Bradley County
McMinn County
Monroe County
Polk County

Including
Local Rules of Court
for the
Circuit, Chancery & Criminal Courts

Table of Contents

Rule 1 Assignment of cases .................Rule 10 Domestic Relations
Rule 2 Pleadings & Attorneys ..............Rule 11 Worker's Compensation
. ........of Record .................................Rule 12 Orders
Rule 3 Setting of Trial Dates ................Rule 13 Court Files
Rule 4 Depositions ..............................Rule 14 Criminal Appointments
Rule 5 Interrogatories ..........................Rule 15 Dispositions of Exhibits
Rule 6 Motions Depositions, Etc.
Rule 7 Continuances ...........................Rule 16 General
Rule 8 Courtroom Personnel ...............Rule 17 Bail Bond Companies
Rule 9 Settlements


Rule l.
ASSIGNMENT OF CASES

The Circuit Judges shall be responsible for disposing of the Civil and Criminal cases filed with the Circuit Court Clerk, and all Chancery cases filed with the Clerk & Master shall be disposed of by the Chancellor; however, when necessary for the efficient administration of justice, a Judge or Chancellor may hear and determine any matter of perform any duty by interchange without the necessity of transferring one case to another Court.

Rule 2.
PLEADINGS AND ATTORNEYS OF RECORD

2.01 Address.
All original pleadings must contain the addresses of the litigants.

2.02 Jury Demands.
In all pleadings in which a jury is demanded there shall be placed the words "JURY DEMANDED'" upon the face of the pleading immediately under the docket number or the space for the docket number. Once a jury is thus demanded, it is not necessary to place the words
"JURY DEMANDED" on subsequent pleadings.

2.03 Docket Number.
All Pleadings shall bear the appropriate docket number. The clerks shall disclose the docket number of each case at the time the original complaint or petition is filed.

2.04 Signature Block.
All pleadings shall be signed by the party filing the same or his counsel. In addition, the name of the person signing the pleading shall be typed or legibly printed immediately beneath the signature followed by the address required by TRCP 11. A firm named may also be added to the signature block if desired.

2.05 Attorney of Record.
All appearances and all requests for entry of attorney of record shall designate the name of the attorney primarily responsible for the case. The clerk shall enter that attorney's name on the rule docket. The attorney's firm name may also be shown on the rule docket.

RULE 3.
SETTING OF TRIAL DATES

Cases shall be set for trial in one of the following ways:
(1) By regular docket call. The Clerks shall issue notices to the attorneys of the date and time the docket will be ……sounded.
(2) By consent of the parties with the approval of the Judge, Chancellor, or Clerk.
(3) By the Trial Judge or Chancellor with reasonable notice to the parties or their attorneys.
(4) Ex parte matters at the request of the attorney by at least 4 o'clock on the preceding
…..day.

(5) Any request by an attorney to set a case for trial or a statement by opposing counsel agreeing to such setting shall constitute a certification that their respective sides are ready for trial.

RULE 4.
DEPOSITIONS

All depositions shall be completed no later than five (5) days prior to the date of trial unless
an extension is granted by the trial Judge.

RULE 5.
INTERROGATORIES

Interrogatories shall be limited to thirty (30), including subparts; which shall be counted as new questions, unless extra questions are permitted by the trial Judge.

RULE 6.
MOTIONS

6.01 Pre-trial Motions - Responsibility of Movant.
It is the responsibility of the moving party to call for a having of all pre-trial motions as far in advance of the trial as reasonably possible. All motions not call for disposition prior to the
trial date will be deemed to have been abandoned, except for extraordinary circumstances.

6.02 Motion Dates.
Motion dates will be set by the Judge of the respective Courts.

RULE 7.
CONTINUANCES

7.01 Judges Approval
No case may be continued by agreement of counsel except by approval of the Judge or
Chancellor.

7.02 Grounds - Absence of Witness
Absence of a witness will not be grounds for continuance unless the witness has been subpoenaed at lease five (5) days before trial, except in extraordinary circumstances.

RULE 8.
COURTROOM PERSONNEL

There shall be a court officer and a clerk in the courtroom at all times during the trial unless expressly excused by the trial Judge.

RULE 9.
SETTLEMENTS

The clerks and the trial Judge shall be notified as soon as possible of the settlement of any contested matter.

RULE 10.
DOMESTIC RELATIONS

10.01 Thirty Day Waiting Period.
No divorce case contested or non-contested, will be heard in either Chancery or Circuit Court until at least thirty (30) days from the date of service.

