ELEVENTH JUDICIAL DISTRICT
LOCAL RULES OF PRACTICE
(HAMILTON COUNTY)
___________
Table of Rules
RULES OF CIVIL PRACTICE,
CHANCERY AND CIRCUIT COURTS FOR THE
ELEVENTH JUDICIAL DISTRICT
RULE 1. EFFECTIVE DATE, APPLICABILITY, SUSPENSION, AND CITATION OF RULES
Rule
1.01 Effective Date.
1.02 Applicability.
1.03 Suspension.
1.04 Citation.
RULE 2. DEFINITIONS AND FORMS
2.01 Definitions.
2.02 Forms.
RULE 3. PLEADINGS AND OTHER PAPERS
3.01 Cost Bonds.
3.02 Civil Cover Sheet.
3.03 Facsimile Number.
3.04 Original Signatures.
3.05 Extraordinary Relief.
3.06 Ex parte Approvals.
RULE 4. CERTIFICATES OF SERVICE, SUBMISSION OF PAPERS, AND FILES
4.01 Certificates of Service.
4.02 Submission of Papers and Copies
4.03 Files.
4.04 Filing of Discovery.
4.05 E-Filing.
RULE 5. ORDERS AND COSTS
5.01 Preparation.
5.02 Approval.
5.03 Proposed Orders.
5.04 Taxing of Costs.
5.05 Re-Taxing of Costs.
RULE 6. MOTIONS
6.01 Authority.
6.02 Schedule and Call.
6.03 Exhibits.
6.04 Responses.
6.05 Briefs.
6.06 Dispositive Motions.
6.07 Failure to Appear; Late Appearance.
6.08 Priorities.
RULE 7. CASE MANAGEMENT
7.01 Case Assignment and Reassignment.
7.02 Setting of Cases.
7.03 Continuances.
7.04 Trial Docket.
7.05 Dismissal of Dormant Cases.
7.06 Withdrawal of Counsel.
RULE 8. TRIAL
8.01 Jury Demand.
8.02 Pretrial Schedule.
8.03 Record of Proceedings.
8.04 Control and Disposal of Exhibits.
8.05 Settlement.
RULE 9. DECORUM
9.01 Attire.
9.02 Bar Space.
9.03 Bench Conferences.
9.04 Counsel, Litigant, and Spectator Conduct.
9.05 Forbidden Conduct.
9.06 Juror Contact.
RULE 10. DOMESTIC RELATIONS
10.01 Financial Statements.
10.02 Pendente Lite Hearings.
10.03 Default Divorce Setting; Failure to Appear.
10.04 Signature Requirements in Agreed Divorces.
10.05 Attorney Fees.
10.06 Family Law Mediation.
RULE 11. FUNDS
11.01 Funds Paid Into Court.
11.02 Funds Paid Out of Court.
RULE 12. MASTERS
12.01 Reference.
12.02 Notice of Hearing.
12.03 Continuances.
12.04 Evidence Exchange.
12.05 Court Reporter or Stipulation.
12.06 Objections to Master’s Report.
RULE 13. ADOPTIONS
13.01 Surrenders.
13.02 Petitions for Adoption.
13.03 Waivers.
13.04 Adoptions – Final Hearings – Minors.
13.05 Terminations.
13.06 Final Report on Adoption.
RULE 14. GIFTS AND GRATUITIES
14.01 Court Officers and Deputy Sheriffs.
14.02 Clerks.
RULE 15. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS – SPECIAL PROCEDURES
15.01 Briefs Required.
15.02 Filing and Service of Briefs.
15.03 Hearings – Oral Argument.
15.04 Waiver of Oral Argument.
RULE 16. GUARDIANSHIP AND CONSERVATORSHIP
16.01 Petitions.
16.02 Conservatorships.
16.03 Guardianships.
16.04 Submission of Orders with Petition.
16.05 Guardian ad litem.
16.06 Orders of Appointment.
16.07 Subsequent Orders.
RULE 17. PROBATE
17.01 Hours.
17.02 Interested Parties.
17.03 Petitions.
17.04 Common Form Probate.
17.05 Solemn Form Probate.
17.06 Small Estates.
17.07 Claims.
17.08 Authority of Master.
17.09 Inventories and Accountings.
17.10 Summary Removal and Sanctions.
17.11 Fees and Expenses.
RULE 18. SALE OF REAL PROPERTY
18.01 Property Description.
18.02 Orders Authorizing Sale.
18.03 Advertisements.
18.04 Orders Confirming Sale.
RULES OF CIVIL PRACTICE, CHANCERY
AND CIRCUIT COURTS FOR THE
ELEVENTH JUDICIAL DISTRICT
Adopted Effective September 1, 2018
________________
RULE 1. EFFECTIVE DATE, APPLICABILITY, SUSPENSION, AND CITATION OF RULES
1.01 EFFECTIVE DATE
Effective 1 September 2018, the Chancery and Circuit Courts of the Eleventh Judicial District (Hamilton
County, Tennessee) abrogate all existing local rules of practice and adopt these rules.
[Adopted effective September 1, 2018.]
1.02 APPLICABILITY
Rules 1 through 14 apply in Chancery and Circuit Courts. Rules 15 through 18 apply in Chancery Court only.
[Adopted effective September 1, 2017.]
1.03 SUSPENSION
The Judges of the Court retain discretion to suspend any of these rules for good cause.
[Adopted effective September 1, 2017.]
1.04 CITATION
These rules may be cited as LRCP.
[Adopted effective September 1, 2017.]
RULE 2. DEFINITIONS AND FORMS
2.01 DEFINITIONS
As used in these rules, the term “Clerk” shall include the Clerk and Master and the term “Judge” shall
include Chancellor.
[Adopted effective September 1, 2017.]
2.02 FORMS
These rules require the filing or lodging of various forms. Parties and their attorneys may use the forms
available from the Clerk or forms equivalent in content and format thereto.
[Adopted effective September 1, 2017.]
RULE 3. PLEADINGS AND OTHER PAPERS
3.01 COST BONDS
For every pleading, which seeks affirmative relief, including counterclaims, cross-claims, and third-party
complaints, a surety shall execute a bond for costs in the following form:
COST BOND
I hereby acknowledge and bind myself for the payment of all non-discretionary costs that may be adjudged
herein against , the principal, in the event that the
principal does not pay them.
Witness my hand this day of , 20 .
Signature
Name
Address
Telephone
The bond shall be attached to the pleading or filed separately. The surety shall not be released from the obligation as
surety until there is provision for a substitute surety.
[Adopted effective September 1, 2017.]
3.02 CIVIL COVER SHEET
A fully completed Civil Case Cover Sheet shall accompany every pleading which seeks affirmative relief.
Parts VI and VIII of a Civil Case Cover Sheet shall be completed and accompany every answer or other initial
responsive pleading. Civil Case Cover Sheets are required solely for administrative purposes, and matters appearing
only on cover sheets have no legal effect in the action.
[Adopted effective September 1, 2017.]
3.03 FACSIMILE NUMBER
In addition to the identifying information that Rule 11.01 of the Tennessee Rules of Civil Procedure requires,
pleadings and other papers shall bear the facsimile telephone number, if available, of the filing attorney or pro se
litigant.
[Adopted effective September 1, 2017.]
3.04 ORIGINAL SIGNATURES
Papers to be filed or lodged that require the signature of a party, the party’s counsel, or other individual or
entity shall contain the original signature, preferably in blue ink unless they are filed or lodged by facsimile or
electronically pursuant to Rule 5A or Rule 5B of the Tennessee Rules of Civil Procedure.
[Adopted effective September 1, 2018.]
3.05 EXTRAORDINARY RELIEF
Complaints for writs of certiorari, writs of attachment, restraining orders, or other extraordinary relief shall
be first filed with the Clerk and verified. Otherwise they must be accompanied by affidavit setting forth the facts
justifying the relief sought.
[Adopted effective September 1, 2017.]
3.06 EX PARTE APPROVALS
Petitions for the approval of workers’ compensation claims, minors’ claims, name changes, and other similar
matters shall be prescheduled with the Court or filed with the Clerk before being presented to the Judge for approval.
[Adopted effective September 1, 2017.]
RULE 4. CERTIFICATES OF SERVICE, SUBMISSION OF PAPERS, AND FILES
4.01 CERTIFICATES OF SERVICE
(a) After suit is commenced, all papers required to be served on a party by any person except the Clerk shall
contain a certificate of service that recites the name and address of each person served and the date and method of
service.
(b) In ex parte matters, copies of motions and other papers shall be mailed to interested parties. Such papers
must contain a certificate of service that includes the name and address of the interested parties served and the date of
service.
(c) Any notice of appeal from a judgment of the Court shall be served on the court reporter, if any, and the
certificate of service accompanying the notice shall so reflect.
[Adopted effective September 1, 2017.]
4.02 SUBMISSION OF PAPERS AND COPIES
All papers to be filed or lodged, including pleadings, motions, briefs, and proposed judgments and orders,
shall be filed or lodged with the Clerk. Such papers shall not be mailed to or left with the Judge but shall be submitted
to the Clerk for proper handling. No copy of any paper shall be provided to the Judge unless the Judge so requests.
[Adopted effective September 1, 2017.]
4.03 FILES
All files and records of the Court shall at all times be under the custody and control of the Clerk. Files may
not be withdrawn without permission of the Clerk and the Judge.
[Adopted effective September 1, 2017.]
4.04 FILING OF DISCOVERY
Filing of discovery is not mandatory unless in support of a motion.
[Adopted effective September 1, 2017.]
4.05 E-FILING
Pursuant to Tennessee Rules of Civil Procedure 5B the Circuit Courts and Chancery Courts allow certain
papers to be filed by electronic means that comply with technological standards promulgated by the Tennessee
Supreme Court. Please consult the Chancery Court or Circuit Court website for case types and document types that
can be filed electronically, as well as for instructions for e-filing and the requisite fees. Instructions are also available
for review in both the Clerk & Master’s office and the Circuit Court Clerk’s office.
[Adopted effective September 1, 2018.]
RULE 5. ORDERS AND COSTS
5.01 PREPARATION
(a) Unless otherwise ordered, in every case or motion disposed of by an oral ruling of the Court, counsel for
the prevailing party shall prepare the Order or Judgment, and the Clerk shall prepare, in probate cases, orders
confirming reports of the Master on accountings and settlements, authorizing the initial issuance of letters, and
referring exceptions to claims, year’s support, homestead, exempt property, and elective share to the Master.
(b) Unless the Court allows a greater time, the Order or Judgment shall be prepared and forwarded to
adversary counsel within five (5) business days of the hearing or trial. Ex parte orders shall be lodged with the Clerk
within five (5) business days of the hearing. Orders shall not be lodged granting or denying any relief before the
Court passes on the issue, except for agreed orders signed by all counsel or pro se parties.
