not set the motion on the docket
for hearing.
(d) Not Called - Abandoned
It shall be the responsibility of the moving party to call all pretrial
motions for hearing as far in advance of the trial date as is reasonably
possible. All such motions not called for hearing prior to trial date
will be deemed to have been abandoned unless otherwise ordered by the
COURT for good cause shown.
117.05 Striking or
Postponement of Motions
After a motion has been docketed, no party may strike
or postpone a motion without the agreement of all parties. In the absence
of an agreement, the COURT may order postponement of a motion hearing
upon motion. If a motion is to be stricken or postponed by agreement,
counsel shall notify the CLERK or SECRETARY as soon as practicable.
If any party strikes or postpones a motion without agreement of all
parties of record or without leave of COURT, the COURT may tax as costs
reasonable
fees and expenses to any party who appeared at the scheduled hearing.
117.06 Agreed Orders
If an agreed order is to be submitted disposing of a
motion, counsel shall advise the CLERK or SECRETARY of the COURT prior
to the hearing or may so announce at the hearing.
117.07 Wavier of
Oral Argument
Oral argument may be waived by agreement of the parties.
If oral argument is waived, counsel shall advise the CLERK or SECRETARY
prior to the hearing or may so announce at the hearing.
117.08 Failure to
Appear at the Motion Hearing: Late Appearance
If any party does not appear at a scheduled hearing
on a motion or any other matter scheduled to be heard on the motion
docket, the COURT may strike or adjudicate the motion. Counsel who will
be late for a motion hearing shall notify the CLERK or SECRETARY in
advance of the hearing or have an announcement to the effect made at
the call of the motion docket.
117.09 Motion on
Oral Testimony
Hearing on motions where testimony will be offered shall
be scheduled as provided in Rule 117.01 of these rules.
117.10 Special Setting
of Motion
Where special circumstances warrant, motions may be
specially set at times other than on the motion docket by approval of
the COURT or SECRETARY.
RULE
118 - SETTING CASES FOR TRIAL AND CONTINUANCES
12:00 NOON CONTINGENCY
118.01 Method of
Setting
Cases shall be set for trial in one of the following
ways:
(a) By agreement of counsel after consultation with the
COURT'S SECRETARY and/or CLERK in CIRCUIT and CRIMINAL
cases, or the CLERK and MASTER'S office and/or
SECRETARY in CHANCERY and PROBATE cases.
(b) By motion.
(c) By docket sounding in Circuit cases; and
(d) By the COURT with notice to counsel.
118.02 Certifying
Cases Ready When Set
When a case is set by docket sounding or agreement or
when a case is set by motion, without objection to having it set, all
counsel are certifying that the case will be in all respects ready for
trial on the trial date.
118.03 Deadline for
Trial Preparation
When a party objects to having a case set because trial
preparation is not complete, the COURT may establish a deadline for
completing trial preparation. (See Rule 116.08)
118.04 Continuances
(a) Jury and nonjury cases may not be continued by agreement
and may be continued only by leave of COURT. Cases will not be continued
except for good cause which shall be brought to the attention of the
COURT as soon as practicable before the date of the trial.
(Comment: Secretaries of the various attorneys have been calling to
continue the nonjury cases. This practice should be discontinued with
the attorneys personally requesting continuances even on nonjury matters.
(b)
Failure of a material witness to appear at the trial shall not be grounds
for a continuance unless a subpoena was issued not less than 10 days
before the trial date for witnesses residing in the county and for witnesses
residing outside the county, and then only upon a proper showing by
affidavit that the witness is in fact a material witness.
(c) When a case is set by agreement or set upon motion without objection
to have it set, failure to have completed discovery, unavailability
of counsel on the trial date, inability to take a deposition, or failure
to have completed any other trial preparation will not be grounds for
a continuance. (See Local 30-Day Rule 116.08)
(d) In cases continued, the COURT may award expenses and attorney's
fees, including compensation to witnesses for lost income and/or travel
expenses.
(e) All continuances granted shall be reflected by proper ORDER of the
COURT setting forth which party continued the case, the reason for the
continuance and providing a new trial date agreeable to all counsel
and the new trial date reflected in the continuance order. Also, the
order shall reflect the fact that the COURT has given approval for the
continuance. The new trial date to which the case is continued may not
be given a priority setting, even though the continued case has a lower
case number, unless priority is given by the COURT and so reflected
in the continuance order.
