Local Rules of Practice
Chancery Court
Circuit Court,
Divisions I, II, and III
Circuit Court, Division IV
Criminal Court
Domestic Relations —Pendente Lite Hearings
General Sessions Court
Juvenile Court
Knox County Referee
Referee Child Support Hearings
(Chancery and 4th Circuit)
ADOPTED AUGUST 25, 1997
EFFECTIVE SEPTEMBER 2, 1997
Rule 1. ADOPTION OF RULES. These local rules are adopted for the Knox County Chancery Court effective September 2, 1997, replacing all previous rules and policies governing Chancery Court. Any of these rules may be waived or modified by the Court when the Court finds that justice requires the waiver or modification.
Rule 2. COURT SESSIONS. Subject to such variations as the Court may find necessary or convenient, the hours of Court shall be 9:30 A.M. to 4:30 P.M., subject to noon recess from 12 noon to 1:30 P.M., and with ex parte matters to be heard in chambers from 9:00 A.M. to 9:30 A.M.
Rule 3. COURT RECORDS. All Court papers and records shall be kept by the Clerk and Master, and no file may be withdrawn except by Court order.
Rule 4. COMPLAINTS AND PETITIONS; PROCESS; AND SUMMONS. Every complaint and petition shall respectively state the following, if known, for each party: residential address, place and address of employment, and social security number. Every complaint and petition shall also state the address of the place where each defendant or respondent may be served with process. When process is served by mail, in addition to the requirements of Rule 4.03(2) of the Tennessee Rules of Civil Procedure, the return receipt shall show the docket number of the case and shall be addressed to the Clerk and Master. Upon the filing of a complaint or petition for which a summons is required, the party or the party's counsel filing the complaint or petition may prepare and submit the summons for issuance by the Clerk and Master.
Rule 5. SUBPOENAS. All requests for subpoenas for trials or hearings shall be in writing and delivered to the Clerk and Master, or by filing a completed subpoena form lacking only the signature of the Clerk and Master, and shall state specifically the witness' full name, as well as where and when the witness may be served with the subpoena. The absence of a witness for a trial or hearing shall not be a ground for continuance unless a witness subpoena request complying with the above was accomplished by the party seeking the continuance no later than 7 days prior to the trial or hearing and the failure to obtain private service of a subpoena upon the witness is satisfactorily explained by the party seeking the continuance.
Rule 6. SUBPOENAS TO LAW ENFORCEMENT OFFICERS. Every law enforcement officer shall be deemed to have designated the desk sergeant of his or her headquarters as his or her agent for service of a subpoena provided that such service shall be accomplished no less than 72 hours prior to the time of appearance.
Rule 7. SETTING CASES, MOTIONS AND PRETRIAL HEARINGS. The Court will set all cases for trial and all motions and other matters for hearing, and give notice thereof, except that child support pendente lite hearing dates in domestic relations cases to be heard by the Referee will be assigned at the Clerk's counter. Persons desiring special settings and hearings should contact the office of the Court.
Rule 8. CONTINUANCES. Continuances may only be obtained for cause upon order granted upon written motion.
Rule 9. LIMITATIONS ON INTERROGATORIES AND REQUEST TO ADMIT. (A) Number. No party shall serve upon any other party more than 30 interrogatories or requests to admit, however numbered, lettered or sub-divided, without leave of Court. If a party is served with interrogatories or requests to admit exceeding 30, response to only the first 30 shall be made. Any motion seeking leave to serve more than 30 interrogatories or requests to admit shall set out each additional interrogatory or request to admit together with the reason establishing good cause for exceeding the limit of 30.
(B) Responses. The response to each interrogatory or request to admit shall be preceded by the interrogatory or request to admit.
Rule 10. COURT COSTS. All orders and judgments which tax costs shall contain both the home address and employment address of those charged with all or any part of the costs of the cause. In any event, the bill of costs may be sent to those responsible for costs in care of the attorney for such responsible person(s).
Rule 11. ENTRY OF JUDGMENT AND ORDERS. All judgments and orders shall be tendered for entry within 7 days after the decision or ruling by the Court. It shall be the initial duty of the prevailing party or the prevailing party's counsel to prepare the judgment or order and to submit it to all other parties or counsel for approval. In the event that there is no response thereto, or the parties or counsel do not agree upon a proposed judgment or order any party may serve a proposed judgment or order on all other parties or counsel with notice thereon of an in chambers hearing for entry of the judgment or order which hearing shall be set through the Chancellor's secretary. Any other party or counsel may tender a proposed judgment or order to the Court with the signature of that party or counsel together with the certificate of that party or counsel that a copy of the proposed judgment or order has been served on all other parties or counsel.
Rule 12. NOTICE OF ENTRY OF JUDGMENT: MAILING. Any party or counsel requesting the Clerk to mail or deliver a copy of the entered judgment to all parties or counsel under TRCP 58.03 shall present with the judgment a list of all parties or their counsel entitled to receive notice with their current mailing addresses and payment of an amount as determined by the Clerk and Master to be sufficient to pay for mailing.
Rule 13. DOMESTIC RELATIONS CASES. (A) APPLICATION. The provisions of Rule 13 apply to all actions for divorce, child custody, visitation, child support and alimony. The Domestic Relations Local Rules and Policies of September 1, 1989, are no longer in effect in Chancery Court.
(B) INFORMATION IN PLEADINGS. Each initial pleading or motion shall set forth the information required by Rule 4 of these Rules, and where there are minor children the social security number of each child as well as the information required by T.C.A. 36-6-210.
(C) TIME PERIOD BEFORE HEARING. No action for granting of a divorce shall be heard until it shall have been at issue or subject to default for 30 days.
(D) PRETRIAL AFFIDAVIT AND PROPERTY LIST. No later than 5 days prior to trial in actions for divorce, both parties shall file a joint affidavit outlining their income and their expenses together with a joint list of property and debts listing their separate property and marital property; listing their debts; proposing a division of the marital property and marital debts; and if alimony or spousal support is demanded, the type, amount, duration, and the statutory basis for the granting of the demand. Should the parties dispute a classification of property as being separate or marital, they shall separately list the same in their affidavit as disputed. No later than 5 days prior to trial, the parties shall also exchange copies of their U.S. Income Tax Returns for the 2 tax years next preceding the trial date, regardless of whether the returns were filed by the parties with each other jointly. If a party's tax return has not been filed for either or both of the 2 tax years next preceding the trial date, that party[,] in lieu of the tax return or tax returns not filed, shall give to the other party copies of all of the documents that reflect all of the income for the party each of the 2 years for which a tax return has not been filed.
(E) CHILD SUPPORT.