10.02 Disposition Period.
All uncontested divorce cases will be disposed of within six (6) months and all contested cases within one year unless an application for extension is approved by the Court.

10.03 Certificate of Divorce.
Plaintiff or counsel therefore shall simultaneous with the filing of a complaint for divorce lodge with the Clerk or Clerk & Master in whose court the complaint for divorce is filed a certificate of divorce upon forms provided by the Clerks (as promulgated by the state registrar of vital records). Said Certificate of Divorce shall be typed and completed with all required information except for information pertaining to the 'DECREE' section which is not known at the date of filing.

10.04 Dismissal - Taxation of Costs.
All orders dismissing any divorce actions where personal service of process has been had upon the defendant shall adjudge the court costs jointly and severely against both parties.

RULE 11,
WORKER'S COMPENSATION

No worker's compensation settlements will be heard until the complaint or petition has actually been filed with the Clerk of the Court.

RULE 12.
ORDERS

12.01 Attorney Responsible for Preparation.
All orders shall be prepared by counsel for the successful party and filed in the case, not later than ten (10) days from the date of the hearing or trial. The failure to submit the order within said time will make the attorney responsible for preparing same subject to sanctions.

12.02 Approval of Adversary Counsel.
All orders will be submitted to opposing counsel for their approval before submitting them to the Judge for execution. In the event counsel cannot agree upon an order, then an appointment will be sought with the trial Judge for a resolution of the differences.

RULE 13.
COURT FILES

No file may be removed from the office of the Circuit Court Clerk or Clerk & Master except by order of the Judge of the Court. No file will be checked out for a period in excess of seven (7) days except by specific order of the Court.

RULE 14.
CRIMINAL APPOINTMENTS

14.01 Attorneys Subject To.
Effective January 1, 1989, each attorney who maintains an office, advertises or practices regularly in an affected county will be placed on the appointment list for indigent defendants.

14.02 Procedure for Removal of Name.
Attorneys may be removed from the list by filing an affidavit with the Court claiming exemption under these rules.

14.03 Exemptions.
The following shall be grounds for claiming an exemption:
(1) Attorneys who have practiced law for at least twenty years and who do not intend to
accept criminal cases for a fee.
(2) Attorneys who do not practice in any trial Court.
(3) Attorneys whose income is derived from a governmental source and are forbidden by contract or rule of the contracting agency from practicing criminal law.

RULE 15.
DISPOSITION OF EXHIBITS,
DEPOSITIONS, ETC.

15.01 Items to be discarded.
Except as herein after provided, the Clerks of all Courts shall sixty (60) days after such time as a case is finally disposed of by entry of a Final Judgement, Final Order, Order of Dismissal, Order of Non-Suit, or any other applicable Order (e.g., order overruling motion for a new trial or motion to reconsider) remove from each court file and discard the following items:
(1) All depositions whether taken for discovery or proof;
(2) All exhibits (including those not actually maintained in the court file);
(3) Copies of all pleadings accompanying all nulla bona returns; and
(4) Jury strike lists.

15,02 Withdrawal by Party or Attorney.
After a case has been finally disposed of (and before the Clerk has discarded with same pursuant to Rule 15.01) a party may withdraw any deposition or exhibit by:
(1) Order of the Court;
(2) Written agreement signed by all parties and their counsel and filed with the Clerk; or
(3) Written notice filed with the Clerk signed by a party or his counsel specifically identifying each exhibit and/or deposition he intends to withdraw. A copy of this notice will be served upon each party or counsel as required by TRCP. In the absence of written objection filed by a party or his counsel within fifteen (15) days from the receipt by the Clerk of the notice of request to withdraw the requested exhibit and/or deposition. Any objection to the withdrawal of exhibits and depositions shall be resolved by the Court. Any written agreement or notice of request to withdraw exhibits or depositions shall at the end thereof contain a blank receipt to the Clerk for the items sought to be withdrawn to be signed by the party or his attorney upon the withdrawal of said items.

15.03 Exceptions.
The provisions of Rule 15 shall not apply to the following cases:
(1) Domestic Relations Cases involving the support and custody of minor children until all involved children have attained the age of majority.
(2) Cases on appeal. Once such cases have been finally disposed of either in the Appellate
Courts or in the Trial Courts upon remand this Local Rule 15 shall apply.