118.05 12:00 Noon
Contingency
(a) If a primary jury case is still scheduled for trial
at 12:00 Noon on the last work day preceding the trial
date, any cases set for alternates on the same date shall be continued.
If a primary case is removed from
the docket for any reason prior to 12:00 Noon on the last working day
preceding the trial date, the alternate case shall be for trial; therefore,
all alternate cases are expected to be ready for trial. Any alternate
case not reached because another case was tried on the date originally
set may be immediately set for trial at the first available date agreed
upon by all parties and after consultation with the CLERK and/or SECRETARY
and an order shall be prepared by plaintiff's attorney reflecting the
new date.
(b) The CLERK and/or SECRETARY will notify attorneys or parties as soon
as possible when alternate cases are for trial; however, primary responsibility
rests with the attorneys or parties to be aware of the status of their
cases.
118.06 Scheduling
Cases for Trial
(a) In the absence of COURT approval and Rule 118.04(e)
the lower case number has priority.
(b) The CIRCUIT COURT JUDGE will hold regular docket sounding on the
first Monday in February, June,
and October for the purpose of setting the docket and scheduling cases.
The COURT will also schedule
such alternate cases as efficiency requires. Since the docket sounding
is established by these rules,
lack of notice of docket sounding will not be an accepted excuse for
failure to attend.
(c) All attorneys or parties with cases pending, which have not been
set for trial, will be expected to attend
docket sounding in person or by representative, provided, however, that
all representatives shall be
members of the bar except as may otherwise be permitted by rule of the
TENNESSEE SUPREME COURT. Absence from docket sounding may result in
the COURT scheduling cases for trial on any available date and conflicts
in scheduling will not be an acceptable ground for granting a continuance
except under extraordinary circumstances.
(d) Nonjury matters may be scheduled by the attorneys contacting the
CLERK and/or the SECRETARY of the respective COURTS by and upon proper
notice to counsel or parties. When nonjury matters are scheduled for
trial, counsel will furnish the CLERK and/or SECRETARY with a realistic
estimate of the time required for trial. Such nonjury matters must be
set for trial not less than 10 days before the trial or hearing. Cases
requiring at least one full day for trial should be called to the COURT'S
attention for special settings.
(e) Nonjury cases will be called for trial and tried in the order in
which they are set for trial. (See Rule #114) All parties and their
attorneys are expected to be in attendance when their cases are called.
(f) Nonjury appeal cases will be set for trial at the earliest nonjury
trial date. Appeal cases requesting a jury will be set promptly by the
CLERK and/or COURT SECRETARY.
118.07 Settlement
of Cases
(a) Compromise and settlement of cases are encouraged. Attorneys shall
immediately notify the CLERK'S office and JUDGE'S office of settlements.
All orders submitted to the COURT which reflect settlement or dismissal
of an action which is currently set for trial shall in bold type set
forth the trial date of such settled case.
(b) Settlement of jury cases not communicated to the CLERK'S office
immediately prior to 12:00 Noon of the prior business day of the trial
date shall make the parties equally responsible for all costs associated
with the jury and of jurors. Court cost must be assessed before orders
are entered with addresses for
party or parties responsible for cost.
118.08
Priority Docket
There
shall be maintained by the JUDGE'S and CHANCELLOR'S SECRETARY a docket
for cases to be expedited or advanced by agreement of counsel for trial.
Attorneys desiring placement of a case on this docket shall contact
the JUDGE'S SECRETARY. Requirements for this docket shall be as follows:
(a) A written request signed by all attorneys of record stating their
willingness to expedite their case for
trial will be considered by the COURT and will be set for trial if docket
time is available.
(b) Habeas Corpus cases and Worker's Compensation cases will be given
priority over other nonjury cases set for trial. Criminal cases will
be given priority over Civil cases. Jury cases which have been in the
process of trial and take longer than originally committed to the COURT
docket will, in the absence of COURT order, be tried to conclusion.
RULE
119 - PRETRIAL PROCEDURE
119.01 List of Witnesses
- Inspection of Exhibits
In all Civil actions set for trial on the merits, at
least 10 days prior thereto:
(a) The names, phone numbers, if known, and addresses of witnesses shall
be furnished opposing counsel and filed with the clerk. Any other witnesses
will not be allowed to testify unless good cause is shown for failure
to timely disclose and further showing opposing counsel was promptly
furnished the name, address and telephone number of the witness to be
called.