(i) REFEREE HEARINGS. The Referee shall be limited to hearing, and shall hear, all petitions to grant or change child support and alimony provided alimony matters shall be only heard by the Referee when child support is also at issue. The Referee shall not set any petition for hearing in any matter unless a parent has filed an application in the case for support services pursuant to Title IV-D of the Social Security Act.
(ii) CHILD SUPPORT AND ALIMONY FINANCIAL STATEMENTS. Upon the filing of a petition or motion seeking the modification of child support or alimony, each party shall file, no later than 5 days prior to the hearing, an affidavit listing the assets, debts, gross monthly income and monthly living expenses of each party to the extent known to the filing party, as well as any other relevant financial facts that the filing party desires the Court to consider.
(F) CO-PARENTING AND VISITATION TIME. Absent an order of the Court otherwise or an agreement of the parties, which is approved by the Court, the following are guidelines for minimum co-parenting and visitation times. If one parent has sole custody, the other parent shall have the children as hereafter provided for a non-residential custodial parent:
(i) Regular Times. The non-residential custodial parent shall have co-parenting or visitation rights with the parties' minor children during the first and third weekend of each month commencing on the first Friday of the month with weekend times running from 6:00 P.M. Friday to 6:00 P.M. Sunday. The non-residential custodial parent shall be entitled upon request to co-parenting or visitation rights with the parties' minor children one evening during each week between the hours of 5:00 P.M. and 9:00 P.M., which shall be Wednesday unless the parties agree otherwise.
(ii) Additional Times. Summer. The non-residential custodial parent shall also have the parties' minor children during 2 weeks in the summer which, absent agreement, shall be July 1 to July 14. Thanksgiving: The residential custodial parent shall have the parties' minor children on Thanksgiving in even years and the non-residential custodial parent shall have the parties' minor children on Thanksgiving in odd years; the Thanksgiving period is from 6:00 P.M. Wednesday before Thanksgiving to 6:00 P.M. Sunday after Thanksgiving. Christmas: The residential custodial parent shall have the parties' minor children on Christmas Eve continuing until 2:00 P.M. on Christmas Day, and the non-residential custodial parent shall have the parties' minor children from 2:00 P.M. on Christmas Day until December 31 at 6:00 P.M. On Mother's Day minor children shall be with the mother, and on Father's Day with the father; such days shall begin Sunday at 11 A.M. and end Sunday at 6:00 P.M.
(iii) Conflict Between Regular And Additional Times. To the extent of any conflict between the schedule for regular times as set forth in subsection (i), and the schedule for additional times as set forth in subsection (ii), the schedule in subsection (ii) for additional times shall control.
(iv) Exchange of Children. All exchanges of the parties' minor children are to be between 6:00 P.M. and 6:15 P.M. except as otherwise specially provided above. The receiving parent shall pick up the children at the other parent's residence.
(G) Reconciliation. In reconciliation situations, if the cause is not simultaneously dismissed, an Order of Reconciliation shall be entered.
(H) Documents not to be filed. Pursuant to Rule 5.05 of the Tennessee Rules of Civil Procedure, the following shall not be filed with the Court in domestic relation cases except pursuant to special order of the court or for use in proceeding: depositions upon oral examinations; interrogatories; request for documents; request for admissions; and answers and responses thereto.
(I) Injunctions. Pursuant to Rule 65.07 of the Tennessee Rules of Civil Procedure, unless otherwise ordered by the Court, temporary injunctions granting relief during the pendency of a domestic relations case may be issued without hearing upon verified complaint or petition or affidavit showing that the applicant's rights are being or will be violated by the adverse party and that the applicant will suffer immediate and irreparable injury, loss or damage before notice can be served and a hearing had thereon. A hearing to dissolve or modify the temporary injunction may be had upon motion.
Rule 14. SETTLEMENT OF CASES INVOLVING WORKERS' COMPENSATION CLAIMS AND DISABLED PERSONS. All pleadings must be filed with the Clerk and Master before hearing in all workers' compensation settlements and settlements involving minors and incompetents or disabled persons.
Rule 15. APPLICATION FOR FEES. All applications for attorney's fees and expenses shall be supported by a statement, verified by the attorney under oath, setting forth in detail the basis for the fees sought. The criteria in DR 2-106 of Rule 8, Supreme Court Rules, will control the awarding of the attorney's fees.
Rule 16. GUARDIAN AD LITEM APPOINTMENTS. In all cases involving the appointment of a guardian ad litem, the party seeking relief shall present the Court with a proposed order providing for the appointment of a guardian ad litem leaving a space blank for the Court to insert the name of the guardian ad litem.
Rule 17. PROBATE DIVISION FILINGS. All proceedings, claims, and accountings concerning the administration of a decedent's estate, including testamentary administration, intestate administration, and testamentary trustee proceedings, as well as proceedings for the appointment of a guardian for one entitled to funds in the hands of a personal representative of a decedent's estate, shall be filed in the Probate Division of Chancery Court. All other proceedings, including guardianships, conservatorships, and other fiduciary matters, shall be filed in the other division of the Chancery Court, known as “Chancery Court.”
Rule 18. PROBATE HEARINGS. The Clerk and Master shall have all of the authorization afforded to the Clerk and Master under T.C.A. § 16-16-201(b) except that applications for fees shall be heard by the Chancellor; however, the Chancellor may, by a special order of reference, appoint the Clerk and Master to conduct hearings upon applications for fees. Counsel or unrepresented parties may have probate matters set for hearing by requesting a setting from the office of the Probate Division of the Chancery Court.
Rule 19. CLERK AND MASTER REPORTS. Orders of reference to the Master shall be in accordance with Rule 53 of the Tennessee Rules of Civil Procedure; provided, a transcript of the proceedings and of the evidence shall be deemed waived unless the order of reference specifically requires a transcript of the proceedings and of the evidence. Upon the expiration of the time for the filing of an exception to the Clerk and Master's report, the Clerk and Master shall prepare an order for entry by the Chancellor approving the Master's Report which order shall not require the signature of the parties or the attorneys of record, but shall be mailed by the Clerk and Master to all attorneys of record and all unrepresented parties. The Clerk and Master shall affix his certificate to the order that he has mailed the order as required by this rule.
Rule 20. JUDICIAL SALES AND TITLE OPINIONS. Upon the entry of an order, decree or judgment directing the sale of real property, the Clerk and Master shall cause to be filed a title opinion issued by an attorney whose practice includes a substantial amount of real property title examinations. The expense of the title opinion shall be taxed as a cost of the cause to be deducted and paid from the proceeds of the sale unless otherwise specifically ordered.