(c) If counsel fails to prepare and lodge Orders with the Court within fourteen (14) days of the announcement
of an agreement or a ruling, the Court may strike or dismiss the subject motion or pleading.
[Adopted effective September 1, 2017.]
5.02 APPROVAL
(a) Unless waived by the Court, all orders proposed to be entered shall be submitted to all parties or their
counsel for approval. Counsel shall promptly review a proposed order and approve it if it accurately reflects the
ruling of the Court or notify the adversary of specific objections.
(b) In matters involving five (5) or more parties, the Court will, upon application and in proper
circumstances, allow orders to be filed in accordance with LRCP 5.03.
[Adopted effective September 1, 2017.]
5.03 PROPOSED ORDERS
(a) No proposed order may be lodged with the Clerk until it has been submitted to all other parties or their
counsel and they have refused to approve it or failed to respond within five (5) business days of service, unless waived
by the Court. Orders lodged under this rule shall bear the word “PROPOSED” at the top of the Order.
(b) After the proposed order is lodged, adverse parties having objections to the proposed order shall file
specific objections thereto, accompanied by their own proposed order, within three (3) business days.
(c) Nine (9) business days after the initial proposed order is lodged under this rule, the Clerk shall deliver all
proposed orders including any exception or objection to the Judge for action. Additional time may be requested by
conference call with all counsel or by agreement of the parties. "Business days" shall be computed in accordance with
Rule 6.01 of the Tennessee Rules of Civil Procedure.
[Adopted effective September 1, 2017.]
5.04 TAXING OF COSTS
(a) All final orders shall provide for the assessment of court costs.
(b) Orders for payment of costs shall be rendered jointly against the party and the party’s sureties, if any.
[Adopted effective September 1, 2017.]
5.05 RE-TAXING OF COSTS
For good cause, the Clerk may move the Court for a re-taxing of court costs pursuant to Tenn. Code Ann. §
20-12-137.
[Adopted effective September 1, 2017.]
RULE 6. MOTIONS
6.01 AUTHORITY
All motions shall be in writing and cite the rule, statute or other authority for the relief sought. Motions not
citing proper authority or citing only Rule 7.02 of the Tennessee Rules of Civil Procedure shall be stricken.
[Adopted effective September 1, 2017.]
6.02 SCHEDULE AND CALL
(a) In Chancery Court, Part 1, motions will be heard at 1:30 p.m. on the first (1
st
) and third (3
rd
) Mondays of
each month. In Chancery Court, Part 2, motions will be heard at 1:30 p.m. on the second (2
nd
) and fourth (4
th
)
Mondays of each month. When a motion day falls on a holiday, motions will be heard on the next business day, unless
another date is announced and posted. Motions may be heard at other times with the consent of the Judge. In both
parts of Chancery Court, motions will be called at the Court’s first regularly scheduled motion day occurring no less
than five (5) business days after the filing of the motion. Notice of the date and time of the hearing shall be placed on
the motion.
(b) Motions in Circuit Court will be heard on Mondays except on holidays, commencing in Division I at 9:00
a.m. Motions may be heard at other times with the consent of the Judge. Motions filed by 4:00 p.m. on Thursday will
be called the second following Monday.
[Adopted effective September 1, 2017.]
6.03 EXHIBITS
The underlying document(s) that are the subject of the motion shall be an exhibit(s) to the motion.
[Adopted effective September 1, 2017.]
6.04 RESPONSES
Responses to motions are allowed but not required, except responses to motions citing Rules 12, 26 through
37, and 56 of the Tennessee Rules of Civil Procedure. Failure to file a required response by 4:00 p.m. at least two (2)
business days preceding the date that the motion is to be called may result in the granting of the motion.
[Adopted effective September 1, 2017.]
6.05 BRIEFS
A memorandum of law shall accompany every motion or response which may require the resolution of an
issue of law. Any motion, response, brief, or memorandum of law that makes reference to a transcript or deposition
shall specify the relevant page(s) of the transcript or deposition and attach those pages. Any brief that cites a foreign
case shall have a copy of the case attached or the Court may disregard the authority.
[Adopted effective September 1, 2017.]
6.06 DISPOSITIVE MOTIONS
Only the relevant portion(s) of any discovery materials used to support a motion for dismissal, judgment on
the pleadings, or summary judgment or response thereto shall be filed.
[Adopted effective September 1, 2017.]
6.07 FAILURE TO APPEAR; LATE APPEARANCE
Unless otherwise excused, a failure to appear shall result in a motion being stricken or adjudicated as the
Court orders. If there is to be a late arrival or attendance in another Court, counsel shall notify the Judge’s office and
other counsel or request a continuance of the motion and notify other counsel thereof before the hearing.
[Adopted effective September 1, 2017.]
6.08 PRIORITIES
Motions requiring oral testimony will be heard after motions not requiring such evidence. Non-jury matters
may be heard on a motion day, but motions in any Court take priority over non-jury matters.
[Adopted effective September 1, 2017.]
RULE 7. CASE MANAGEMENT
7.01 CASE ASSIGNMENT AND REASSIGNMENT
Cases in Chancery Court are assigned sequentially by Part. However, all matters pertaining to guardians,
conservators, mental health appointments, and adoptions, when filed in Chancery Court are assigned to Part 1, and all
matters pertaining to probate and the construction of trusts are assigned to Part 2. All cases in Circuit Court are
assigned sequentially by Division. Any case previously filed and dismissed and then refiled will be assigned to its
previously assigned Part or Division. Any related family law matter, including but not limited to an order of protection
and/or a divorce, shall be assigned to the Part or Division of the Court in which the case is first filed. If a Court or
Courts recuse from a case, then that case will be reassigned pursuant to the procedure adopted by this Judicial District
and consistent with the Tennessee Supreme Court Rules. All Petitions for Orders of Protection shall be assigned in
rotation such that two (2) Petitions are assigned to Circuit Court followed by one (1) Petition assigned to Chancery
Court. This rotation is subordinate to the prior case filed rule contained in this section. If cases controlled by Rule
42.01 of the Tennessee Rules of Civil Procedure are pending in different divisions of Circuit Court and/or Chancery
Court, all such cases will be transferred for discovery, unless otherwise ordered, to the Court in which the case with
the lowest docket number (case filed first) is pending. The Judges of the courts involved will meet at an appropriate
time to decide for what purposes the cases will be consolidated. The Judges may solicit input from the attorneys of
record on the consolidation issues.
[Adopted effective September 1, 2017.]
7.02 SETTING OF CASES
(a) Cases shall be set by motion, agreed order, or action of the Court. When a case is set on an unopposed
motion or by agreement, counsel are deemed to have certified that they are available for trial and the case is in all
respects ready for trial.
(b) When a party objects to having a case set because trial preparation is not complete, the Court may issue a
scheduling order establishing deadlines for completing trial preparation and setting a trial date.
(c) Conferences, default hearings, and other uncontested matters shall be set by appointment with the Judge’s
office.
[Adopted effective September 1, 2017.]
7.03 CONTINUANCES
Cases may be continued only by leave of the Court by written order or if the case is one referred to the
Master, by leave of the Master as provided in LRCP 12.03. Failure to complete discovery or prepare for trial shall not
necessarily constitute grounds for a continuance.
[Adopted effective September 1, 2017.]
7.04 TRIAL DOCKET
(a) Unless otherwise ordered, trials and other contested evidentiary matters will be assigned for hearing at
9:30 a.m. in Chancery Court and 9:00 a.m. in Circuit Court. Attorneys and parties shall be prompt for all sessions.
Unless an Order continuing, settling, or dismissing the matter has been filed prior to the morning of trial, cases set for
trial by Order are subject to dismissal or entry of judgment upon the failure of plaintiff to appear or upon failure of
defendant to appear respectively.
(b) In the event a case ready for trial on the day assigned is not reached on that day, the case will be reset for
trial on the first available trial date or held in line at the Court’s discretion.
[Adopted effective September 1, 2017.]
7.05 DISMISSAL OF DORMANT CASES
(a) If no action is taken in a case for two hundred seventy (270) days, the Court may dismiss the case. Thirty
(30) days before such a dismissal, the Clerk or Judge shall notify counsel or post a Procedural Steps List containing
the name and docket number of each case to be dismissed. The Procedural Steps List shall be prominently posted in
the Clerk’s office and on the web site (http://www.hamiltontn.gov/courts).
(b) The Clerk shall mail to counsel of record and unrepresented parties whose address can be ascertained
from information in the file copies of each order dismissing a case for want of prosecution.
[Adopted effective September 1, 2017.]
7.06 WITHDRAWAL OF COUNSEL
Once counsel has made a general appearance, counsel may not withdraw except for good cause, by motion
and order of the Court.
[Adopted effective September 1, 2017.]
RULE 8. TRIAL
8.01 JURY DEMAND
When a jury is demanded in accordance with Rule 38 of the Tennessee Rules of Civil Procedure, the
document demanding a jury and all subsequent documents filed in the case shall bear the words “JURY DEMAND”
in capital letters in the caption of the case above the space for the case number.
[Adopted effective September 1, 2017.]
8.02 PRETRIAL SCHEDULE
(a) At least ten (10) business days before trial, the parties shall submit to the Court in writing any contested
issues of law to be addressed by the Jury or the Court together with citations of authority and/or briefs. A Trial Brief
shall be a concise statement of the issues and law supported by appropriate citations. If a citation is to a decision not
fully reported in Southwest Reporter, Tennessee Decisions, a copy of the entire text of the decision shall be attached
to the brief.
(b) At least ten (10) business days before trial, the party first demanding a jury shall file a proposed jury
charge on any issue not addressed by the Tennessee Pattern Instructions and proposed jury verdict forms. At least five
(5) days before trial, the other parties shall file any proposed changes to the proposals. This rule shall not preclude the
parties from filing jury requests concerning contested issues arising during the trial.
(c) At least ten (10) business days before trial, each party shall file and serve by facsimile or by hand:
1)
a
Witness List, including names, addresses, and, if known, telephone numbers of all witnesses, including rebuttal
witnesses; and
2)
an Exhibit List, including rebuttal exhibits. Within five (5) business days of the receipt of an Exhibit
List, the recipient shall file and, by facsimile or hand, serve any objections to authenticity of any exhibit or such
objection shall be deemed waived. At least five (5) business days before trial, the recipient shall file and serve all
other objections. Witnesses and exhibits not identified in compliance with this rule shall not be utilized at trial.
(d) If the parties anticipate the use of more than fifty (50) trial exhibits, they shall so notify the Court. Before
trial, the parties shall meet to examine or exchange all trial exhibits and, if the Court so directs, pre-mark all trial
exhibits in sequential order without designation as to plaintiff or defendant. Any marked exhibit the admissibility of
which the parties dispute shall be marked for identification only. Unless a marked exhibit is marked for identification
only, its admissibility shall be deemed to be undisputed. The parties shall file a list of any marked exhibits no later
than the morning of trial.