(b) Copies of all trial exhibits which are proposed to be offered shall
be available for inspection at reasonable times.
119.02 Pretrial Conference
A pretrial conference may be scheduled by the Trial
COURT in complicated litigation, such as:
(1) Products Liability
(2) Medical Malpractice
(3) Construction/Contract
(4) Other Complex Litigation
119.03 Discovery
Complete - Thirty Day Rule
Thirty days before trial all discovery will be complete.
No case will be continued if discovery has not been completed unless
first complying with Local Rule 116.08.
(Comment: This Rule is to avoid the natural inclination of lawyers in
not giving priority to cases sufficiently in advance of trial. The Civil
docket in Anderson County provides at least 8 months to a year's time
for trial preparation and a 30-day before trial rule to complete discovery
in the local rules may avoid what is now the most common reason given
for request for continuances. Legal secretaries and paralegals could
greatly facilitate this rule at the time of filing lawsuits to mark
the calendars for the accomplishment of full discovery.)
119.04 Proposed Jury
Instructions and Proposed Jury Verdict Form
No later than
noon five (5) days prior to trial the attorneys for both the Plaintiff
and Defendant shall jointly submit proposed jury instructions as well
as a jointly proposed jury verdict form. Any jury instructions that
the parties cannot agree upon shall be filed separately by the party
that desires to have that jury instruction(s) specifically charged at
the same time as the jointly submitted jury instructions. Likewise the
jury verdict form shall have any specific separate forms filed on which
the parties cannot agree, by the party who wants the Court to use said
form or forms, and these likewise shall be filed at the same time as
the jointly proposed jury verdict form.
(It is the intention of the Court, under this rule, that the parties
jointly communicate and jointly prepare both the proposed jury instructions
and jury verdict form, and that they jointly file the same. It is further
the intention of the Court, under this rule, that only those jury instructions
and/or jury verdict form that cannot be agreed upon be filed separately.)
119.05 Pre-Trial
Scheduling Order
Within five (5) days of the setting of all civil cases
for trial, whether they are bench trials or jury trials, and whether
they are set at “docket sounding” or by agreement of all
counsel and the COURT, a “Scheduling Order”, prepared and
signed by counsel for the parties to the case, shall be submitted to
the COURT for entry on the record addressing the following:
(1) The “ten (10) day rule” as it pertains to witnesses
as set out in Local Rule 119.01(a).
(2) The “ten (10) day” rule as it pertains to exhibits and
as set out in Local Rule 119.01(b).
(3) The setting of the Pre-Trial Conference for those specific cases
involving Products Liability, Medical Malpractice, Construction/Contract,
or other Complex Litigation as set out in Rule 119.02.
(4) The “thirty (30) day” rule for discovery as set out
in Rule 119.03.
(5) The filing of Proposed Jury Instructions and Jury Verdict Form in
all jury trial cases as set out in Local Rule 119.04 and Local Rule
202.02 and Local Rule 202.03.
(6) For jury trials in Chancery Court also file, pursuant to Local Rule
202.02 the “issues for the jury.”
(7) For jury trials in Chancery Court also file, pursuant to Local Rule
202.03 the jury instructions.
(8) The parties and their counsel shall meet the morning of the trial
well in advance of the scheduled trial time, to pre-mark all exhibits
prior to trial.
(9) All preliminary motions and all motions in limine shall be filed
no later than thirty (30) days prior to trial and shall be heard no
later than ten (10) days prior to trial.
(10) All depositions for proof by the parties shall be concluded no
later than twenty (20) days prior to trial.
(11) Any stipulation of the parties shall be reduced to writing and
signed by counsel for each party and filed with the clerk at least two
(2) days prior to trial.
RULE
120 - SETTLEMENT PLAN - TEN DAYS BEFORE TRIAL
Ten days prior
to trial the attorneys must discuss a settlement plan. Failure to contact
respective counsel to discuss settlement may result in sanctions. All
counsel of record have the burden of contacting other counsel under
this rule.
RULE
121 - EXHIBITS
121.01 Depositions
and Discovery Material
(a) Contents of depositions and discovery material submitted
to and admitted by the COURT as evidence
shall be made trial exhibits but not submitted to the jury except when
read in open COURT.
(b) No proposed exhibits will be shown to the jury until duly admitted
into evidence and appropriately marked.