Rule 21. JUDICIAL SALES: “ACCORDING TO LAW.”In the event an order, decree, or judgment of sale directs the Clerk and Master to “sell according to law,”such provision shall be deemed to mean, unless otherwise expressly provided by Court order, that the Clerk and Master shall conduct the sale in accordance with the provisions of T.C.A. § 35-5-101 et seq. with the sale to occur at the City-County Building, within the corridor of the Main Street entrance, near the Large Assembly Room, 400 Main Street, Knoxville, Tennessee, and with the sale to be for cash. Unless otherwise expressly provided by Court order, the term, “cash,”shall mean 10% down on the day of sale with the balance to be paid in full to the Clerk and Master within 30 days from the sale date. In the event of such a sale for cash within the above meaning, the Clerk and Master may take a note from the purchaser, without interest, payable within thirty (30) days from the date of sale, for the balance to be paid in full to the Clerk and Master within thirty (30) days from the sale date and may retain a lien on the property sold as further security.
Rule 22. CORPORATE PURCHASES AT JUDICIAL SALES. Unless otherwise authorized by the Court, any purchase by a corporation of property on a credit at a judicial sale shall be guaranteed by two individuals who reside within Knox County, Tennessee.
Rule 23. LEGAL ADVICE BY COURT PERSONNEL. All Court personnel are forbidden from interpreting any rules of procedure or giving any legal advice. Notice is hereby given to all persons that Court personnel assume no responsibility for any misinformation regarding substantive law, procedural rules, local rules or local customs.
EFFECTIVE JULY 1, 2000
The Clerk shall assign each new case to a particular Division of the Court under a procedure as approved by the Judges of the three Divisions of the Court. The procedure shall provide for an equal distribution of the cases filed among the three Divisions.
All process that is to be served by the Knox County Sheriff 's officers shall include sufficient information and instructions to enable the officer to locate and serve all persons who are to be served with the process.
All requests to subpoena witnesses for a trial must be filed with the Clerk at least ten (10) days prior to the date of trial.
All court files shall remain under the custody and control of the Clerk and shall not be withdrawn from the Clerk's office.
No discovery papers shall be filed with the Clerk unless they are being relied upon by a party in a Motion hearing or being used by a party in trial.
No attorney or litigant may submit to an opposing party interrogatories containing more than thirty (30) questions, regardless of how they may be numbered or lettered, without leave of the court in advance of service upon the opposing party.
All Motions to compel discovery will be accompanied by a proposed Order which will be a entered ten (10) calendar days after filing unless the adverse party requests in writing a hearing prior to the expiration of the ten day period.
Motions may be decided by the Court without oral argument. If any counsel or pro se party is unavailable upon a day on which a Motion is set for oral argument, such counsel or pro se party shall obtain another date acceptable to the Court and all other counsel, and shall submit an order before the date of the scheduled hearing approved by all counsel and pro se parties setting the Motion for hearing on such alternate date.
Appeals from the General Sessions Court or from a Municipal Court will be dismissed and the decision of the lower Court reinstated if the appealing party fails to appear on the date the appeal is set for trial.
At the opening and closing of each session of the Court, all persons in the Courtroom not limited by a physical condition will stand and will remain standing until the Court is formally opened or closed by the Court Officer.
Attorneys and parties acting pro se shall stand while addressing the Court or questioning witnesses unless excused by the Court because of physical or health conditions.
The area between the bench and the bar in the courtroom is for the use of the litigants and counsel in the cases being considered by the Court. Any staff or others assisting counsel should notify the Court Officer so that the first row behind the bar can be made available for their use.
The Clerk shall set cases on the trial dockets on such dates and in such number and order, as the Judge of each Division of the Court shall specify.
Cases set for trial may be removed from the trial docket only by an Order signed by the Judge of the Division to which the case is assigned.
Court reporters employed by a party or parties shall fill out and file with the Clerk the Court approved form.
The prevailing party upon any Motion or a trial shall prepare an appropriate Order or Judgment for entry in the case. The Judgment or Order shall be filed with the Clerk within ten (10) business days following the Court's ruling or trial. It shall be approved by all counsel of record and any pro se parties, or shall bear a certificate of service on any counsel or pro se party who refuses to approve it as required by TRCP Rule 58(2).
Any counsel or pro se party who refuses to approve an Order or Judgment shall file an alternate proposed Order or Judgment with the Clerk within (5) five business days following service of the proposed Order or Judgment filed by the prevailing party. Such alternate proposed Order or Judgment shall bear a certificate of service as required by TRCP Rule 58(2).
EFFECTIVE JUNE 13, 1994
Rule 1. Adoption of Rules. It is ordered that these local rules are adopted for the Knox County Circuit Court, Division Four, Sixth Judicial Circuit, effective June 13, 1994, replacing all previous local rules governing Fourth Circuit Court.
Rule 2. Obtaining Settings for Pre-Trial and Post-Trial Motions. All pre-trial and post-trial motions shall be set by counsel with the Clerk. Motions are limited to one hour. The motions will be heard and disposed of in open court upon motion days. By agreement of counsel and the Court, certain motions may be heard at other times in chambers.
Matters requiring more than one hour for hearing shall be set by the Judge's Secretary upon request by counsel.
Rule 3. Obtaining Settings for Trials. Settings in all newly commenced litigation in which an answer or answer/counterclaim has been filed will be set by counsel upon application to the Judicial Secretary.
Rule 4. Obtaining Settings for Uncontested Matters. Counsel will set all uncontested matters by obtaining settings from the Clerk. The Clerk will provide a date for prompt hearing pursuant to statutory periods. At the request of counsel, uncontested matters may be set upon the chambers docket. Those matters will be heard in chambers in the chronological order of setting. When the hour is reached for the opening of Court, all remaining uncontested matters will be carried over for hearing at the head of the Courtroom docket.
No divorce, be it on irreconcilable differences or other grounds, contested or uncontested, shall be heard until it has been subject to default for thirty (30) days, or at issue for at least that period. For example, a fault divorce filed on Day 1, answered on Day 2, can be heard on Day 32. The same divorce, unanswered, can be heard on Day 60.
Rule 5. Obtaining Settings for Child Support Matters. The Referee shall hear all pre- and post-divorce trial child support matters, including URESA matters, and also all alimony, visitation, and custody matters where child support is at issue. If the Referee determines that such visitation or custody issues are not ancillary to child support, the Referee shall refer visitation and custody issues to the appropriate court for hearing.
Rule 6. Continuances. Continuances may be obtained only from the Court, for good cause shown and upon approval and entry of an appropriate order prepared by counsel.
Rule 7. Social Security Numbers Required for All Domestic Relations Filings. All divorce complaints and all new filings in previously concluded domestic cases shall set forth the social security numbers of the parties and (if possible) of their children.
Rule 8. UCCJA Declarations. Pursuant to Tenn. Code Ann. § 36-6-210, all filings in which the custody of a child is at issue shall set forth the information required by the statute.