[Adopted effective September 1, 2017.]
8.03 RECORD OF PROCEEDINGS
It is the responsibility of litigants to arrange for court reporters to record the proceedings of the Court.
[Adopted effective September 1, 2017.]
8.04 CONTROL AND DISPOSAL OF EXHIBITS
(a) All trial exhibits shall be accounted for and placed in the custody of the court reporter unless otherwise
directed by the Court.
(b) If no appeal is filed, the parties shall have forty-five (45) days to withdraw exhibits and depositions after
entry of the final judgment. The court reporter or Clerk may destroy or dispose of exhibits and depositions not
withdrawn from their possession.
[Adopted effective September 1, 2017.]
8.05 SETTLEMENT
When a case is set for trial and the parties reach a settlement, the parties shall give immediate notice of the
settlement to the Court. Counsel shall notify witnesses that they are excused from attending court due to the
settlement. In the event that notice is not given, economic sanctions may be imposed.
[Adopted effective September 1, 2017.]
RULE 9. DECORUM
9.01 ATTIRE
Counsel, litigants, witnesses, court reporters, and court officers shall not dress in a manner which detracts
from proper decorum in the Court.
[Adopted effective September 1, 2017.]
9.02 BAR SPACE
The space within the bar in the courtroom is reserved for attorneys, legal assistants, and litigants actually
engaged in trial. All other persons will be seated outside the bar.
[Adopted effective September 1, 2017.]
9.03 BENCH CONFERENCES
Bench conferences should be requested only when absolutely necessary in aid of a fair trial. The conferences
shall be conducted in a professional manner.
[Adopted effective September 1, 2017.]
9.04 COUNSEL, LITIGANT, AND SPECTATOR CONDUCT
When Court is in session, all persons present shall be seated at all times except when addressing the Court
and shall not talk, laugh, or otherwise make any noise. All cell phones and beepers must be turned off. All counsel are
expected to comply with the Chattanooga Bar Association Guidelines for Professional Conduct that are incorporated
herein by reference and are attached hereto as Appendix 1 to these rules.
[Adopted effective September 1, 2017.]
9.05 FORBIDDEN CONDUCT
Counsel and witnesses are prohibited from using curse or swear words even when quoting others. When
quoting others, counsel and witnesses shall omit any offensive word and state only the first letter of the word. Any
deviation from this rule requires prior permission from the Court.
[Adopted effective September 1, 2017.]
9.06 JUROR CONTACT
No attorney, party, witness, or any other person interested in a case being tried shall engage in any
conversation with any juror until such juror’s service for the term has ended.
[Adopted effective September 1, 2017.]
RULE 10. DOMESTIC RELATIONS
10.01 FINANCIAL STATEMENTS
(a) Both parties in all domestic relations cases in which support is an issue shall file and serve an affidavit,
stating all income as of the date of execution, at least ten (10) days before trial. This affidavit is available from the
Clerk. A party shall compile and file an affidavit stating expenses only if: i) alimony is sought or resisted; ii) a
deviation from child support guidelines is sought; or iii) it is contended the income statement is not representative of
future income. If a party fails to file a statement of income required herein, the other party shall file an affidavit
containing a good-faith estimate of the income of the defaulting party.
(b) In all divorce cases, when a trial date is set, a pretrial conference shall also be set. Attendance is
mandatory unless excused for cause. In all divorce cases, at least fifteen (15) days before trial, both parties shall serve
verified financial statements, as set forth in Exhibit A attached hereto in Appendix 2 to these rules. The parties shall
file a joint asset and liability statement for division of property that is not disputed at least ten (10) days before trial, as
set forth in Exhibit B attached hereto in Appendix 2 to these rules. For assets and liabilities that are disputed as to
division, at least ten (10) days before trial, the parties shall also file a proposed division of marital property and
liabilities, as set forth in Exhibit C attached hereto in Appendix 2 to these rules, and jointly executed agreed
stipulations, as set forth in Exhibit D attached hereto in Appendix 2 to these rules.
(c) Failure to file the statements required herein shall result in dismissal or continuance of the case, entry of
default judgment against the non-complying party, or other appropriate sanctions in the Court’s discretion.
(d) At least ten (10) days before trial of any contested divorce is scheduled, counsel shall file a memorandum,
as set forth in Exhibit E attached hereto in Appendix 2 to these rules.
[Adopted effective September 1, 2017.]
10.02 PENDENTE LITE HEARINGS
(a) Pendente lite hearings for child support shall be heard only on motion accompanied by an affidavit
containing the income of the custodial party with supporting documentation, a good-faith estimate of the income of
the non-custodial party, the amount of time that the child spends with each party, and the number of persons who
reside with each party. If the non-custodial party contests any such estimate, within five (5) business days after receipt
of the motion from the custodial party, that party shall file and serve his or her own affidavit with supporting
documentation. The parties shall also file with their affidavits a proposed Child Support Worksheet.
(b) Pendente lite hearings for alimony shall be heard only on motion accompanied by an affidavit stating
income and expenses. Within five (5) business days after receipt of the motion, the non-moving party contesting
alimony shall file an affidavit delineating all income and expenses.
[Adopted effective September 1, 2017.]
10.03 DEFAULT DIVORCE SETTING; FAILURE TO APPEAR
Any uncontested divorce passed for good cause must be passed to a day certain by order with at least ten (10)
days notice to the other party. Failure of the plaintiff or plaintiff's counsel to appear, ready for trial, will result in the
case being passed or dismissed, in the discretion of the Court.
[Adopted effective September 1, 2017.]
10.04 SIGNATURE REQUIREMENTS IN AGREED DIVORCES
All counsel of record and any self-represented litigant must sign any proposed, agreed Final Order
of Divorce. All parties must execute and submit a Marital Dissolution Agreement and, where applicable, a Permanent
Parenting Plan, including a Child Support Worksheet.
[Adopted effective September 1, 2017.]
10.05 ATTORNEY FEES
In awarding attorney fees in domestic relations cases, the Court shall consider, in addition to the factors set
forth in Rule 1.5 of the Rules of Professional Conduct and any other appropriate authority, the attorney’s contract with
the client, the financial resources of the parties, and the good-faith efforts of the parties to resolve the case consistent
with existing law.
[Adopted effective September 1, 2017.]
10.06 FAMILY LAW MEDIATION
Counsel shall comply with all statutes regarding mediation in divorce cases including, but not limited to,
those involving assets, liabilities, alimony, and parenting plans. Both parties shall make a good-faith effort to
exchange at least one (1) day prior to mediation, and no later than the date of mediation, asset and liability statements,
income and expense statements, proposed division of assets and liabilities, and proposed parenting plans with
supporting documentation. Pursuant to the applicable mediation statutes, these documents shall not be admissible in
court and shall be used for settlement negotiation purposes only. These documents shall contain a statement to that
effect.
[Adopted effective September 1, 2017.]
RULE 11. FUNDS
11.01 FUNDS PAID INTO COURT
(a) 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.
(b) All orders directing investment of funds shall contain the full legal name and address of each person or
entity to whom the funds belong. Orders pertaining to minors shall state the dates of the minor’s birth and majority.
Social security and taxpayer identification numbers may be requested by the Court for administrative purposes. Such
numbers, if requested, shall not be part of the public record.
(c) It is the duty of the attorney or litigant seeking investment of funds to call to alert the Clerk that the funds
are to be invested.
[Adopted effective September 1, 2017.]
11.02 FUNDS PAID OUT OF COURT
Before funds will be released by the Clerk, social security or taxpayer identification number must be
furnished by the recipient to the Clerk, and a receipt or ledger for the funds must be signed.
[Adopted effective September 1, 2017.]
RULE 12. MASTERS
12.01 REFERENCE
At the time a case is set for trial, counsel shall inform the Court of any issues which may be the proper
subject of reference to a Master, such as accounting, damages, and validity and priority of liens. Reference to the
Master shall be consistent with Rule 53.01 of the Tennessee Rules of Civil Procedure and appointment may be
obtained upon motion of a party or upon the Court’s own initiative.
[Adopted effective September 1, 2017.]
12.02 NOTICE OF HEARING
Following the entry of an Order of Reference, the Master will notify all parties involved of a hearing date to
take proof on the matter referred. The Master, if necessary, may schedule a meeting with counsel in order to
determine the procedure on the reference.
[Adopted effective September 1, 2017.]
12.03 CONTINUANCES
Hearings will only be continued by leave of the Master for good cause, which shall be brought to the
attention of the Master as soon as practicable before the hearing date. The absence of a witness shall not be grounds
for a continuance unless the witness has been subpoenaed in accordance with Rule 45 of the Tennessee Rules of Civil
Procedure. Requests for continuances shall be made by telephone conference call involving all interested parties.
[Adopted effective September 1, 2017.]
12.04 EVIDENCE EXCHANGE
At least ten (10) days before the hearing, the parties shall exchange exhibits upon which they wish to rely at
the hearing.
[Adopted effective September 1, 2017.]
12.05 COURT REPORTER OR STIPULATION
The parties shall either i) stipulate in writing prior to the hearing that the Master’s findings of fact shall be
final or ii) employ a court reporter to attend the hearing and prepare a transcript of the proceeding. This transcript
shall be filed with the Clerk for preparation of the Master’s Report and filing pursuant to Rule 53.04(1) of the
Tennessee Rules of Civil Procedure.
[Adopted effective September 1, 2017.]
12.06 OBJECTIONS TO MASTER’S REPORT
Objections shall be supported by a transcript of proceedings before the Master and shall state specifically the
grounds for the objections by specific references to the transcript, except in matters stipulated pursuant to LRCP
12.05.
[Adopted effective September 1, 2017.]
RULE 13. ADOPTIONS
13.01 SURRENDERS
(a) Surrenders may usually be scheduled as ex parte matters.
(b) In Chancery Court all surrender documents shall be reviewed by the Clerk’s office before the surrender
occurs.
(c) Counsel shall inform the Court’s secretary if more than one (1) child is the subject of surrender or
circumstances exist that will require an unusually lengthy hearing.
(d) There shall be a separate surrender for each child.
[Adopted effective September 1, 2017.]
13.02 PETITIONS FOR ADOPTION
A separate verified petition must be filed for each adoptive child. Separate docket numbers shall be assigned
to each petition, and there shall be a separate final order in each case. Cases involving the same petitioner shall be
assigned to the same Judge.
[Adopted effective September 1, 2017.]
13.03 WAIVERS
The law allows the Court to waive certain procedures and time requirements in appropriate circumstances.
Counsel or parties may not assume that the Court will routinely waive such procedures or requirements. Anyone
seeking waiver shall, in a motion or proposed order, cite the statutory authority thereof and state the circumstances
justifying relief.
[Adopted effective September 1, 2017.]
13.04 ADOPTIONS - FINAL HEARINGS – MINORS
(a) In an adoption by relatives or a step-parent, the Court usually waives or shortens the six-month waiting
period after filing if the child has lived in the home for more than one (1) year.