(c) All trial exhibits shall be accounted for and placed in the custody
of the CLERK, unless otherwise directed by the COURT. Large cumbersome
exhibits will be withdrawn by counsel with the record preserving this
fact and the COURT may allow, at the parties expense, substitution and
duplicates of the original documents and photographs of large, intrinsically
valuable, or sentimental exhibits.
121.02 Disposition
of Exhibits
After final determination of any case, the parties shall
have 30 days to withdraw exhibits pursuant to law. The CLERK may destroy
or dispose of exhibits not so withdrawn.
RULE
122 - ORDERS AND JUDGMENTS
122.01 Orders - Title
of Subject
All orders of continuance should contain in the caption
the old trial date and the new trial date and all other orders submitted
should contain in the Caption of the Order the subject matter of the
Order. For instance, "Order to Compel Discovery," etc. (See
Sample) Also, remember to address in the caption the specific subject
and the specific person the Order addresses.
122.02 Preparation
and Submission
Unless the COURT directs otherwise, attorneys for prevailing
parties will prepare orders for entry by the COURT. All orders of the
COURT must be filed with the CLERK and served on opposing counsel within
10 days following the day on which the ruling is made by the COURT.
122.03 Disagreements
Over Contents of Orders and Judgments
Orders containing only the signature of the attorney
preparing the order and certification that the attorney has sent a copy
of the order to opposing counsel will not be entered immediately but
will be held by the CLERK for 10 days. The CLERK will time stamp the
receipt of the order. The 10 day period will not begin to run under
this rule unless a certificate of service on the proposed order is present
showing the order has been served on opposing counsel or party when
appearing pro se. When opposing counsel has objections to the order,
he shall notify the CLERK immediately. If no objections have been made
within the 10 day period, the order will be submitted for the signature
of the JUDGE. Where there is a disagreement as to the contents of the
order, the attorney will set a hearing to resolve the controversy and
provide a record of the JUDGE'S ruling when available and present a
proposed order at the hearing. Sanctions may be imposed in proper cases.
Orders filed pursuant to this rule shall state in the caption that the
Order is disputed.
122.04 Court Cost
(a) All Final Judgments shall provide for taxing of
Court Cost. The CLERK may refuse to enter any Agreed Final Judgment,
Compromise and Settlement Order until there are provisions for Court
Cost to be paid. The name and address of the person to whom court costs
is assessed shall appear on the Final Judgment.
(b) Whenever it appears to the CLERK that a judgment has been satisfied
but that the Court Cost have not been paid, the CLERK may apply to the
COURT for re-taxing of Court Cost. The CLERK shall notify the parties
of the application and the date and time it will be considered by the
COURT.
(c) (deleted in its entirety)
122.05 "Need
Order Date"
There shall be announced each docket sounding a "Need
Order Date" which shall be a date that final orders must be filed
in the CLERK'S office or the case will be dismissed with the court cost
taxed to the plaintiff.
RULE
123 - SUGGESTIONS FOR ADDITUR OR SUGGESTION
FOR REMITTITUR - TIME FRAME
The suggestion
for Additur under the provisions of T.C.A. 20-10-101 in lieu of a new
trial or suggestion of a Remittitur shall be exercised within 30 days
from the hearing, or ruling, in which the Court granted the relief.
Failure of the party to exercise one of the alternatives will be considered
as an acceptance of the Remittitur or Additur.
RULE
124 - NON-MINUTE ENTRY ORDERS
Orders
not affecting the legal course of an action, such as orders setting
the case for trial, or acting on a request for a continuance, may be
designated by the CLERK as non-minute entry orders. Such designated
orders shall be placed in the file of the case but not spread on the
minutes of the COURT.
RULE
125 - PAYMENT AND SATISFACTION OF JUDGMENTS
125.01 - Funds Held
by the CLERK
(a) Funds paid to the CLERK by check will not be disbursed
until 10 working days after the CLERK receives the check.
(b)
Orders for disbursing funds, other than agreed orders, must be final
before the CLERK will disburse the funds.
(c) Those funds to be held in trust will be disbursed only upon proper
orders of the COURT and with identification sufficiently made known
to the CLERK of the party receiving the funds of the trust account.
(d) Tax information required and social security number shall be made
available to the CLERK on orders disbursing funds.