Rule 9. Financial Data. (A) Financial affidavits of income, expenses, debts, and assets shall be filed by counsel at or before all hearings in which financial matters are at issue. Where pendente lite support hearings have been held, the earlier filed affidavits shall be updated by the filing of a revised affidavit on or before the day of trial.
(B) A party requesting pendente lite child support shall file the following documents with the complaint for divorce, or with a motion for pendente lite support filed subsequent to the filing of a complaint for divorce:
1. a copy of the previous year's joint tax return, or a copy of the individual return of the other party, if available;
2. an estimated financial statement of the other party's gross income for the preceding year, and an estimate of the other party's average monthly gross and net income;
3. an affidavit of the requesting party's average monthly expenses.
The defendant (responding party) shall file and serve with his/her answer or response to the motion the following documents:
1. a responsive financial affidavit setting forth his/her average monthly gross and net income and average monthly expenses;
2. the most recent paystub and all other documents reflecting year-to-date income;
3. the previous year's tax return, if filed.
Upon the filing of a motion for pendente lite support and the submission of a proposed order to the court, the issue shall be adjudicated by the child support referee on the basis of the above documents filed, but not until the responding party has had appropriate time under the Tennessee Rules of Civil Procedure to respond to the complaint or the motion requesting support. The order of the referee reflecting the adjudication shall be served on both parties or their counsel. Either party may appeal the ruling within ten (10) days following receipt of said order and request a hearing before the referee on the issues adjudicated. If such a hearing takes place, a party shall have ten (10) days to appeal the findings and recommendations of the referee to the judge of the Fourth Circuit Court.
(C) A party requesting pendente lite spousal support shall file:
(1) the documents identified in the rule regarding pendente lite child support with his/her complaint for divorce, or with a motion for pendente lite spousal support filed subsequent to the filing of a complaint for divorce;
(2) a financial affidavit reflecting his/her average monthly expenses and income;
(3) his/her previous year's tax return
(4) his/her most recent paystub reflecting year-to-date income; and
(5) a statement regarding the application of any of the other statutory factors contained in Tenn. Code Ann. § 36-5-101 which that party wishes to be considered by the Court.
The respondent shall then file:
(1) the responsive documents set forth for pendent lite child support in the manner provided for therein;
(2) an affidavit of his/her average monthly expenses
(3) an estimated financial statement of the other party's gross income for the preceding year;
(4) an estimate of the other party's monthly gross and net income, as well as other party's average monthly expenses; and
(5) a statement regarding the application of any of the other statutory factors contained in Tenn. Code Ann. § 36-5-101 which the Respondent wishes to be considered by the court.
Upon submission of a proposed order to the Court, and after the responding party has had appropriate time under the Tennessee Rules of Civil Procedure within which to respond to the request for support, adjudication of pendente lite spousal support issues shall be by the judge on the basis of the documents submitted by the parties, unless there is also pending a request for pendente lite child support, in which case both requests will be dealt with by the referee.
The order reflecting the adjudication shall be served on both parties or their counsel. Either party may appeal the ruling and request a hearing within ten (10) days following receipt of said order. Appeals in cases in which there are issues of child support shall be dealt with by the referee. Appeals in cases in which there are no issues of child support shall be dealt with by the judge of the court in which said action is filed. A party shall have ten (10) days to appeal findings and recommendations of the referee to the judge. [Amended effective January 1, 2000.]
Rule 10. Pre-Trial Stipulations as to Separate and Marital Property. At least forty-eight (48) hours before the day of trial, the parties shall file with the Clerk three (3) JOINTLY EXECUTED AGREED STIPULATIONS as to real and personal property, setting forth, pursuant to the criteria of Tenn. Code Ann. § 36-4-121: (1) the real and personal separate property and debt of each of the parties; (2) the real and personal marital property and debt of the parties; (3) the remaining real and personal property and debt of the parties, the character of which is disputed and to be decided by the Court. This last item consists of all real and personal property and debt of the parties not covered under the first two stipulations.
If either party separately desires —or the parties together desire to do so —he/she/they may additionally propose to the Court, at trial, after complying with the foregoing paragraph, a division of all or part of the marital property. The Court is not bound by the proposal, but will give proper consideration to the wish(es) of the party/parties.
Rule 11. Tax Filings of Previous Year. In all contested matters, the parties shall file with the Court, on or before the day of trial, their tax filings of the previous year. This rule shall not preclude or limit counsel's right to discover same earlier.
Rule 12. Medical Insurance. Any party ordered to maintain medical insurance coverage for minor children shall provide the other party with all necessary documents evidencing proof of coverage. The duty is a continuing one. Medical expenses include but are not necessarily limited to medical, dental, orthodontic, psychiatric, and psychological expenses.
Rule 13. Criterion Day. In all orders and judgments specifying a numbered weekend or weekends of a month, Friday shall be the criterion day. For example, if March 1st is a Friday, that is the first weekend of the month. If March 1st is a Saturday, the first weekend of the month begins on Friday, March 7th.
Rule 14. Orders of Reconciliation. In all cases of reconciliation, if the cause is not simultaneously dismissed by the plaintiff/parties, an order of reconciliation using substantially the following language shall be submitted by counsel:
It appearing to the Court that a Complaint for Divorce was filed by the Plaintiff herein on _______, and it further appearing upon written stipulation of the parties that they desire to attempt a reconciliation of their differences without jeopardizing the cause of action now pending, as evidenced by their signatures upon this Order,
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED as follows:
1. That in accordance with Tenn. Code Ann. § 36-4-126, all proceedings in this cause are hereby suspended without prejudice for a period of six (6) months.
2. That during the period of suspension the parties may resume living together as husband and wife and their acts and conduct in so doing shall not be deemed a condonation of any prior misconduct.
3. That this Order shall continue for a period of six (6) months from entry, at which time the Court shall dismiss the Complaint, absent motion to the contrary filed by either party.
4. That, should said Complaint be dismissed, the costs shall be taxed to the parties, for which execution may issue.
ENTER this the _____ day of _________, 20__.
Rule 15. Taxing of Cost: Addresses. No judgment or order shall be submitted for the Judge's signature without setting forth therein the most current residence address and place of employment of the party or parties to whom the costs are to be taxed.
Rule 16. Special Master's Report. In making reports upon orders of reference, a special master, immediately upon filing the report, will notify the parties, or their attorneys of record, of the filing of said report and the date of such filing; the parties shall be allowed (10) days from said filing date to except said report.
Upon the expiration of said ten-day period, the special master will set the case on the motion docket for confirmation of the report, or for the hearing of exceptions filed thereto. For sufficient reasons appearing, the judge may enlarge the time for filing exceptions. On the other hand, where all parties consent, reports may be confirmed before the expiration of said ten-day period.
