In The Circuit
Court FOR Cocke, Jefferson, Grainger, and Sevier Counties
Composing The
Fourth Judicial District
LOCAL RULES OF PRACTICE CRIMINAL
The following rules are promulgated to become effective immediately superseding the rules promulgated the 27th day of September, 1983 which are vacated by tile entry of this order.GENERALLY
Tennessee common statutory, and procedural law; the Rules of the Supreme,Court; Rules of Civil and Criminal Procedure; and the Code of Professional Responsibility shall in any and every event be applicable and controlling.
RULE 1 TERMS OF COURT1.01. Regular sessions of criminal court shall be held as follows:
Cocke County - 3rd Monday
of January, May, and September.
Grainger County - 2nd Monday of February and October.
Jefferson County - 1st Monday of March, July, and November.
Sevier County
- 1st Monday of April, August and December.
1.02. The Grand Jury shall be empanelled, charged, and sworn as follows:
Cocke County - 1st Monday of January, May, and September.The Grand Jury shall conduct its regular investigations on Rule Dates Published by court schedule more than thirty days before convening of tile Grand Jury and such other dates as may be scheduled.. Arraignment and Hearing dates likewise shall be by Court Rule published more than thirty days before :regular Special Rule dates for arraignment and hearing may be... scheduled as necessary.
2.01. Appearance bonds from bound over Sessions Court cases shall be to appear in Circuit Court on the next scheduled arraignment date.
2.02. Appearance bonds for presentments shall be conditioned to appear, arraignment date or the next available court date if arraignment date is past.
The report of the grand jury including indictments, presentiments, and recommendations shall be made in open court convened for the purpose of receiving that report. Following the roll call f the grand jury and such alternates as may have served specially the District Attorney General in the company of the grand jury foreman (or forelady as the case may be) and in the presence of tile grand jury and such officials and citizens as may be in attendance shall present the report to the court be received, announced and recorded by the Circuit Court Clerk. The Clerk shall read in open court tile no true bills, the indictments, and he, presentment a where the accused is already on bond. The Clerk shall seal presentments where the accused is not on bond, issue a capias, and file the presentments until the accused is in custody. The Clerk over the signature of tile Judge shall spread all proceedings on the minutes subject to the further orders of the Court.
4.01 All local lawyers engaged in active practice in each county shall be present at tile appointed hour on arraignment date unless expressly excused by the Court. (Every attorney of record hall appear at the appointed time whenever any issue is before the Court regarding that proceedings.)
4.02. Bound over defendants whose cases were not considered by the grand jury shall be discharged from bond unless continued bond is specifically ordered.
4.03. Defendants slit-ill personally appear with counsel for arraignment.
A. Attorneys for indigent defendants appointed in General Sessions Court shall be reappointed in Criminal Court except for good cause shown to the contrary.
B. Failure of a defendant to personally appear shall result in immediate forfeiture of bail, arrest, and incarceration subject to the further orders of the Court.
C. Presented defendants appearing without counsel, where indigent :shall have counsel appointed for them.
4.04. After being advised of the charges, the defendant shall have seven, days to file motions. Plea to the charges shall be postponed until appearance date.
5.01. All cases including those continued from a previous, term shall be automatically set for appearance and consideration.
5.02. All discovery shall be completed before the convening of court.
5.03. All plea bargain negotiations shall be concluded. 5.04. All motions other than to suppress shall be considered.5.05. All recommended dispositions shall be considered by the Court.
A. Expeditious conclusion of criminal charges is in the best interest of the accused and society for manifest reasons. The Court requires the personal presence of tile accused with his counsel and counsel for the State for good faith negotiations concerning a recommended disposition.; Plea bargains as recommended as well as plea refused and why shall be revealed to the Court then or at such other time as the Court may require.
(1) Recommendations of or review of refusal of diversion shall be considered.
(2) Where guilt is confessed, jury trial waived, and a free and voluntary plea of guilt entered, the Court will consider:
Recommendations as to the grade of offense, the sentence, the manner of its execution, the amount of time to be served, where it will be served, probationary conditions, and any other special limitations. b. Partial recommendations as to tile disposition of the charge as may be mutually agreeable between or among the parties.B . Where guilt is denied on a plea of not guilty, the case shall be set for trial.
C. After the appearance date the Court will accept no change of plea than a plea of guilt to the major charge or charges in the indictment or presentment at full risk to the accused of all consequences attendant thereto.
5.06. The Court retains all prerogatives as to ultimate disposition of the case Including all, common law and statutory powers to the end that justice may be served.