RULE
126 - JUDGES' SIGNATURE - JURORS NAMES
126.01 - Judges'
Name on Orders
All Judgments and Orders will have the JUDGE'S name
BOLDLY typed below the signature line.
126.02 - Jurors Names
Contained in Orders
The attorney preparing orders reflecting the verdict
in jury trials shall be responsible for placing the names of the jurors
on the face of the judgment. Any judgment that fails to contain the
names will be entered without the names recited in the judgment and
placed in the minutes of the Court.
RULE
127 - SUBPOENAS
127.01 Subpoenas
Issued by Clerk
All subpoenas for witnesses shall be issued by the CLERK
in accordance with Rule 45 of the Tennessee Rules of Civil Procedure
and T.C.A. 23-2-105.
127.02 Time for Issuing
Subpoenas
Unless names of witnesses are exchanged incidental to
discovery process or pursuant to these rules, subpoenas for all witnesses
must be issued no later than 10 days before the date of trial.
127.03 Responsibility
of Counsel
Counsel of record shall be responsible for issuance
of subpoenas in accordance with this rule and the applicable rules of
Tennessee Rules of Civil and Criminal Procedure as well as T.C.A. 23-2-105
or other applicable statutes.
RULE
128 - COURT REPORTERS IN CIVIL CASES
It
is the responsibility of litigants and/or counsel to arrange for court
reporters in civil cases.
RULE
129 - WORKERS COMPENSATION
129.01 Workers Compensation
Benefit Review Conference
In all Workers Compensation cases involving injuries
received on or after August 1, 1992, the case may be referred for mediation
by meeting in a benefit review conference. See T.C.A. 50-6-237 and 239(a).
129.02 Approval of Workers Compensation Settlements – Schedule
All joint petitions for the approval of Workers Compensation, Legitimation
and Minor's Claims must be filed with the CLERK and scheduled with the
JUDGE'S SECRETARY for a specific time for approval, before being presented
to the JUDGE. In the event a minor or incompetent person is not represented
by counsel, the COURT may require that a Guardian Ad Litem be appointed
for the person if the COURT is not satisfied with the proposed settlement,
and in the event, the fee of said Guardian Ad Litem will be taxed as
part of the costs.
RULE
130 - DORMANT CASES: DOCKET CALLS
130.01 Dismissal
of Dormant Cases
To expedite cases, the COURT may take reasonable measures
to purge the docket of old cases. A "Show Cause Hearing" will
be held before dismissal. Those cases that have been previously set
for a jury trial and are not tried for two years with separate settings
at docket sounding will be subject to dismissal for want of prosecution.
130.02 Dismissal for Want of Prosecution
After a Show Cause Hearing, copies of the order dismissing a case for
want of prosecution "with prejudice" shall be mailed to all
counsel of record or to any party in default without counsel of record.
The cost will be TAXED against a plaintiff and/or cross-plaintiff.
RULE
131 - DOCKET CALLS
The
COURT may hold docket calls to ascertain the status of cases and set
deadlines for their disposition.
RULE
132 - AGREED ALTERNATE DISPUTE RESOLUTION
(RESERVED)
PART II: CHANCERY/PROBATE
RULE
201 - PROBATE CASES
201.01 Reports, Audits
and Exceptions
Reports submitted to the Clerk and Master for audit
are automatically referred to the Clerk and Master for review. Where
no exceptions are taken to the Clerk and Master's report within ten
(10) days after filing, the report will stand approved and be entered
in the minutes.
201.02 Fees
If approval in writing of all interested parties is
not obtained, all requests for fees shall be approved by the Court by
Order upon written applications, supporting affidavits and notice. All
applications for fees shall be supported by affidavits which set forth
the amount of time expended, the nature of the effort undertaken, and
such other pertinent information as may be called for. Applications
shall include a certificate of service on all interested parties.
201.03 Funds Paid
Into Court
No litigant funds shall be paid into Court without the
Court’s Order. Funds paid into Court are not invested for the
benefit of the litigants unless the Court so directs. Upon Court order,
the Clerk and Master shall invest the litigants’ funds into a
qualified financial institution as directed by the Order of the Court
considering the circumstances involved. In the event the funds are to
be invested at a particular institution, or to be invested in a particular
type of account, the Order shall specify. The taxpayer identification
number or social security number of all potential recipients of the
funds shall be included in the Court’s order. It is the duty of
the attorney or litigant seeking investment of the funds to specifically
call to the attention of the Clerk and Master that the funds are to
be invested.