Rule 17. [Co-parenting; Smoking Prohibited]. (A) In the event that there is no agreement between the parties regarding visitation and there needs to be an Order, co-parenting time shall be as follows:
a. 1st and 3rd weekends from Friday at 6:00 PM to Sunday at 6:00 PM.
b. December 25 at 6:00 PM to January 1 at 6:00 PM.
c. July 1-15 each year.
d. Thanksgiving holidays, from Wednesday at 6:00 PM to Sunday at 6:00 PM.
e. The child's spring vacation.
f. Phone communication at such times and with such frequency as is reasonable.
g. All exchanges of the child shall be done between 6:00 PM and 6:15 PM, with the actual transportation done by that parent who is receiving the child.
(B) Circuit Court Division Four takes judicial notice of the dangers of second-hand, or passive, smoke. Parents will not expose their children to tobacco smoke in enclosed spaces, or allow others to expose them to it. That means NO SMOKING indoors or in vehicles with the children present. It means not allowing them to be in the presence of others who do so. It means parents must keep the air in their home clean.
If children are exposed to smoke, it will be strong evidence that the exposing parent does not take good care of them.
Rule 18. Applications for Fees. All applications for attorney fees, other than pendente lite, shall be supported by a sworn statement setting forth in detail the basis for the fee sought.
Rule 19. Entry of Judgments and Orders. Prompt entry of judgments and orders is of the first importance. Counsel for the prevailing party will promptly prepare an appropriate judgment/order and submit it to adverse counsel within five (5) days of the hearing (or if the Court has dictated a memorandum opinion from the bench, within five (5) days of receipt of the written memorandum opinion). Adverse counsel shall approve the proffered judgment/order and forward it to the court immediately for entry.
If there is a problem with the proffered judgment/order, adverse counsel shall set the case immediately upon the court's next motion docket for argument as to the entry of an appropriate judgment/order. Five days before that argument occurs, adverse counsel shall forward to prevailing counsel an alternative judgment/order, and shall bring said alternative to the motion day argument, where counsel shall succinctly point out the differences and where opposing counsel is inaccurate.
In framing judgments and orders, neither counsel shall enlarge upon, expand, or vary that which was pronounced by the judge, unless and except by prior agreement with adversary counsel.
If no judgment or order has entered after thirty (30) days have elapsed from the original hearing, the clerk shall set the matter upon the motion docket for dismissal. [Amended by order entered October 27, 1999.]
Rule 20. Support Arrearages. Counsel may greatly assist the presentation of cases alleging arrearages in Court-ordered support by using graphic exhibits.
Rule 21. Papers and Records. All papers and records of the Court shall at all times be kept under the custody and control of the Clerk, who will be responsible for the safekeeping, and no person except the Clerk and Deputy Clerks shall be allowed access to the filing cases in which papers are kept or allowed to remove any papers therefrom. No file shall be withdrawn from the Court.
Rule 22. Publication. (A) The use of service of process by publication in lieu of personal service upon defendants who live out of state, or whose whereabouts are not known, is a means of process intended to give actual notice to defendants, or to persons who, having seen the notice, will contact the defendants.
The due process requirement that parties be notified of proceedings affecting their interests is a vital corollary to one of the most fundamental requisites of due process, namely, the right to be heard. Baggett vs. Baggett, 541 S.W.2d 407 (Tenn. 1976); Schroeder vs. City of New York, 371 U.S. 208, 83 S.Ct. 279, 9 L.Ed.2d 255 (1962).
The custom in Knox County of publishing legal notices in a newspaper of limited circulation, read mainly by lawyers, is not a means reasonably calculated effectively to advise parties of legal proceedings.
Truly indigent defendants unable to afford publication in a newspaper of wide circulation have access to publication postings, Dungan vs. Dungan, 579 S.W.2d 183 (Tenn. 1979), 47 Tenn. L. Rev. 845.
All local notices published by newspaper and made a part of the proceedings shall appear in a newspaper of general circulation within the area of Knox County and its contiguous counties. If counsel desire, an abbreviated notice may be placed in the general circulation newspaper bearing (1) the defendant's name in bold type; (2) the style, docket number, court name, and nature of the proceeding; and (3) the name and telephone number of plaintiff 's attorney. If this route is chosen, the full legal notice must additionally appear in another Knox County newspaper. An example of an abbreviated notice is:
A divorce complaint bearing docket number 34567 has been filed against you in Knox County Fourth Circuit Court. Contact plaintiff's attorney, Rebecca Smith, (423) 584-1234.
(B) In all cases in which service of process is to be effected by publication, whether local or otherwise, the Court requires affidavits by counsel and the client, setting forth:
(a) all efforts made to locate the defendant;
(b) the success of those efforts;
(c) that there are no further reasonable efforts to be made;
(d) that after all of the foregoing, publication was done in a newspaper of general circulation in that county where the defendant —or persons in contact with the defendant —is/are most likely to be found.
The affidavits should set out, for example, contacts made with past employers of the defendant in Topeka, with his kin in Michigan, with his former neighbors in Knoxville; researches made in city directories and phone books; and all other efforts to locate the defendant and apprise him of his litigation. In short, all efforts must be made —and attested to —which a person would make as if really intending to locate the defendant. [Amended effective July 1, 1997.]
Rule 23. Trial Management/Settlement Conferences. All complaints for divorce which have already been scheduled by the judicial secretary for contested trial will have a trial management/settlement conference. Counsel may additionally request trial management/settlement conferences in divorces not yet scheduled for contest resolution. In both instances, a pre-trial order shall issue from the Court, setting out the preparation required for the trial management/settlement conference. BOTH COUNSEL AND BOTH PARTIES MUST BE PRESENT IN OPEN COURT FOR THE TRIAL MANAGEMENT/SETTLEMENT CONFERENCE.
To prepare for the trial management/settlement conference each attorney shall mail/FAX/hand-deliver to the other a series of proposed filings to comply with Local Rule 10 above. The exact scheduling of the exchanges between counsel will be detailed in the pre-trial order which the Court will issue. In any event, however, no later than the day of the trial management/settlement conference, counsel shall FILE with the clerk of the court one document, signed by both counsel, stipulating all MARITAL, SEPARATE, and DISPUTED STATUS assets and debts. If assets or debts are discovered/acquired after the Rule #10 filing, counsel may apply to the court by motion for an amendment; otherwise, the filing at time of trial management/settlement conference will be binding and conclusive at trial.
At the trial management/settlement conference the following matters will be dealt with:
1. Date for conclusion of any remaining discovery.
2. Date for exchange of binding witness lists.
3. Date for exchange of pre-numbered exhibits (wife) and pre-lettered exhibits (husband), the admissibility of which is not contested.