(b) In other adoptions, the Court is unlikely to waive or reduce in the six-month waiting period after filing the
petition unless the child has lived in the home for more than one (1) year and there are compelling reasons.
(c) In no event is a final hearing to be scheduled less than ten (10) days after the petition is filed.
(d) The child and the parents shall appear before the Court for the final hearing unless specifically excused
by the Court. Appropriate dress is required.
[Adopted effective September 1, 2017.]
13.05 TERMINATIONS
If a proposed termination is contested or either natural parent is incarcerated, counsel shall so advise the
Court. Parents whose rights are subject to termination may be eligible for an appointed attorney. Lawsuits to
terminate parental rights shall be concluded before the adoption is set.
[Adopted effective September 1, 2017.]
13.06 FINAL REPORT ON ADOPTION
The final report in response to the Court’s Order of Reference shall be filed at least three (3) days before the
final hearing. The purpose of the Court’s Order of Reference is to bring the status of the prospective adoptive home
and the child up to date immediately prior to finalization of the adoption.
[Adopted effective September 1, 2017.]
RULE 14. GIFTS AND GRATUITIES
14.01 COURT OFFICERS AND DEPUTY SHERIFFS
No attorney or party shall offer, nor shall any court officer or deputy sheriff accept any money or other thing
of value for acting within the scope of one’s duties.
[Adopted effective September 1, 2017.]
14.02 CLERKS
No attorney, litigant, bank, title insurance company, or any other person regularly doing business in or with
the office of the Clerk shall offer, nor shall any Clerk receive, any gifts, money, or other thing of value, except the
fees, taxes, and costs authorized by statute, rule, or order.
[Adopted effective September 1, 2017.]
RULE 15. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS – SPECIAL PROCEDURES
15.01 BRIEFS REQUIRED
Briefs must be filed in all cases heard by the Court upon the record from an administrative tribunal or
agency. If a petitioner fails to file his or her brief within the time provided by this rule or within the time ordered by
the Court, the action may be dismissed and the agency decision affirmed. If the defendant has not filed his or her brief
within the time provided by this rule or within the time ordered by the Court, the Court may decide the case solely
upon the record and the petitioner’s brief.
[Adopted effective September 1, 2017.]
15.02 FILING AND SERVICE OF BRIEFS
The petitioner must file and serve a brief within thirty (30) days after the record is filed. The defendant must
file and serve a brief within thirty (30) days after service of the brief of the petitioner. Reply briefs may be filed at the
option of a party and must be filed and served within fourteen (14) days after service of the preceding brief. Upon
motion of a party or upon its own motion, the Court may enlarge or shorten the time for filing briefs.
[Adopted effective September 1, 2017.]
15.03 HEARINGS - ORAL ARGUMENT
Hearings on oral argument shall be scheduled as provided in LRCP 7.02 after the record has been filed.
[Adopted effective September 1, 2017.]
15.04 WAIVER OF ORAL ARGUMENT
Oral argument may be waived by agreement of counsel. If oral argument is waived, counsel shall notify in
writing the Chancellor’s office after all briefs are filed.
[Adopted effective September 1, 2017.]
RULE 16. GUARDIANSHIP AND CONSERVATORSHIP
16.01 PETITIONS
A separate petition must be filed for each respondent. Separate docket numbers shall be assigned to each
petition, and there shall be a separate Final Order in each case.
[Adopted effective September 1, 2017.]
16.02 CONSERVATORSHIPS
The petition shall be verified and shall contain the information required by statute and these rules. Petitioner
shall list the names and addresses of all persons to whom notice is required. Notice shall be given by the Clerk.
Service of process shall be accomplished by an authorized officer. A verified statement for a physician or
psychologist in accordance with Tenn. Code Ann. § 34-3-105 shall be filed, if available, with the petition or, if not
then available, before or at the hearing.
[Adopted effective September 1, 2017.]
16.03 GUARDIANSHIPS
The petition shall be verified and shall contain the information required by statute and these rules. Notice
shall be provided to all interested persons, and service upon the respondent shall be in accordance with the law.
[Adopted effective September 1, 2017.]
16.04 SUBMISSION OF ORDERS WITH PETITION
Orders appointing or waiving a guardian ad litem, setting a hearing date, and providing for the duties of the
guardian ad litem shall be submitted with each petition for conservatorship or guardianship. Examples of such orders
may be obtained from the Clerk’s office.
[Adopted effective September 1, 2017.]
16.05 GUARDIAN AD LITEM
(a) The Court will usually appoint a licensed attorney as the guardian ad litem upon the filing of a petition to
appoint a conservator or guardian. The Court may, however, waive the appointment of a guardian ad litem for good
cause in accordance with Tenn. Code Ann. § 34-1-107.
(b) The Court may appoint a guardian ad litem in matters involving the following: the sale, improvement, or
mortgage of any real property in which a minor or other person under disability has an interest, the sale or disposition
of a ward’s personal property, possible impropriety by a fiduciary, or unauthorized encroachments or questionable
management of a ward’s assets under guardianships or conservatorships. The Court may also do so any time it
believes such an appointment is in the best interest of a minor, incompetent, absentee, or interested party or necessary
to further the administration of justice.
(c) The guardian ad litem shall conduct an inquiry and file a report with the Court at least three (3) days
before the hearing. The report shall contain the information required by statute and these rules and such additional
information as the Court may require or the guardian ad litem deems necessary. Reports shall be brief and to the point
unless the complexities of the case require greater detail.
[Adopted effective September 1, 2017.]
16.06 ORDERS OF APPOINTMENT
All orders appointing a guardian or conservator shall contain the information required by appropriate statute
and these rules, including the ward’s full name and date of birth. The order shall also require or, with the requirement
of an annual report, waive an inventory and property management plan within sixty (60) days and an annual
accounting. Where required, bonds must be executed prior to the issuance of letters by the Clerk. Forms that provide
for most of the requirements can be obtained from the Clerk’s office but must be modified to meet the facts of each
individual case. Orders appointing a representative shall adjudge the Clerk’s cost.
[Adopted effective September 1, 2017.]
16.07 SUBSEQUENT ORDERS
(a) Unless other matters are pending, orders approving accounting, sale of real estate, or similar matters shall
include provisions closing the matter pending further proceedings and assessing costs.
(b) If an annual accounting is not required, an Annual Report shall be required each year and the Clerk shall
send notice when the Annual Report is due. The Annual Report shall contain information as to the condition and
location of the ward as well as other information as may be requested by the Clerk, such as the identity and relation, if
any, of the caregiver to the ward, and required by law.
[Adopted effective September 1, 2017.]
RULE 17. PROBATE
17.01 HOURS
The daily session of the Probate Division of Part 2 shall be from 9:00 to 10:30 a.m., Tuesday through Friday,
and shall be by appointment only. Please call or e-mail the Probate clerks to set an appointment.
[Adopted effective September 1, 2017.]
17.02 INTERESTED PARTIES
(a) Interested parties include a spouse, beneficiary, legatee, devisee, fiduciary, heirs, and income and
remainder beneficiaries of a trust.
(b) Notice and service of process is not required for an interested party who joins in a petition as a petitioner
or who files a sworn waiver or consent.
[Adopted effective September 1, 2017.]
17.03 PETITIONS
(a) A verified petition to probate a will, codicil, or other testamentary instrument or administer an intestate
estate shall set forth such information as is required by statute and these rules. This information shall include the
names, addresses, relationships of all legatees and devisees under the testamentary instruments, and the names of the
surviving spouse and next of kin.
(b) Notice of petitions for elective share, year’s support, homestead and exempt property shall be given to the
personal representative of the estate, attorneys of record, and all interested parties, including creditors if the estate may
be insolvent. If the personal representative is the surviving spouse, an Administrator ad litem shall be appointed.
[Adopted effective September 1, 2017.]
17.04 COMMON FORM PROBATE
Petitions for probate in common form may be heard by the Court or the Clerk.
[Adopted effective January 12, 2022.]
17.05 SOLEMN FORM PROBATE
Petitions for probate in solemn form shall be heard by the Court, after service of notice required by statute, at
a time and date set by the Court.
[Adopted effective September 1, 2017.]
17.06 SMALL ESTATES
Estates coming within the provisions of the Small Estates Act may be heard by the Clerk or the Court. Bond
shall be required in all small estates.
[Adopted effective September 1, 2017.]
17.07 CLAIMS
Verified claims must be filed with the Clerk in triplicate with any required supporting documents as provided
by statute. The Clerk may decline to accept claims submitted without the statutory fee.
[Adopted effective September 1, 2017.]
17.08 AUTHORITY OF MASTER
(a) Unless otherwise ordered by the Court, the Clerk and Master is authorized to act without a specific order
of reference as follows:
(1) hear applications for letters testamentary and of administration;
(2) adjudicate probate claims and exceptions thereto;
(3) determine year’s allowance to surviving spouse and minor children;
(4) preside over assignment of homestead;
(5) determine elective share of surviving spouse; and
(6) take and state all accounts and settlements.
(b) The Clerk and Master shall file a written report of findings and actions on the above matters.
(c) Rule 53 of the Tennessee Rules of Civil Procedure and LRCP 12 shall govern the procedures for Master’s
hearings and exceptions to or confirmations of Master’s Reports.
[Adopted effective September 1, 2017.]
17.09 INVENTORIES AND ACCOUNTINGS
(a) Inventories and accountings may be waived (i) if the Will so provides or (ii) if all of the residuary
beneficiaries or legatees file waivers excusing the personal representative from the requirement. If a residuary
beneficiary is under a disability or the estate is insolvent, a final accounting cannot be waived. A Sworn Statement in
Lieu of Final Accounting is required even if accountings are waived.
(b) Sworn Statements in Lieu of Final Accounting shall comply with all the requirements of the statutes and
shall state the gross taxable value of the estate. Approval of personal representative fees and attorney fees may be
included in the Sworn Statement.
(c) Notice of the filing and taking of an accounting must be as provided by law.
(d) The final accounting shall bear a certificate of the personal representative that the estate has been
distributed in accordance with the instrument admitted to probate, or, in intestate cases, in accordance with the laws of
descent and distribution.
(e) Upon failure to file accountings within the time required by law, the Court may revoke letters issued to a
personal representative and appoint the Public Administrator or a successor personal representative.
(f) If an estate is not closed within two (2) years from the date of qualification of the personal representative,
additional time to file accountings will be granted only upon motion and notice to interested parties.
[Adopted effective September 1, 2017.]
17.10 SUMMARY REMOVAL AND SANCTIONS
Failure to comply with statutory requirements or orders of the Court shall constitute grounds for summary
removal of the personal representative. In addition, the Court may impose sanctions, such as forfeiture of earned fees
and taxation of fees and costs against the defaulting party and its surety.
[Adopted effective September 1, 2017.]