201.04 (deleted in
its entirety)
201.05 Pleadings
and Orders
Pleadings must be prepared and submitted for consideration
by attorneys of by the personal representative. No forms, instructions
or directions can be provided by non-attorney members of the Clerk and
Master’s office.
201.06 Clerk and
Master Act
Unless otherwise Ordered by the Court the Clerk and
Master is empowered to hear without specific Order of Reference and
following matters:
(1) applications for letters testamentary and letters of administration;
(2) adjudicate claims and exceptions thereto;
(3) determine allowance to surviving spouse and family of deceased;
(4) preside over assignment of homestead;
(5) preside over proceedings for elective share; and
(6) take all accounts and settlements. The clerk shall make a written
report of his findings and actions.
201.07 Review
All actions of the Clerk and Master shall be subject
to review by the Court upon exceptions thereto filed with ten (10) days
together with a motion for review. If no exceptions are filed within
the time period provided, counsel shall lodge an Order of Confirmation.
RULE
202 - JURY TRIALS IN CHANCERY
202.01 Jury Trials
Demanded
In any case in which a jury is demanded, the words "JURY
DEMAND" shall be typewritten in capital letters in the caption
of the case in the same manner as required in Rule 115.01 and Rule 115.02.
202.02 Issues for
the Jury
Not less than twenty (20) days before trial, the party
demanding a jury shall submit in Jury Verdict Form, the issues to be
submitted to the jury. Any other party may file objections to the proposed
issues or additional or different issues for the jury not less than
fifteen (15) days before trial.
202.03 Jury Instructions
The party first demanding a Jury shall submit, not less
than ten (10) days before trial a proposed jury charge on the issues
to be determined by the jury, and the other parties shall, not less
than five (5) days before trial submit any proposed changes, additions
or deletions to the said proposed jury charge.
RULE
203 - DOMESTIC RELATIONS CASES
203.01 Financial
Statements – Pretrial
In all domestic relations cases where support is an
issue, both parties shall file and serve on adversary or adversary counsel
at least ten (10) days before trial, on a form provided by the Clerk
and Master, sworn income and expense statements.
In all divorce cases, both parties shall prepare and file with the Court
at a scheduled pretrial conference at least ten (10) days before trial
financial statements setting out a list of all assets, the date acquired,
purchase price, any encumbrance, and the present value of any asset
together with a list of all liabilities, date incurred, amount owed,
and the amount of monthly payments owed thereon. The list of assets
shall be inclusive of the assets and liabilities of the parties jointly
and severally, and specify whether acquired before or during the marriage,
and shall be verified under oath. The list of assets shall identify
articles over which there exists no dispute as to division and further
set forth the proposed equitable division of the marital assets of the
parties.
In all contested divorce cases a pretrial conference shall be scheduled
before the Clerk and Master on the 10th day preceding the trial. At
such conference the filings required by this rule shall be delivered
to the Clerk and Master. Upon receipt by the Clerk of both parties'
financial statements, the Clerk shall distribute copies to opposing
counsel. A scheduling Order shall be entered at the time the case is
set on the docket establishing the date and time of the pretrial conference.
The Pretrial Conference required under this rule may be waived if all
counsel of record enter an Agreed Order certifying compliance with all
Local Rules and stating the case is ready for trial on its designated
trial date.
203.02 Temporary
Custody Proceedings
In all proceedings in which temporary custody is an
issue, evidence introduced during such hearing shall not be duplicated
or repeated at the final hearing, and all testimony and exhibits introduced
shall be considered part of the record in the case and be considered
by the COURT at the final hearing on the issue of custody.
203.03 Mediation
Mediation is recognized and encouraged as a useful and
beneficial process. This is especially true in cases involving custody
of children. Voluntary participation by the agreement of the parties
will be allowed to proceed, and the COURT will stay all proceedings
until mediation has been concluded. If the parties elect to participate
in mediation they shall file with the COURT a motion to stay proceedings
together with a proposed order granting the stay. In the event that
mediation does not resolve all issues, either party may by motion seek
further hearing and resolution, and the case shall be set for hearing
in the manner provided by these rules for setting cases for trial.