4. Any other pre-trial matters counsel may wish to raise.
5. A formal settlement conference. At the settlement conference issues will be defined and narrowed. Following that, parties and counsel will withdraw from the courtroom for negotiation and possible agreed resolution of outstanding issues. Counsel and parties will report the outcome of their negotiation in open court the same day. If an agreement is reached settling the case, the court will hear the agreement and —if indicated —bind the parties instanter. If no agreement has been reached, the issues remaining for trial will be noted and counsel will reduce the same to an Order Pursuant to Trial Management Conference.
Rule 24. Papers Not To Be Filed. In keeping with Tennessee Rules of Civil Procedure 5.05, “All papers after the complaint required to be served upon a party shall be filed with the court either before service or in a reasonable time thereafter,”but by local rule this Court orders that
depositions upon oral examination;
interrogatories;
requests for documents;
requests for admission;
answers and responses thereto;
and any notices of the foregoing,
shall not be filed with the Clerk of the court except pursuant to special order by the court, or for use in the proceedings. [Amended by order entered June 2, 2000.]
Rule 25. Tobacco Smoke. Circuit Court Division Four takes judicial notice of the dangers of second-hand, or passive, smoke. Parents will not expose their child(ren) to tobacco smoke in enclosed spaces, or allow others to expose them to it. That means NO SMOKING indoors or in vehicles with child(ren) present.
If the child(ren) are exposed to smoke, it will be strong evidence that the exposing parent is not properly caring for them. This Local Rule is carried forward unchanged from Local Rule 17, originally adopted on June 13, 1994. [Adopted effective January 1, 2001.]
Rule 26. Pendente Lite Co-Parenting. (A) In the event that there is no agreement between the parties regarding co-parenting time and there needs to be a court order, pendente lite co-parenting time shall be as follows:
1. Ongoing co-parenting time will follow a two-week schedule; the non-residential parent will enjoy:
Week One: Friday at 6:00 p.m. until Monday morning, returning the child(ren) to school or daycare at the appropriate time, or to other parent at 9:00 a.m. Week one begins on the Friday following the filing date of the Complaint for Divorce.
Week Two: Thursday evening pick-up from school or daycare, at the appropriate time, or from other parent at 6:00 p.m.; Friday morning, return to school or daycare at the appropriate time, or to other parent at 9:00 a.m.
2. Summer: June 1-15 and July 1-15 to the non-residential parent. June 15-30 and July 15-30 to the residential parent. These 15-day periods are continuous, overriding #1 above (as noted below in #10).
3. Thanksgiving: Wednesday at 6:00 p.m. to Monday morning, returning the child(ren) to school or daycare at the appropriate time, or to other parent at 9:00 a.m. In odd years the non-residential parent enjoys this time, in even years the residential parent.
4. Spring Break: The non-residential parent enjoys this time in even years, from Friday at the close of the school the child attends until Monday morning return to school as above. If the child is not in school, then spring break follows the period of the Knox County school system; however, if the child has older siblings, the spring break for that child shall follow that of the oldest minor sibling. In odd years, the residential parent enjoys this time.
5. Winter Break: The non-residential parent enjoys December 25 at 6:00 p.m. until the return to school, or daycare on the day of school reopening, or to the other parent at 9:00 a.m. The residential parent enjoys from 6:00 p.m. of school out until December 25 at 6:00 p.m.
6. Federal holidays which follow the non-residential parent's weekend extend a weekend until Tuesday morning.
7. Mother's Day with mother, and Father's Day with father, 9:00 a.m. to 9:00 p.m.
8. All exchanges of the child(ren) shall be done within a 15-minute window (e.g., between 6:00 p.m. and 6:15 p.m.).
9. Transportation shall be done by that parent or parent's agent who is receiving the child(ren).
10. Holiday/extended co-parenting time takes precedence over the ongoing Week One/Week Two co-parenting schedule.
(B) If either party is dissatisfied with the schedule set forth in (A), that party may file a motion for hearing regarding the issue of pendente lite co-parenting time. Ordinarily, no such motion shall be scheduled upon the court's docket prior to the expiration of sixty (60) days from the filing of the complaint for divorce and after the parties have completed at least four mediation sessions to address this issue. However, if the child is two years old or younger; or if either parent has filed a sworn pleading asserting that the child(ren) will suffer harm if temporary custody is not immediately placed with the parent; or if either parent has filed a sworn pleading asserting that the child(ren) will suffer harm if the schedule set forth hereinabove is adhered to, then the motion may, in the discretion the court after argument of counsel, be scheduled for hearing prior to the expiration of sixty (60) days and without mediation having occurred.
(C) T.C.A. § 36-6-101(3) (the Parents' Bill of Rights) is incorporated in this rule as if set forth verbatim herein.
(D) Rule 26 is prospective only; it applies to cases filed in Fourth Circuit Court, replacing Rule 17 of the Local Rules of the Fourth Circuit Court as of its effective date of adoption. Historical Rule 17 will continue to apply in those cases which incorporated it specifically, or its provisions, prior to the effective date of Rule 26. After the effective date of Rule 26, parties can —as always —elect whatever co-parenting provisions they wish by agreement, reduced to court order, including provisions which may in fact duplicate historical Rule 17. [Adopted effective January 1, 2001.]
Rule 28. New Divorce Filings with Children. Whereas the General Assembly of Tennessee created, effective 1 January 2001, a program of alternative dispute resolution and parenting plans for all domestic relations cases involving minors, this court shall receive new divorce filings in the following manner:
Upon the filing of all divorces involving minors, the plaintiff shall also file one of the following three “papers”:
a. an Agreed Permanent Parenting Plan (signed by both parents, no temporary plan needed)
b. an Agreed Temporary Parenting Plan (signed by both parents)
c. a Proposed Temporary Parenting Plan (signed by one parent), possibly accompanied by:
(1) a Tenn. Code Ann. § 36-6-406 Affidavit for Supervised Co-Parenting at The Parent Place, along with a notice to the defendant to appear at the next available motion day of the judge to whom the case is assigned, for a hearing as to whether a different form of co-parenting should take place; or
(2) a Tenn. Code Ann. § 36-6-406 Affidavit for No Co-Parenting, along with a notice to the defendant to appear at the next available motion day of the judge to whom the case is assigned, for a hearing to determine whether any co-parenting should take place, and if so, in what form.
If the plaintiff wishes her/his Proposed Temporary Parenting Plan to be approved by the court promptly, and wishes that the plan to govern the case until further hearing or subsequent order, the plaintiff shall additionally file with the complaint for divorce, and attach to the Proposed Parenting Plan:
a. a verified statement that all facts required to be disclosed under Tenn. Code Ann. § 36-6-224 are set forth fully and accurately in the divorce complaint and are additionally replicated herewith in the attachment to the proposed plan; and
b. a verified statement that the plan is consistent with Local Rule 26 (or, in truly exceptional circumstances, why a departure from Rule 26 is necessary); that the plan is proposed in good faith and is in the best interest of the child; and that due to the particular facts of the case, the relief should be granted by mandatory injunction pursuant to TRCP 65.07; and
c. a verified statement of the income of the payor of child support (plaintiff or defendant), with such supporting documents, if any, as are available to the plaintiff, as well as a verified statement that the child support proposed in the plan is consistent with Tennessee Child Support Guidelines; if the plaintiff has no knowledge of the defendant's income, the plaintiff shall so state and note that accordingly the child support in the plan is based preliminarily upon minimum wage only.