17.11 FEES AND EXPENSES
(a) Court approval of legal fees and expenses is required in all circumstances unless: (i) they are approved in
writing by all interested parties or their legal guardians and (ii) they do not exceed the percentages of the estate value
set out in one of the following schedules, which are presumed reasonable in the absence of objection:
Gross Estate Schedule 1 Schedule 2 Schedule 3
1
st
20,000 5% 2.5% 1.25%
next 80,000 4% 2.0% 1.0%
next 150,000 3% 1.5% 0.75%
next 500,000 2% 1.0% 0.5%
over 750,000 1% 0.5% 0.25%
“Gross estate” for this purpose is the gross estate for inheritance tax purposes.
(b) Legal Fees and Expenses
(1)
apply Schedule 1 if the personal representative is not regularly engaged in the business of
administering estates or
(2) apply Schedule 2 if the personal representative is regularly engaged in the business of
administering estates.
(c) Personal Representative Fees and Expenses
(1) apply Schedule 1 if the personal representative is regularly engaged in the business of
administering estates or
(2) apply Schedule 3 if the personal representative is not regularly engaged in the business of
administering estates.
(d) If fees and expenses have not been properly approved as required by this rule or if objections are filed by
motion, the Clerk shall, on reference, determine a reasonable fee and report such to the Court.
[Adopted effective September 1, 2017.]
RULE 18. SALE OF REAL PROPERTY
18.01 PROPERTY DESCRIPTION
Complaints seeking a sale by partition, general lienor’s suits, and all other actions to sell real property shall
set forth the complete legal description and the street name and number of the property.
[Adopted effective September 1, 2017.]
18.02 ORDERS AUTHORIZING SALE
Unless otherwise specifically directed by the Court, all orders for the sale of property shall:
(a) state that the sale will be held on the western side of the Hamilton County Courthouse by public outcry to
the highest bidder for cash, and
(b) include the following information: (1)
map-parcel-group number, (2)
street address or, with a statement
that no street address is available, designation of the nearest intersection of public streets or roads, and (3)
complete
legal description of the property.
[Adopted effective September 1, 2017.]
18.03 ADVERTISEMENTS
The Clerk, in advertising the sale of real property, shall set out the street address, if available, as well as the
description as set forth in LRCP 18.02(b).
[Adopted effective September 1, 2017.]
18.04 ORDERS CONFIRMING SALE
Unless otherwise specifically directed by the Court, all orders confirming the sale of property shall:
(a) attach as an exhibit expressly incorporated in the order by reference the property description required by LRCP
18.02(b);
(b) contain the address of each grantee;
(c) contain the name and address for the mailing of tax bills; and
(d) direct the Clerk to make the following disbursements, where applicable: (1) appraisal fees; (2) attorney fees; (3)
brokerage fees; (4) claims or encumbrances such as mortgages, notes, and liens; (5) closing costs; (6) commissions on
real estate; (7) court costs; (8) court reporter fees; (9) deed preparation and filing (10) delinquent taxes; (11) guardian
ad litem fees; (12) property insurance prorated (13) recording fees; (14) rents prorated to closing date; (15) revenue
stamps; (16) survey fees; (17) taxes prorated current to closing date; (18) title insurance ordered and paid for; and (19)
balance of funds to listed recipients with their complete names, addresses, social security numbers, and percentage of
balance of funds to each.
[Adopted effective September 1, 2017.]
Appendix 1
Guidelines For Professional Conduct
Guidelines for Professional Courtesy and Conduct for the Practice of Law in Hamilton County,
Tennessee
Whereas, the guidelines herein embody the principles to which most lawyers already adhere but are set
forth here for ease of reference to benefit the community, practicing lawyers, the courts, and new
members of the bar; and
Whereas, in furtherance of these fundamental concepts, and in the spirit of the applicable rules of civil
and criminal procedure and rules of professional conduct, and in keeping with the long tradition of
professionalism among and between members of the bar; it is
Resolved, the following guidelines are set forth for the practice of law in Hamilton
County , Tennessee :
Guidelines for Professional Courtesy and Conduct in the Hamilton County Bar
1. COURTESY, CIVILITY, AND PROFESSIONALISM
1.1 I will address the Court, members of the court staff, opposing counsel and parties in a courteous,
civil, and professional manner.
1.2 I will maintain open and respectful communication with opposing counsel or pro se litigant and
will strive to avoid creating animosity or contention.
1.3 I will allow no client to dictate or influence my conduct, attitude, or demeanor toward opposing
counsel or pro se litigant. Even if called upon by a client to do so, I will refuse to engage in abusive or
offensive conduct against an opposite party. I will strive to treat adverse counsel, pro se litigants,
witnesses, and parties fairly, considerately, and professionally.
1.4 I will respect the schedule of opposing counsel or pro se litigant and be truthful about my own
schedule.
1.5 I will make representations in good faith on behalf of my client. I will make no purposeful
misstatement of fact or law, regardless of any pressure to do so.
1.6 I will return telephone calls and respond to all correspondence promptly.
1.7 I will make no promise or commitment to another lawyer or pro se litigant that I cannot honor.
1.8 I will seek no sanction against opposing counsel or pro se litigant for mere tactical advantage.
1.9 I will make no unfounded accusation of unethical conduct about opposing counsel or pro se
litigant.
1.10 I will strive to be punctual for a meeting, deposition, or court appearance.
1.11 I will advise my clients at the outset of their obligations of civility, courtesy, fairness,
cooperation, and other proper behavior expected of those involved in the legal system.
1.12 I will contribute time and expertise to those unable to afford legal representation.
2. SCHEDULING, CONTINUANCES AND EXTENSIONS OF TIME
2.1 I will respect the scheduling commitments of opposing counsel or pro se litigant, clients, and the
Court. I will consult opposing counsel or pro se litigant, when practical, before scheduling a trial,
deposition, or other Court proceeding. Alternatively, if I am unable to communicate with opposing
counsel or pro se litigant prior to scheduling a deposition or hearing, I will be willing to reschedule that
deposition or hearing if the time selected is inconvenient for opposing counsel or pro se litigant.
2.2 I will consent to the FIRST request for a reasonable extension of time to respond to a litigation
deadline unless time is truly of the essence. With later requests for extensions of time, I will continue to
give consideration to an opponent’s schedule. I will balance that consideration against the reasonableness
of the length of extension requested, opposing counsel’s or pro se litigant’s willingness to consent to
reciprocal extensions, the time actually needed for the task, and whether the Court would likely grant the
extension if asked to do so.
2.3 I will inform my client that decisions to consent to extensions of time belong to me and not to the
client, except where the rights of the client would be jeopardized.
2.4 I will advise my client against a strategy of granting no time extensions for the sake of appearing
“tough”.
2.5 I will not seek extensions or continuances for the purpose of delay or harassment.
2.6 I will notify opposing counsel or pro se litigant and the Court immediately if I need to seek a
continuance or cancellation of a trial, hearing, or deposition to avoid unnecessary preparation and expense
to opposing counsel or pro se litigant, the Court, and other parties.
2.7 I will attach no unfair and extraneous conditions to extensions. I may impose conditions to
preserve rights that an extension might otherwise jeopardize and seek reciprocal scheduling concessions. I
will not, by consenting to extensions, seek to preclude an opponent’s substantive rights.
3. DISCOVERY
3.1 I will consult with opposing counsel or pro se litigant in an attempt to resolve matters by
agreement before filing motions or requesting hearings.
3.2 I will attempt in good faith to resolve discovery issues with opposing counsel or pro se litigant
without protracted negotiation or unnecessary litigation. I will strive to present those issues that cannot be
resolved efficiently and without needless litigation to the Court.
3.3 I will refrain from engaging in unnecessary, excessive, or abusive discovery.
3.4 I will comply fully with reasonable discovery requests and will not engage in obstructive or
evasive tactics.
3.5 I will attempt to exchange information voluntarily without formal discovery requests.
3.6 Upon receiving an inquiry concerning a proposed time for a hearing, deposition, meeting, or other
proceeding, I will promptly agree to the proposal or offer a counter-suggestion that is as close in time as is
reasonably possible.
3.7 I will provide notice of cancellation of depositions and hearings to the Court and opposing
counsel or pro se litigant at the earliest possible time to avoid unnecessary preparation and expense.
3.8 I will avoid rudeness and other acts of disrespect in all meetings including depositions and
negotiations.
3.9 I will make service personally or by courtesy copy facsimile transmission when it is likely that
service by mail, even when allowed, will prejudice an opposing party.
3.10 I will promptly respond to all requests by opposing counsel or pro se litigant to stipulate to
matters that are undisputed or where no genuine basis for objection exists.
3.11 I will engage in settlement discussions with opposing counsel or pro se litigant at the outset of the
case or as soon as practical.
3.12 I will consider and discuss with my client the options of arbitration, mediation, or other forms of
alternative dispute resolution to more expeditiously and economically resolve the matter.
4. DEPOSITIONS
4.1 I will take depositions only when legitimately needed for the purpose of the case in which the
deposition is taken.
4.2 I will take no depositions to harass, embarrass, or disadvantage an opposing party, or to generate
expenses or fees.
4.3 I will make reasonable efforts to accommodate opposing counsel or pro se litigant and
deponent(s) in scheduling depositions, unless doing so would prejudice my client’s rights. Before issuing
a notice of depositions, I will attempt to make reasonable contact of all counsel of record or pro se litigant
and to agree on a schedule for all depositions.
4.4 I will engage in no conduct during a deposition that would be inappropriate in the presence of a
judicial officer.
4.5 I will engage in no intentional harassment or degradation of a deponent and will endeavor to
refrain from repetitive or argumentative questions.
4.6 I will make no inquiry into a deponent’s personal affairs unless the inquiry is reasonably
calculated to lead to the discovery of admissible evidence.
4.7 I will seek to limit my objections during a deposition to those well founded and necessary for the
protection of my client’s interest and will not use objections to harass or merely interrupt opposing
counsel or pro se litigant.
5. WRITTEN DISCOVERY
5.1 I will pose no objection to an interrogatory unless the objection is based on my good faith belief
in its merit and not for the purpose of delay or withholding relevant information. If an interrogatory is
objectionable only in part, I will answer the unobjectionable portion.
5.2 I will limit my requests for production of documents to those documents I actually and reasonably
believe are needed for the prosecution or defense of an action.
5.3 I will serve no requests for production to harass or embarrass a party or witness or to impose an
inordinate burden or expense on the responding party.
5.4 In responding to a request for documents, I will make no effort to interpret the request in an
artificially restrictive manner in order to delay or avoid disclosure. I will make no intentional production
of documents in a disorganized or unintelligible fashion in an attempt to hide or obscure the existence of
particular documents or facts.
5.5 I will delay no document production to prevent opposing counsel or pro se litigant from
inspecting documents prior to a scheduled deposition or for any other tactical reason.