6.01. TRIAL SETTINGS. All cases not resolved on appearance date-shall be set for trial.
6.02. CONTINUANCE All applications for a continuance shall be heard tit the motion hour wherever the Court is then sitting. Continuances shall be by Court order only notwithstanding any agreement between or among counsel to the contrary.6.03. MOTIONS All pre-trial motions other than to suppress shall be considered on the appearance date. Suppression motions shall be considered on trial date..
6.04. NON-RESIDENT ATTORNEYS. A licensed non-resident attorney may associate a licensed attorney in this state in any case pending before the Court and will be allowed as a matter of courtesy to appear in such case without procuring a license when introduced to the Court as an attorney in good standing by his Tennessee associate. A. Every attorney who has appeared on-behalf of a party shall, be in attendance whenever any phase of the action is before the Court unless relieved by the Court. Failure to appear as scheduled is subject to sanctions as well as ex parte action by tile Court on' the pending issue.
6.05. OBJECTIONS. When making an objection to evidence, counsel shall state only the legal grounds therefore and shall not attempt to argue said objection In the presence of the jury except with the' permission of the Court.
6.06. INTERROGATION OF JURORS. No attorney, party, or representative of either, may interrogate a juror after the verdict has been returned without the prior approval of the Court and subject to the limitations then imposed.
6.07. CHARACTER WITNESSES. Character witnesses shall be limited to three except with the express permission of the Court.
7.01. Ail cases scheduled [or trial irrespective of the order of priority on the docket shall be ready for trial at 9:00 a.m. and thereafter until released by the Court.
7.02. Suppression motions shall be heard Immediately following jury selection and before jeopardy attaches.
The Court shall hear and consider any post-trial issues including sentencing, probation, motions for new trial, motions In arrest of judgment, motion for bail pending appeal, and-any other outstanding issue.
These rules shall be interpreted to accomplish of justice but may in instances, be suspended where justice so requires for the orderly and efficient administration, processing, and resolution of the litigation before the Court.
These local rules are ordered spread on the-minutes of the court in each county of the Fourth Judicial District. The Clerk Is directed to Mail a copy of these rules to each attorney in his or her county. The Clerk Is further directed to provide a copy of these local rules to every attorney who appears from outside the Fourth Judicial District immediately upon becoming aware of that representation.
Only those defendants and their attorneys who have reached a plea agreement with the State of Tennessee need to appear on Plea Day. Those defendants who intend to proceed to trial need only file through their attorney a written plea of not guilty and a notice of their intention to go to trial. This shall be filed with the Circuit Court Clerk before Plea Day. This will preclude the defendant and attorney from having to be present on Plea Day.
A copy of this Rule shall be posted in the office of the Circuit Court Clerk for each County in the 4th Judicial District. Likewise, a copy shall be given to each defendant on Arraignment Day.
This Rule shall take place immediately upon the filing of the same in the Circuit Court Clerk's Office of Cocke, Grainger, Jefferson and Sevier Counties.
The docketing procedure in all criminal cases for the 4th Judicial District will be as follows: The Attorney General shall submit a proposed criminal docket to the Presiding Judge, who shall approve as proposed, modify, or reject the same.
A copy of this Rule shall be posted in the office of the Circuit Court Clerk for each County in the 4th Judicial District.
This Rule shall take place immediately upon the filing of the same in the Circuit Court Clerk's Office of Cocke, Grainger, Jefferson and Sevier Counties.
1. The Specific Data Report previously required in criminal cases in this District is hereby abolished. It shall be the obligation of the Department of Corrections to provide only a record check of criminal convictions prior to plea day.
2. In all cases where a defendant is found guilty or pleads guilty without an agreed sentence, upon request of the defendant a pre-sentence report shall be ordered by the trial court. It shall be the responsibility of the defendant or defendant's counsel to request the same and complete the personal history questionnaire that is provided in each clerk's office and submit the same to the probation officer within forty-eight (48) hours after conviction or plea.
3. It shall be the obligation of the defendant or defendant's counsel to contact the probation officer pertaining to any information that said defendant request be included in the report.
4. Failure to comply with this Rule shall operate as a waiver of the pre-sentence investigation.
5 A copy of this Rule shall be posted in the office of the Circuit Court Clerk for each County in the 4th Judicial District.
This Rule shall take place immediately upon the filing of the same in the Circuit Court Clerk's Office of Cocke, Grainger, Jefferson and Sevier Counties.