203.04 Announced
Settlements in Domestic Cases
In all domestic cases scheduled for trial where settlements
are announced prior to the date scheduled for hearing, the parties shall
appear on the date of trial to announce the terms of settlement in open
court. In lieu of appearance of both parties, counsel for at least one
party shall, on or before trial, appear with a written decree for submission
approved by all parties together with one party for the purpose of presenting
to the court the agreement for approval.
203.05 Duration of
Temporary Restraining Order in Domestic Cases
(a) Upon application at the commencement of an action,
and for good cause shown, a temporary restraining order may be issued
without notice pursuant to Rule 65.07 of Tennessee Rules of Civil Procedure.
The temporary restraining order shall contain a notice that the opposing
party shall have the opportunity to appear on a date certain to be set
within one (1) week from the date of issuance of the temporary restraining
order to be heard with respect to any objections they may have to the
terms of the temporary restraining order. If there are no objections,
the temporary restraining order will continue until further order of
the court.
(b)
No temporary restraining order shall be sought without notice and hearing
where counsel for the opposing side has made an appearance. A request
for the issuance of a temporary restraining order shall be in the nature
of a show cause hearing and will be scheduled by the court at the earliest
available time. Failure to appear and contest will result in the entry
of the requested temporary restraining order.
SAMPLE
IN
THE SEVENTH JUDICIAL DISTRICT FOR THE STATE OF TENNESSEE
CIRCUIT DIVISION
(CHANCERY)
(PROBATE)
PLAINTIFF #1
(ADDRESS)
PLAINTIFF #2 etc.
(ADDRESS)
versus Docket #_________________
DEFENDANT #1 JURY
DEMANDED 12
(ADDRESS) FILED PURSUANT TO
DEFENDANT #2 etc. RULE #122.03
(ADDRESS)
(1) COMPLAINT OF
(party)
(name type of action)
(2) CROSS COMPLAINT OF (party) AGAINST (party)
(3) ANSWER OF (party)
(4) MOTION OF (party) FOR SUMMARY JUDGMENT
(5) MOTION OF (party) FOR DISMISSAL
(6) ORDER OF CONTINUANCE FROM (date) TO (date)
(7) ORDER OF NON-SUIT OF (party)
(8) ORDER OF DISMISSAL OF (party)
(9) ORDER TO COMPEL DISCOVERY OF (party) BY (party)
(10) ORDER DENYING SUMMARY JUDGMENT AGAINST (party)
SIGNATURE LINE
ATTORNEY OF RECORD
PARTY
ATTORNEYS ADDRESS AND BPR#
PARTY TAXED WITH
COST
(INCLUDING ADDRESS)
SIGNATURE LINE FOR JUDGE
(NAME OF JUDGE)
(Comment: This
sample is not designed to dictate to the attorneys the finite details
of the practice of law. The sample is a strong recommendation for future
pleadings so that Judges, Clerks, Lawyers and Secretaries can easily
access documents in voluminous files. Rule #10 of the Tennessee Rules
of Civil Procedure provides for the "Form of Pleadings" and
hopefully this sample will compliment the spirit of Rule #10.
PART III - CRIMINAL
RULE 300 - DISCOVERY IN CRIMINAL CASES
300.01 Discovery by the Defendant
All relevant issues relating to discovery by the defendant
shall be addressed in the pre-trial scheduling order provided to the
parties at the time of arraignment.
300.02 Discovery
by the State
All relevant issues relating to discovery by the State
shall be addressed in the pre-trial scheduling order provided to the
parties at the time of arraignment.
300.03 Notice of
Intent to Use Audio/Visual Recording is Required
When a party intends to offer an audio and/or visual
recording as evidence in a jury trial, counsel must provide written
notice to all adverse counsel at least thirty (30) days before a trial.
Adverse counsel shall be permitted to review the recording in the form
to be offered at trial and shall be allowed to copy the recording at
his or her expense. Adverse counsel shall promptly advise the other
attorney of each objection to the recording. The lawyers shall then
attempt in good faith to resolve objections. If no resolution is reached,
a motion in limine shall be filed and set sufficiently before trial
so that the objections may be ruled on in time to allow any necessary
editing. This does not void requirements of Tennessee Rules of Criminal
Procedure 12(d).
RULE
301 - SUBPOENAS
301.01 Subpoenas
Issued by Clerk
In criminal cases the issuance of subpoenas for witnesses
shall comply with Criminal Court clerk policies.
301.02 Time for Issuing
Subpoenas
Subpoenas for a local witness must be issued and dated
by the clerk no later |