6. TRIALS AND HEARING
6.1 I will be punctual and prepared for any court appearance.
6.2 I will promptly notify the Court and opposing counsel or pro se litigant of any need for a
continuance or cancellation of a trial, hearing, or other court proceeding to avoid unnecessary preparation
and expense to the Court and other parties.
6.3 I will submit a proposed order promptly to opposing counsel or pro se litigant and attempt to
reconcile any differences before presenting it to the Court. My proposed orders will reflect fairly and
accurately the rulings of the Court and nothing more.
6.4 I will respond promptly to a proposed order submitted by opposing counsel or pro se litigant.
6.5 I will serve no paper to take advantage of an opposing attorney’s or pro se litigant’s absence from
the office or to inconvenience the attorney or the attorney’s client, such as serving documents requiring
prompt reply on Friday afternoon or the day before a secular or religious holiday.
6.6 I will make no attempt to obtain an advantage by informal communication with the Court.
It is further and finally
Resolved, the Chattanooga Bar Association and the undersigned judicial officers in Hamilton County
hereby endorse and pledge their participation in educational seminars for the local bar to integrate these
guidelines into the practice of law.
Adopted by the Chattanooga Bar Association Board of Governors on this 17th day of October, 2001.
Adopted by the judicial officers in Hamilton County on this 17th day of October, 2001.
Appendix 2
Exhibit A
IN THE _________________________ COURT OF THE ELEVENTH JUDICIAL DISTRICT OF
TENNESSEE
_________________________________ *
Name (first, middle, last) *
* NO. ________________
Plaintiff *
*
vs. *
* DIVISION ____________
_________________________________ * OR
Name (first, middle, last) * PART ____________
*
Defendant *
LRCP 10 VERIFIED FINANCIAL STATEMENT TO BE SERVED
ON OPPOSING PARTY AT LEAST FIFTEEN (15) DAYS BEFORE TRIAL
1. List all joint assets (attach separate document if additional room is needed):
Assets
FMV
Encumbrance
Monthly
Payment
Purchase Price
Real Estate
Assets
FMV
Date of
Acquisition
Appreciation
During
Marriage
Spousal
Contribution
to Increase in
Value
Retirement Accounts
Investment Accounts
Assets
Statement Date
Balance
Bank Accounts
Assets
Date of
Acquisition
FMV
Encumbrance
Monthly
Payment
Personal Property
Vehicles
Liabilities
Date of
Incurrence
Remaining
Balance
Monthly Payment
Mortgage
Car Note
Car Note
Federal Income Tax
Credit Card
Credit Card
2. Wife’s separate property (attach separate document if additional room is needed):
Assets
Acquired Before or After Marriage
Liabilities
Acquired Before or After Marriage
3. Husband’s separate property (attach separate document if additional room is needed):
Assets
Acquired Before or After Marriage
Liabilities
Acquired Before or After Marriage
III. SIGNATURE AND VERIFICATION
The foregoing Asset and Liability Statement is true and correct to the best of my knowledge, information
and belief.
Signed at __________________________________ on _______________________________.
(Place) (Date)
____________________________________
Signature
____________________________________
Print
STATE OF TENNESSEE
COUNTY OF HAMILTON
Sworn to and subscribed before me this _______ day of ___________________, 20____.
____________________________________
Notary Public
My Commission Expires _______________.
Respectfully submitted,
, (BPR # )
Attorney for _______________________
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Order has been duly served upon the following parties
by placing in the U.S. Mail with sufficient postage thereon to carry same to its destination.
This day of .
By:
Tennessee Bar Number:
[Adopted effective September 1, 2017.]
Exhibit B
IN THE _________________________ COURT OF THE ELEVENTH JUDICIAL DISTRICT OF
TENNESSEE
_________________________________ *
Name (first, middle, last) *
* NO. ________________
Plaintiff *
*
vs. *
* DIVISION ____________
_________________________________ * OR
Name (first, middle, last) * PART ____________
*
Defendant *
LRCP 10 PARTIES’ JOINT ASSET AND LIABILITY STATEMENT FOR DIVISION OF
PROPERTY TO BE FILED AT LEAST TEN (10) DAYS BEFORE TRIAL
1. List all undisputed property to be awarded to husband.
Asset
FMV
Encumbrance
Monthly Payment
2. List all liabilities to be assessed to husband.
Liability
Amount
Owed
Monthly Payment
3. List all undisputed property to be awarded to wife.
Asset
FMV
Encumbrance
Monthly Payment
4. List all liabilities to be assessed to wife.
Liability
Amount
Owed
Monthly Payment
III. SIGNATURE
Signature of Wife
____________________________________
Signature
____________________________________
Print
STATE OF TENNESSEE
COUNTY OF HAMILTON
Sworn to and subscribed before me this _______ day of ___________________, 20____.
____________________________________
Notary Public
My Commission Expires _______________.
Respectfully submitted,
, (BPR # )
Attorney for _______________________
Signature of Husband
____________________________________
Signature
____________________________________
Print
STATE OF TENNESSEE
COUNTY OF HAMILTON
Sworn to and subscribed before me this _______ day of ___________________, 20____.
____________________________________
Notary Public
My Commission Expires _______________.
Respectfully submitted,
, (BPR # )
Attorney for _______________________
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Order has been duly served upon the following parties
by placing in the U.S. Mail with sufficient postage thereon to carry same to its destination.
This day of .
By:
Tennessee Bar Number:
[Adopted effective September 1, 2017.]
Exhibit C
IN THE _________________________ COURT OF THE ELEVENTH JUDICIAL DISTRICT OF
TENNESSEE
_________________________________ *
Name (first, middle, last) *
* NO. ________________
Plaintiff *
*
vs. *
* DIVISION ____________
_________________________________ * OR
Name (first, middle, last) * PART ____________
*
Defendant *
HUSBAND’S / WIFE’S (circle one) LRCP 10 PROPOSED DIVISION OF
MARITAL PROPERTY AND LIABILITIES TO BE FILED AT LEAST TEN (10) DAYS
BEFORE TRIAL
Joint Asset Proposed
to be Awarded to
Husband
Date of Acquisition
Purchase Price
Fair Market
Value
Joint Liability
Proposed to be
Assessed to Husband
Date Incurred
Amount Owed
Monthly Payment
Joint Asset Proposed
to be Awarded to
Date of Acquisition
Purchase Price
Fair Market
Value
Wife
Joint Liability
Proposed to be
Assessed to Wife
Date Incurred
Amount Owed
Monthly Payment
Disputed Separate Property
Date of Acquisition
Purchase Price
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Order has been duly served upon the following parties
by placing in the U.S. Mail with sufficient postage thereon to carry same to its destination.
This day of .
By:
Tennessee Bar Number:
[Adopted effective September 1, 2017.]
Exhibit D
IN THE _________________________ COURT OF THE ELEVENTH JUDICIAL DISTRICT OF
TENNESSEE
_________________________________ *
Name (first, middle, last) *
* NO. ________________
Plaintiff *
*
vs. *
* DIVISION ____________
_________________________________ * OR
Name (first, middle, last) * PART ____________
*
Defendant *
STIPULATION BY PARTIES
Come the parties, by and through their counsel, and hereby stipulate to the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
III. SIGNATURE
Signature of Wife
____________________________________
Signature
____________________________________
Print
STATE OF TENNESSEE
COUNTY OF HAMILTON
Sworn to and subscribed before me this _______ day of ___________________, 20____.
____________________________________
Notary Public
My Commission Expires _______________.
Respectfully submitted,
, (BPR # )
Attorney for _______________________
Signature of Husband
____________________________________
Signature
____________________________________
Print
STATE OF TENNESSEE
COUNTY OF HAMILTON
Sworn to and subscribed before me this _______ day of ___________________, 20____.
____________________________________
Notary Public
My Commission Expires _______________.
Respectfully submitted,
, (BPR # )
Attorney for _______________________
[Adopted effective September 1, 2017.]
Exhibit E
IN THE _________________________ COURT OF THE ELEVENTH JUDICIAL DISTRICT OF
TENNESSEE
_________________________________ *
Name (first, middle, last) *
* NO. ________________
Plaintiff *
*
vs. *
* DIVISION ____________
_________________________________ * OR
Name (first, middle, last) * PART ____________
*
Defendant *
LOCAL RULE 10.01(d) MEMORANDUM
i. Certification that the party’s Local Rule 10 statements have been filed _______initial
ii. Client seeks (please select one): divorce, legal separation, separate
maintenance or to remain married ____________
iii. Whether grounds can be stipulated to avoid proof (T.C.A. §36-4-129) ____________
iv. The names and ages of any children of the parties
________________ ________________ _________________ _______________
v. Whether the party seeks primary residential parent status of the child
or children ____________
vi. The amount and specific times of parenting time ____________
________________________________________________________________________
vii. The amount of child support sought
(Child Support Guidelines Worksheet must be attached). ____________
viii. The amount $ _____________ and type of alimony sought ____________
ix. The amount of attorney’s fee sought ____________
x. Certification that the above proposals were submitted to opposing
counsel at least ten (10) days before trial. _______initial
Appendix 3
ELEVENTH
JUDICIAL DISTRICT
HAMILTON COUNTY CHANCERY COURT
ELECTRONG FILING RULES
(E-FILING RULES)
_______________________
TABLE OF CONTENTS
1. Authority
2. Short Title
3. Definitions
4. Effect on Existing Local Rules
5. Rules
6. Electronic Evidence Procedures
7. Effective Date
1. AUTHORITY
In accordance with Rule 5B of the Tennessee Rules of Civil Procedure, the Chancery Court of
Tennessee, for the 11
th
Judicial District, Hamilton County, adopts electronic filing. Pleadings and
other papers filed electronically in the Chancery Court shall be considered the same as written
papers.
2. SHORT TITLE
These rules may be cited as “Hamilton County Chancery Court E-Filing Rules.”
3. DEFINITIONS
“Authorized Users” means the following persons who, upon completion of the registration
requirements or user account configuration, may E-File documents:
a. Attorneys licensed to practice law in Tennessee;
b. Pro Se litigants;
c. Law Enforcement Officers;
d. Process Servers;
e. Agents of Governmental entities;
f. Special appointed agents for Domestic Violence Support;
g. All Court judges and their staff; and
h. The Clerk and all deputy clerks in the Clerk’s Office;
“Case Management System” or “CMS” means a computer system operated by the Clerk’s
Office which maintains all case information. For the Hamilton County Clerk and Master the CMS
is TnCIS;
“Clerk” means the Clerk and Master of the Chancery Court of Hamilton County;
“Clerk’s Office” means the office of the Clerk and Master in the Hamilton County Courthouse;
“Convenience Fee” is a statutory fee charged in connection with electronic filing that is in
addition to statutory filing fees. See T.C.A. § 9-1-108(c)(4)&(5). The Convenience Fee covers the
cost of processing the credit card. The amount of that fee will appear with each credit card
transaction;
“Court” means the Chancery Court of Hamilton County and the Chancellors or Circuit Judges
sitting as Chancellors by Interchange thereof;
“Court Administrator” means the Chancery Court Deputy Clerk and Master designated by the
Clerk to administer TnCIS, the DMS, and internal users;
“Document” means a pleading, plea, motion, application, request, exhibit, brief, memorandum of
law, paper, or other instrument in paper form or electronic form which is permitted to be filed
pursuant to the TRCP and the Local Rules;
“Document Management System” or “DMS” means a computer system operated by the Clerk’s
Office which maintains all electronic and scanned paper documents filed in the Court in electronic
form. For the Hamilton County Clerk and Master, the DMS is Laserfiche.