The Clerk shall then present the Proposed Temporary Parenting Plan to the Judge, with the supporting documents, and if the plan appears reasonable, the Judge will enter the same as the pendente lite order of the court, pursuant to TRCP 65.07, without a hearing.
If the defendant disagrees with the plan, he/she may contact the Community Mediation Center for the earliest possible commencement of alternative dispute resolution, and may also contact the Clerk to set the case for hearing on the next motion day of the judge to whom the case is assigned. If the defendant disagrees with the plan only as to its support provisions, of if the plaintiff has no knowledge of defendant's income (and therefore has obtained a support order based upon minimum wage only), he/she may set the case before the Referee for a prompt hearing, which hearing shall occur not later than fourteen days from the filing of the request for a hearing. [Adopted by order effective January 1, 2001.]
Rule 29. Post-Divorce Filings with Children. All petitions to modify previous custody orders or previous parenting plans shall follow the procedure set forth in Rule 28, except that the previous custody order or previous parenting plan will continue in effect until completion of the Parent Education Seminars and the completion of alternative dispute resolution process, unless for good cause shown the court orders otherwise. [Adopted by order effective January 1, 2001.]
It is ordered that all the rules of practice and procedure now on the Minutes of the Criminal Court of Knox County, Tennessee, be stricken and in lieu thereof the following rules will be observed in the conduct of the business of the Criminal Court, the same to be spread upon the Minutes of each Division of said Court.
Upon arraignment and appointment or appearance of counsel, a trial date will be assigned.
(See MOTIONS II, NEGOTIATED DISPOSITIONS III.)
An attorney appearing at arraignment is presumed to have made satisfactory arrangements for the payment of fees. He may not appear solely for arraignment or the reduction of bond and may not withdraw from representation for non-payment of fees.
Counsel will be prepared for the transfer of their cases among the Divisions of the Knox County Criminal Court. Whenever the daily trial dockets of the three Divisions permit, cases may be transferred from one Division to the other in the interest of speedy trials.
Time for Filing Pre-Trial Motions. All pre-trial motions made pursuant to Rule 12(b) and Rule 21 Tenn. R. Crim. P. must be filed and served no later than 31 days after arraignment.
If written responses by the State are demanded, a separate notice shall be included with the Motions. The State shall file written responses within 10 days of receipt of the notice.
Motion dates for the purpose of a “check point”are abolished. No motion dates will be assigned unless written motions are filed.
It is the responsibility of the moving party to cause motions to be set on the docket after notification to the responding party and the Clerk.
No discovery motions under Rule 16 will be heard unless accompanied by a certificate from defendant's counsel that a conference with the assistant attorney general in charge of the case has left irreconcilable questions for the Court's determination.
Failure to comply with this Rule constitutes a waiver of discovery under Rule 16, Tennessee Rules of Criminal Procedure.
Motions for a Speedy Trial. All motions for a speedy trial shall be accompanied by a certificate of counsel to the effect that all pre-trial matters have been disposed of and that the case is in all respects triable and ready for trial upon 7 days' notice.
Defense counsel are responsible for arranging the transport of prisoners for hearings and trials. These arrangements must be made at least two (2) weeks before appearance.
Continuances. (a) Cases may not be continued by agreement and may be continued only by leave of Court. After a case has been set for trial it will not be continued except for good cause which shall be brought to the attention of the Court as soon as practicable before the date of the trial.
(b) Absence of a witness will not be grounds for a continuance unless the witness has been subpoenaed in accordance with the requirements of these rules and the Rules of Criminal Procedure.
(c) If a case is continued, a new trial date will be assigned at the time of the continuance.
If the State and a defendant reach a satisfactory settlement of a case, the agreement may be presented to the Court on a trial or motion date agreeable to the parties upon sufficient notification to the Clerk.
Negotiations for settlement shall cease 30 days before trial date and no negotiated disposition will be accepted by the Court after that date unless by leave of Court and for good cause shown.
All papers and records of the Court shall be in the custody of the Clerk. Files may not be withdrawn by any person at any time.
All papers, including pleadings, motions, briefs and proposed judgment and orders shall be filed with or submitted to the Clerk. Papers should not be mailed to or left with the Judge.
Where it is necessary for any person other than the Clerk or Deputy Clerk to examine any paper or record under the Clerk's control and custody, the Clerk or a Deputy Clerk will obtain the paper or record for such person and same shall be examined within the confines of the Clerk's office.
Preparation and Submission of Orders and Judgments.Unless the Court directs counsel to prepare an order for entry by the Court, all orders and judgments will be prepared by the Clerk, or by the Court when deemed appropriate.
Preparation and Submission of Orders and Judgments by Counsel. When directed by the Court, counsel will prepare orders for entry by the Court. All orders must be filed with the Clerk and served on opposing counsel within three (3) days following the day on which the ruling is made by the Court.
Disagreements over Contents of Orders or Judgments. All orders will be filed with the Clerk without delay. If there be disagreements, the counsel not drawing the order shall immediately schedule a chambers conference convenient to the drafting attorney and the Judge. If no such conference is requested, the order is presumed to be correct, whether signed by opposing counsel or not, and will be entered unless amended by the Judge.
(a) Members of the media are reminded of the following:
Supreme Court Rules 10 Canon 3 (6)
“A Judge should abstain from public comment about a pending or impending proceedings in any Court . . .”
(b) The broadcasting, televising, [and] recording of any judicial hearing is controlled by the rules set forth in Supreme Court Rule 10, Canon 3 (7) with which every member of the Media shall be presumed to be acquainted.
(c)(i) No photography of any nature is allowed through the windows beside the Court's entrance doors.
(ii) The hallway behind the Court is considered a part of chambers and no photography, interviews, or any journalistic activity will be allowed.
(iii) No photographs of jurors will be permitted.
(iv) No equipment, lights, or any type of camera will be permitted to block or impede access to the Courtroom.
A defendant may plead to a minimum sentence at arraignment. (This includes suspension to minimum time.) Thereafter no plea to a minimum sentence will be accepted.
Fines and Costs. A plea will not be accepted unless the fine is paid in full pursuant to Public Acts 1989, Chapter 547.
The Assistant District Attorney General in charge of the plea shall present any agreement concerning fines and costs as part of the submission and shall enforce the same.