15.04 Effective Date.
The provisions of Rule 15.02 shall take effect immediately upon the adoption of this rule. The remainder of this rule shall not take effect until January 1, 1989 in order to allow the Clerks to circulate this rule to the bar. From and after January 1, 1989 the Clerks are directed to implement Local Rule 15 in its entirety.

Rule 16. General

16.01 Negotiations.
After the defendant's attorney has entered his name as attorney of record on the rule docket of the Court, no attorney will negotiate or compromise any matter with anyone except the attorney or record.

16.02 Jury Demand in General Sessions Court.
If a jury is demanded for a case in Sessions Court that case will be transferred to the Court of General jurisdiction where a jury will be provided to try the matter on the issues raised. After a determination by the jury of the issues, the case will be remanded to Sessions Court with a certification of judgment from the trial court, and the Sessions Court shall proceed to judgment on the case.

16.03 Suspension of Rules.
Whenever the Court determines that in the interest of justice a rule requires suspension, the
Court may suspend such rule.

16.04 Removal of Cases to U. S. District Court.
In cases which are removed to the U. S. District Court, counsel for the prevailing party shall notify in writing the Clerk of the Court form which the case was removed of the final disposition of the case in the U. S. District Court. Said notice shall be given to the Clerk within ten (10) days of the final disposition and shall indicate the prevailing party in the U. S. District court and against whom the costs were assessed. Said information shall be utilized by the Court in adjudication the costs of the local court. Failure to notify the Clerk as required by these rules shall subject the prevailing party in the U. S. District Court to the assessment of costs in the court from which the case was removed.

16.05 Photographs - Recording.
The taking of photographs and operation of sound or recording equipment in the courtroom is prohibited except by approved court reporters or by prior permission of the Court. The
clerk shall post a notice on the door of the courtroom.

16.06 Post Verdict Interrogation of Jurors.
No attorney, party or representative of either may initiate an interrogation of a juror who has not completed his term of service as a juror without prior approval of the Court. Approval of the Court shall be sought only by an application made by counsel orally in open Court; or upon written motion which states the grounds and the purpose of the interrogation.
If a post verdict interrogation of one or more members of the jury should be approved, the scope of the interrogation will generally be limited to ascertaining whether a verdict might be subject to challenge for the reasons set out in rule 606 (b) of the Tennessee Rules of Evidence. The scope of the interrogation and other appropriate limitations upon the interrogation shall be determined by the Judge prior to the interrogation.

16.07 Post Conviction Relief Petitions.
Post Conviction Relief Petitions shall be docketed by the clerk on the date of receipt. The Clerk shall immediately forward copies of same to the Judge who presided in the case which is the subject of the Petition, the local District Attorney and Petitioner's former counsel. The Clerk shall thereafter place the matter on the docket on the first available non-jury day following 30 days of the receipt of the Petition.

Rule 17.
BAIL BOND COMPANIES

17.01
Effective January 16, 1989, any person who desires to operate a professional bail bond company in any county in the Tenth Judicial District is required to post a minimum of twenty-five thousand dollars ($25,000.00) in cash with the Circuit Court Clerk of said county as security for bonds written. Interest will be paid to the bonding company by the clerk. If any additional security is posted, it must be in addition to the minimum cash deposit.

17.02
Any company operating on posted security may write bail bonds ten (10) times the amount of the security. Security is defined as the total amount of cash on deposit with the Circuit Court Clerk.

17.03
If a company writes bail bonds in an amount exceeding the ten-to-one ratio of penal sums against the posted security, the Circuit Court Clerk is ordered to obtain an order from any Judge of this Court, suspending the company from the approved list of bondsmen and to notify the suspended company and all inferior Courts of said suspension. The suspension shall remain in effect until the company posts the required amount of additional security or until the amount of penal sums written falls within the ten-to-one ratio, pending further orders
of the Court.

17.04
If a company has conditional forfeiture on bonds written which equal an amount in excess of the amount of security posted, the Circuit Court Clerk is ordered to obtain an order from any Judge of this Court, suspending the company from the approved list of bondsman, and to notify the suspended company and all inferior Courts of said suspension. The suspension shall remain in effect until the company has posted the required amount of additional security, or until the amount of conditional forfeitures falls within the ten-to-one ratio, pending further orders of the Court.

17,05
Any bail bonding company who employs an agent to write bonds must have each agent approved by a Judge of this District exercising criminal jurisdiction.

17.06
Statues concerning semi-annual reports will be strictly enforced. Any bonding company who fails to comply will be suspended after notice.