“E-File” or “E-Filing” means the proper electronic transmission of original Documents to the
Court, and from the Court, for the purposes of recording information and Court documents to a
Court case or other official Court purposes. For purposes of these rules, e-filing does not include
the filing of faxed documents;
“E-Filer” is an Authorized User who has an E-Filing-approved username and password allowing
E-Filing of documents into the Court’s DMS;
“E-Filing Fee” is the fee an attorney or pro se litigant pays for using the E-Filing system. This fee
is $5.00 per filing up to a maximum of $50.00 per case or a $300.00 flat subscription fee per
lawyer, law firm, or pro se litigant for a one-year period starting on the date the flat fee is paid.
The flat fee pays all the E-Filing fees for all cases filed by that lawyer or pro se litigant
participates in, in any Court in the State using the Tybera E-Filing System. This fee is in addition
to the Convenience Fee charged by the credit card processor. The E-Filing Fee shall not be
assessed against the State, a party declared indigent or to that indigent party’s legal representative.
Tybera will keep an account of the amount of fees paid in each case;
“E-Filing Rules” means the Hamilton County Chancery Court E-Filing Rules;
“Electronic Court Filing System” or “ECF” means the software and services provided to
Authorized Users to E-File, review filings, and process information that is recorded to the Court’s
CMS and DMS. For the Hamilton County Clerk and Master the ECF is Tybera.
“Local Rules” means the Rules of the Chancery Court of Hamilton County, Tennessee, for the
Eleventh Judicial District;
“Notice of Association” means a method provided by the ECF that a pro se filer will use to link
the ECF Authorized User account to a case participant in TnCIS;
“Notice of Electronic Filing” or “NEF” means an electronic notice distributed by the ECF to
Authorized Users when court documents are E-Filed to a case. The notices are specific to a case
and are distributed to case participants or their legal representatives who are registered in the ECF
System, recorded in TnCIS as a case participant, and are linked between ECF and TnCIS;
“Party” or “Parties” means any person, including an individual, executor, administrator, or other
personal representative, or a corporation partnership, association or any other legal, governmental
or commercial entity, whether or not organized under the laws of this State, who is a party in a
case pending in the Court and is represented by an attorney or acting pro se;
“PDF” or “Portable Document Format” means a computer file format developed by Adobe
Systems for representing documents in a manner that is independent of the original application
software, hardware, and operating system used to create those documents. Converted Documents
must contain the “.pdf” file extension;
“Public Access Terminal” means a publicly accessible computer provided by the Clerk for
purposes of Allowing E-Filing and viewing of public electronic court records. The public access
terminal shall be located in the Clerk’s Office and made available during normal business hours.
The Clerk’s Office may also offer printed copies of the electronic court records and apply relevant
copying fees as permitted by relevant statutory and court rules;
“Statutory Fees” means those normal filing fees charged by the Court to file a lawsuit and other
usual fees charged by the Court in the course of the case;
“System Administrator” means the Tybera Development Group, Inc., management team that
supports the Court Administrator and the registration and support of Authorized Users;
“Terms of Use Agreement” means the agreement established by the Clerk(s) that sets forth the
parameters for the use of the ECF System by all Authorized Users;
“TnCIS” or “CMS” means the Tennessee Case Information System or Case Management
System software supported by Local Government, owned and controlled by the Tennessee
Administrative Office of the Courts, used to manage and record case information specific to
Tennessee;
“Traditional Filing” is a process by which a Party files a paper document with the Clerk;
“TRCP” means the Tennessee Rules of Civil Procedure;
“User Guide” means the recommendations and modification to procedures specific to the court.
All E-Filers should periodically check the Clerk and Master’s website,
http://www.hamiltontn.gov/Courts/ClerkMaster/, for updates to the User’s Guide. The ECF system
will provide a Filer’s User Manual specific to how to use the ECF system that will function for
state courts in all counties.
4. EFFECT ON EXISTING LOCAL RULES
These Rules are adopted as an appendix to the Local Rules of Court and do not supersede or
replace any other Local Rules of Court. Litigants may continue to engage in Traditional Filing.
5. RULES
a. Filings.
Any document may be E-Filed that could be filed in Court as a paper document pursuant to TRCP
and the Local Rules, except for the following case and document types:
Case Types:
a. Adoptions
b. Conservatorships
c. Guardianships
d. Order of Protection
e. Name Changes
f. Healthcare Liability/Medical Malpractice
g. Restoration of Citizenship
h. Surrender
Document Types:
a. Notice of Appeal
b. Confidential Statistical Information
c. Original Wills in probate matters
d. Creditor claims in probate matters
e. Requests for Temporary Restraining Orders pursuant to T.R.Civ. P. 65.03
E-Filing shall constitute the official filing of such documents unless excepted above.
The Court and the Clerk may issue, file, and serve notices, orders, and other documents
electronically.
b. Filings After Effective Date of These Rules.
Except as expressly provided herein, for all new documents filed on or after the effective date of
the E-Filing Rules, the Court shall accept as validly filed all documents that are filed through E-
Filing.
c. Case Files.
The Clerk shall maintain the original and official case file in electronic format for all new cases
filed on or after the effective date of these rules. Existing cases can be converted to e-filed cases at
the request of the litigants or their attorneys.
d. Time and Effect of E-Filing.
Any E-Filed document shall be considered as filed with the Clerk when the transmission of the
entire document is received by the Clerk. Any document received by the Clerk before midnight
local time of the Clerk’s Office shall be deemed filed on the date of such document otherwise
meets all the requirements for filing under the relevant rules of the Court. Upon receipt by the
Clerk of an E-Filed document, the Clerk shall electronically transmit a Transaction Receipt
indicating that the E-Filing has been received. The Transaction Receipt shall serve as proof of
filing.
The clerk may review the document to determine if it conforms with the applicable filing
requirements. If the clerk rejects the document for filing because it does not comply with the
applicable filing requirements or because any required filing fee has not been paid, the clerk must
promptly send notice to the registered user who filed the document; the notice must set forth the
reason(s) the document was rejected for filing. If the clerk rejects the filing, the clerk may, in his
or her discretion, give the filing party up to 3 days to correct the deficient filing; upon the filing
party’s timely submission of a corrected filing, the filing shall relate back to the date of the initial
filing. Notification that the clerk has accepted the document for filing is not required, however, the
notice of rejection requirement applies to all deficiency correction filings.
A document that is required to be signed, verified, notarized, acknowledged, sworn to, or made
under oath may be E-Filed only as a scanned image. The original document shall be maintained by
the filing party or attorney and shall be made available upon reasonable notice, for inspection by
other counsel, the Clerk, or the Court. Parties or their attorneys shall retain originals until final
disposition of the case and the expiration of all appeal opportunities.
If the E-Filing does not occur because of (1) an error in the transmission of the document to the
Clerk which was unknown to the sending party; (2) a failure to process the electronic document
when received by the Clerk; (3) rejection by the Court or Clerk; or (4) other technical problems
experienced by the E-Filer or the Clerk, the Court may, upon satisfactory proof, enter an order
permitting the document to be filed nunc pro tunc to the date the document was first attempted to
be filed electronically and may also extend the date for any response or the period within which
any right, duty, or other act must be performed.
e. Redaction and Under Seal Documents.
E-Filers must be sensitive to confidential and personal information filed publicly, not under seal.
E-Filers shall refrain from including, or shall redact as follows where inclusion is necessary, the
following personal identifiers from all documents filed publicly with the Clerk, including exhibits
thereto, unless required by statute or otherwise ordered by the Court.
It is the responsibility of the Authorized User to redact all documents that are E-Filed. When a
document includes sensitive data that otherwise would be redacted, the E-Filer must hand-file the
original and e-file the redacted version. Only the redacted version will be stored for public access.
The original must be filed with a motion to place the original unredacted document under seal. If
an entire document is requires to be placed under seal,when no redacted document is E-Filed, it
must be hand-filed with the Clerk and accompanied by a motion to place that document under
seal.
Exercise caution when filing documents that contain the following:
(a) Social Security Numbers. If a social security number must be included in a document,
only the last four digits of that number must be used;
(b) Dates of Birth. If an individual’s date of birth must be included in a document, only the
year must be used;
(c) Financial Account Numbers. If financial account numbers are relevant, only the last
four digits of these numbers must be used;
(d) Names of Minors. If a case includes a minor this information needs to be protected
from the public, the Authorized User should use a pseudo name in the documents and then file a
sealed document with the actual names.
(e) Personal identifying number, such as a driver’s license number;
(f) Medical records, treatment and diagnosis;
(g) Employment history;
(h) Individual financial information;
(i) Proprietary or trade secret information;
It is the sole responsibility of E-Filers to be sure that all documents comply with the rules of this
Court and the law requiring redaction of personal identifiers. The Clerk will not review each
document of redaction.
f. Form of Documents Electronically Filed.
Each E-Filed document shall be uploaded in a PDF format unless it is a proposed order for a judge
to review. The document should be formatted in accordance with the applicable Terms of Use
Agreement as well as the TRCP and Local Rules governing formatting of paper documents and in
such other and further format as the Court may require from time to time. Proposed orders can be
E-Filed in Microsoft Word format.
The E-Filer is responsible for verifying that the documents to be E-Filed are legible. Documents
that are not legible or scanned sideways will be rejected and will require the E-Filer to correct the
document and E-File them again. The corrected documents will be dated and time-stamped
according to the date and time of E-Filing the corrected documents.
In addition to the information required by TRCP 11 and any other Local Rule, the party or
attorney signing a document that is being E-Filed shall also follow the requirements in Rule 4.
g. Registration Requirement.
Persons who qualify as Authorized Users and who desire to electronically file a Document shall
register as an E-Filer on the ECF Website. The registration process requires the prospective user to
accept the User Agreement, identify their role for the account, enter their personal information,
their username and password, and submit the request. Attorneys must include a valid Tennessee-
issued Bar Number. There is an approval process that will occur. Once the approval process is
completed, the user will receive an email notifying them that their account is approved. The user
must then register their payment options and credit card with the ECF system and to each Court
with which the Authorized User will E-File. If the user does not receive an email, the user can try
to determine if their account is activated by logging into the ECF website.
E-Filers shall change their E-Filing profile immediately upon any change in firm name, delivery
address, phone number, fax number, or email address.
Attorneys who intend to practice Pro Hac Vice are not allowed to register. Out-of-State Attorneys
who are not admitted to the Tennessee Bar are required to associate with an attorney who has a
Tennessee-issued Bar Number, and they must follow the rules for participating in a case.
h. Notice of Electronic Filing (“NEF”).
When a person E-Files to a case, whether they are a case participant or not, notifications of the E-
Filing are distributed to Authorized Users that are recorded in TnCIS as case participants or legal
representatives. To receive notifications, participants must be Authorized Users and have an active
account in the ECF System. In order for the notification to recognize the association of an
Authorized User to a case, they must be recorded on the case in TnCIS as a pro se litigant or as a
legal representative with a Bar Number. TnCIS only maintains Tennessee-issued Bar Numbers.
All Authorized Users agree to receive their notices of documents which are E-Filed in their cases
electronically through the ECF system.
All Authorized Users must include a Certificate of Service on each pleading filed just as if it had
been filed on paper.
Pro se litigants recorded in TnCIS on a case must be registered Authorized Users in ECF and have
previously filed a Notice of Association that links the ECF user account to the TnCIS participant
ID.
The Court has the ability to configure when NEFs are distributed. Some notifications are
distributed when a filer submits the court documents in ECF. Some notifications are distributed
after clerk review and approval of the E-Filing. The Court has the ability to configure some
documents to not distribute notifications. This last condition may be used when a criminal warrant
for an arrest is issued through the ECF system and the Court does not want this information
distributed to parties on the case.
The NEF does not replace the need for service of process. The NEF satisfies the responsibility of a
filer to send service to other parties that are registered in the ECF System and linked as
participants on the case for secondary filings. This service does not replace the responsibility of E-
Filers to notify parties physically when they are not registered in the ECF system. The ECF system
provides a method to identify what case participants are Authorized Users and recorded in TnCIS
as participants in the case.
The NEF is distributed as an email and posted in the ECF web interface for access. The email is
not always reliable and considered a courtesy notice. It is the responsibility of each Authorized
User to login to the ECF and review their NEFs prior to ninety (90) days from the time the NEF is
posted to their user account. After ninety (90) days, the NEFs are cleaned up, and the information
is removed from the Authorized User’s account.
i. Payment of Filing Fees.
Court Costs. All E-Filed cases subject to statutory filing fees/court costs shall require payment of
such filing fees immediately upon filing unless excused by the Court. These filing fees must be
paid with a credit card at the time of E-Filing. Use of the E-Filing website constitutes the E-Filer’s
consent to process or change the credit card supplied. It is the responsibility of the Authorized
User to refer to the Clerk and Master’s website (http://www.hamiltontn.gov/Courts/ClerkMaster/)
or call the Clerk and Master’s office during office hours for a table of fees for cases and
documents filed. The ECF system will not calculate the fees in this release of the E-Filing system
(release one). When the ECF system provides an estimate in later releases, the Clerk is still
responsible for calculation of the fees which may be different from the estimates. This can occur
when the Clerk makes corrections to information entered by the filer.
Refunds due to improper collection will require the E-Filer to contact the Clerk’s Office directly.
The Clerk will issue checks for refunds. Refunds on a case will be paid to the owner of the credit
card used to make the payment.
E-Filing Fee. The E-Filing fee is in addition to the statutory filing fees. This fee is $5.00 per filing
up to a maximum of $50.00 per case or a $300.00 flat subscription fee per lawyer or pro se litigant
for a one (1) year period starting on the date the flat fee is paid. The flat fee pays all the E-Filing
fees for all cases filed by that lawyer or pro se litigant in any Court in the State using the Tybera
E-Filing System. This fee is in addition to the Convenience Fee charged by the credit card
processor. The E-Filing fee shall not be assessed against the State or to a party declared indigent or
to that indigent party’s legal representative. Tybera will keep an account of the amount of E-Filing
fees paid in each case.
Convenience Fee. The credit card vendor will charge a convenience fee for using the credit card
services. That fee is paid to the vendor at the time of the charge. Currently the Clerk & Master’s
Office uses LexisNexis as its credit card vendor. The convenience fee is 2.39% for credit cards.
Any charges less than $83.74 will have a standard convenience fee of $2.00. The convenience fee
for debit cards is a standard $2.00, and the convenience fee for online e-checks is $1.00.
Transaction Fees for Obtaining Copies. Neither the E-Filing Fee nor the subscription fee shall
limit a clerk’s authority to charge transaction fees for obtaining copies of documents maintained
by the clerk as part of an electronic filing system or a separate document management system.
1
j. Signatures.
A document that is required to be verified by a notary public, sworn to, or made under oath, or one
that requires multiple signatures may be E-Filed only as a scanned image of the original. The
original document shall be maintained by the Party or the attorney E-Filing the document and shall
be made available upon reasonable notice, for inspection by other counsel, the Clerk, or the Court.
Parties or their attorneys shall retain originals until final disposition of the case and the expiration
of all appeal opportunities.
Any document filed with an electronic signature must be filed using the user account of the
individual electronically signing the document. Any document signed and filed using the account
that matches the signature is considered binding on that individual even if that issuer shares their
username and password;
For all other documents that generally include an attorney’s or pro se E-Filer’s signature the
following pattern must be used:
/s/ John Doe (Authorized User’s name), TN BPR #0000 (if an attorney)
123 Main Street (Authorized User’s street address)
City, State, Zip Code
6. ELECTONIC EVIDENCE PROCEDURES
The Chancery Court of Hamilton County, Eleventh Judicial District has approved procedures for
electronic submission of evidence. These procedures may be cited as “E-Evidence Procedures” or
“EEP.”
Scope and Application.
(a) Electronic Evidence as defined below for use in any trial, hearing or motion docket may
(temporarily not mandatory) be submitted using Electronic Court Filing System “ECF.” These
EEP apply in all cases, contested matters and adversary proceedings.
(b) While the Court strongly encourages evidence to be submitted electronically, evidence will be
accepted by the Court or Clerk of the Court through traditional methods on a temporary basis until
such time that the Court orders that evidence will only be accepted electronically. Ample notice
will be given of such a requirement. Evidence that is submitted in Court during a hearing and
which is amenable to scanning will be scanned by the Clerk, entered into the electronic file, and
returned to the attorney or pro se litigant who submitted it to the Court. Maintaining all original
copies of the evidence, whether filed electronically or in paper will be the responsibility of the
filer.
(c) Evidence that is impractical or impossible to submit in electronic format—such as physical
1
See T.C.A. §8-21-401(o)(4). With regard to excepted filings, see T.C.A. §8-21-401(i) and §409.
objects, original documents when required and oversized documents not capable of conversion to
a format listed below—are not subject to EEP.
Definitions.
(a) ECF. Electronic Court Filing System maintained by the Circuit Court and the Chancery Court.
(b) Electronic Evidence. Includes, but is not limited to, documents, diagrams, charts, photographs,
audio file, video files, emails, texts, and power points that are electronically submitted for use at a
trial, hearing, or motion docket.
(c) Filer. An Authorized User who has an E-Filing approved username and password allowing E-
Filing of documents into the Document Management System (DMS) through the ECF.
(d) Flatten a PDF document. PDF documents may have editable fields. Flattening a PDF
document means to eliminate all editable fields from the PDF document so that it cannot be
modified other than by adding a date stamp.
Electronic Format Requirements.
(a) Allowable Formats. All electronic evidence must be submitted in one of the following formats:
- PDF
- PNG, GIF, JPB/JPEG
- WMV
- MP3
-PPT/PPTX
Any of the allowable formats can be compressed into a ZIP file.
(b) File size. The maximum file size for exhibits is 10.0 megabytes (MB). Exhibits may be
compressed in ZIP format only. Any compressed exhibit file shall not exceed 10 MB. If an exhibit
file must exceed 10.0 MB, the file shall be provided to the court clerk on a thumb drive the same
day that other exhibit files are submitted. Parties submitting files larger than 10.0 MB must also
provide the file(s) on thumb drive to all other parties due to receive them, and must comply with
requirements of the Document Management Protocol (DMP) below.
(c) Disabling of Security Features. Any security features in an exhibit file, such as passwords,
locked or editing features, must be disabled.
(d) All PDF documents must be flattened.
Document Management Protocol (DMP)
(a) For any trial, hearing, or motion docket all parties must access the exhibits using the ECF.
(b) Timing of Submission—Trials, Hearings, and Motion Dockets. Except as provided in a pretrial
order:
(1) All evidence must be submitted no later than 48 hours before trial, hearing, or motion
docket using ECF;
(2) Parties are to confer concerning the admissibility of electronic evidence, and 48 hours
before a trial, hearing, or motion docket designate in ECF exhibits to be admitted by
stipulation.
(3) Upon request, originals are to be made available for inspection.
(c) Identifying Exhibits
The following format must be used when submitting electronic evidence:
(1) The Exhibit Number or Letter. Descriptive Exhibit Name. The first component of the
file name shall be a number or letter, depending on the party’s role.
(a) Plaintiffs/Movants shall use numbers.
(B) Defendants/Respondents shall use letters. If the alphabet is exhausted, then
letters will repeat. For Example: “AA” or “AAA.”
(2) Descriptive Exhibit Name. The second component of the file name shall be a brief
description of the exhibit. It should be sufficiently descriptive to identify the exhibit, and it
should not contain any information the filer does not want displayed to the Court or to
other parties.
(3) Format of File. The third component of the file name is the extension which shall
identify the format of the file as listed above under electronic formats required.
(4) File Name Examples: (File names must be continuous and not have spaces or periods.)
(A) Example of Plaintiff/Movant exhibits:
1_Deposition_of_Jane_Doe_pdf
2_Photo_of_John_Doe_jpeg
(B) Example of Defendant/Respondent exhibits:
A_Photo_of_Childs_bedroom_jpeg
B_Letter_from_Mother_to_Father_pdf
C_Parties_2018_US_Income_Tax_Return_pdf
(d) Redaction
The Clerk of the Court will not remove or redact any electronic evidence containing personally
identifiable information, confidential information or proprietary information. The filer submitting
electronic evidence is responsible for redaction of such information, or limiting access to such
information.
(e) Equipment
The Court provides audio-video presentation equipment in each courtroom. Any additional
equipment required to view and/or listen to electronic evidence is the responsibility of the party
offering the evidence.
(f) Failure to Submit Evidence in Compliance with EEP
If a party fails to submit evidence in compliance with EEP, upon request of any other party, the
Court may:
(1) Prohibit the non-complying party from using the evidence at the hearing, trial, or
motion docket unless the failure was substantially justified or is harmless;
(2) On motion and after opportunity to be heard, order payment of the reasonable expenses,
including attorney’s fees, caused by the failure, and impose other appropriate sanctions.
7. EFFECTIVE DATE
These rules shall become effective on the 12th day of January, 2022.