The Canons of Professional and Judicial Ethics of the American Bar Association now in force and as hereafter modified and supplemented are adopted as the rules of professional conduct as far as they relate to matters within the jurisdiction and cognizance of this Court. (See Supreme Court, Rule 8.)
The notice required by Tennessee Code Annotated 40-35-202 (a) shall contain the following information:
(a)(1) The class designation of any alleged enhancing felony as contained in Tennessee Code Annotated 40-35-118, and
(2) The enhanced Range demanded by the State as punishment, and
(b) Upon a finding of guilt, the statements set forth in Tennessee Code Annotated 40-35-202 (b) shall be filed in every case 10 days before the sentencing hearing.
A. The space within the bar is reserved for the parties engaged in the case on trial, attorneys, court officials, and representatives of the various news media. No one else shall be permitted in this area at any time, which includes recess periods.
B. At each opening of each session of the Court, all persons in the Courtroom will arise, and, with the Judge, remain standing until Court is formally opened by the Bailiff.
C. Audience seats shall be reserved for those citizens having business with the Court, and for the immediate relatives of prosecutors and defendants (fathers, mothers, sisters, brothers, children and spouses).
Prosecuting witnesses and relatives shall be seated in that section of the audience directly behind the counsel table occupied by the prosecutor and the State's attorney; and the defendant's witnesses and relatives shall be seated in that section of the audience directly behind the counsel table occupied by the defendant and his/her attorney.
D. Any remaining seats may be occupied by spectators on a first-come, first serve basis. No standing shall be permitted. After all seats are filled the Bailiff shall see that no other person is admitted without express permission of the Court.
E. There shall be no smoking within the Courtroom. No food, drink, newspaper, magazines, cameras or recording devices will be permitted in the Courtroom.
F. There shall be no loitering, loafing or collecting of spectator groups outside the Courtroom doors, or in the halls adjacent to the Criminal Courtrooms, when the Courts are in session.
G. All defendants, witnesses, attorneys and spectators shall conduct themselves with proper decorum at all times. There shall be no demonstrations, noise, loud talking or any act of misconduct permitted either inside the courtroom or outside the courtrooms, or in any other area irrespective of its location as long as it is near enough to interfere with or to disrupt the orderly proceedings of the Courts.
H. Each attorney, whether representing the State or the defendant, as an officer of the Court, shall be expected to insure the orderly behavior of his prosecutor or defendant respectively, and such attorney shall be held personally accountable to the Courts for any unruly conduct or other acts of misconduct on the part of any such individual.
I. The sessions of the Court will convene each morning Monday through Friday, at 9:00 a.m. with a recess from 12:00 Noon to 1:30 p.m.
J. During trial, counsel shall not exhibit familiarity with witnesses, jurors, or opposing counsel, and the use of first names for adults shall be avoided. During opening statement or argument, no juror shall be addressed individually by name.
K. Bench conferences should be requested only when absolutely necessary in aid of a fair trial. Counsel may never lean upon the bench nor appear to engage the Court in conversation in a confidential manner.
L. Counsel should refrain from interrupting the Court or opposing counsel until the statement being made is fully completed, except when absolutely necessary to protect the client, and should respectfully await the completion of the Court's statement or opinion before undertaking to point out objectionable matters. When objection is made to a question asked, counsel should refrain from asking the witness another question until the Court has had an opportunity to rule upon the objection. Objecting counsel shall state the legal grounds without argument or discussion except by leave of Court.
M. No attorneys, parties or any other person having any interest in a case set for trial shall engage in any conversation with any juror serving in that Court until the juror's term of service has ended, except by leave of Court.
N. The Bailiff and other officers serving the Court will be charged with the responsibility of requiring compliance with these standards of courtroom conduct and decorum.
Grand Juries shall be impaneled in accordance with Tennessee Code Annotated 16-2-510; that is, at least twice a year, however, in order to comply with the custom in Knox County, the Grand Jury will be impaneled on the first Monday of March, July and November, insofar as possible.
The Court may modify or abstain, in its discretion, from applying any of the foregoing rules when to follow the rules would be unfair or would work any injustice.
These rules shall take effect November 1, 1989.
These rules and policies are formulated to deal with the ever increasing volume of temporary support hearings and other pendente lite matters. They have been formulated so that the parties may have quick and easy access to the Court to obtain immediate relief with the understanding that it is only temporary and that all of the issues can be litigated to their full extent at the final hearing. Pendente lite hearings will thus be expedited at the understandable risk that the Court may make pendente lite awards without all of the proof and knowledge it would have if there were a full hearing.
1. Rule: All temporary support matters shall be heard upon the filing of a Motion by either party.
2. Rule: With the filing of the Motion, or seven days before the hearing, the Movant shall file with the Court and furnish to opposing counsel, or the Respondent, the following:
a. A copy of the previous year's tax return, if available, or, if not available, a copy of all of the documents that reflect all of the income received from whatever source by either party for the previous year.
b. A copy of all of the documents that reflect all of the income received from whatever source by either party from January 1 of the year of the hearing to the date of the hearing.
c. A financial affidavit setting forth that party's actual or estimated necessary monthly expenses from the date of the affidavit to the date of the trial and their total gross monthly income from all sources. The first two (2) pages shall conform to the Form attached hereto as Exhibit A.
3. Rule: The Respondent shall then furnish to opposing counsel or Movant no later than two (2) full days prior to the date of the hearing all of the information requested in paragraph 2. Duplicate filing of documentary information is unnecessary.
4. Policy: The failure to file the information required by the preceding rule, in whole or in part, without just cause will create a presumption that the other party's statements regarding whatever information is not supplied are true and that his/her request is valid.
5. Rule: All Motions seeking temporary support shall be limited to oral argument by counsel, or any party who is unrepresented, and only in exceptional cases, as determined by the Court, will the Court hear proof from a party or any witness(es).
6. Rule: Counsel shall give the other party or adverse counsel at least five (5) days' notice by Motion of any intent to request that the Court hear testimony by reason of exceptional circumstances and said Motion shall set forth the asserted exceptional circumstances.
7. Rule: Counsel shall advise the Court at the docket sounding of any case in which a Motion has been filed requesting the Court to hear proof, and that case will be set at the heel of the docket.
8. Policy: In the event that the Court hears testimony and deems that such testimony was not necessary, then the Court shall assess the costs of the hearing, including, a reasonable attorney fee, against the party requesting that the Court hear oral proof.
9. Policy: Every effort will be made to limit temporary support hearings to a maximum of 15 minutes, total for the entire hearing.
10. Policy: At all final hearings, the Court will consider, if requested by either party, the amount of temporary support paid by either party and will make an adjustment in the Final Judgment depending on whether the amount of temporary support has been inadequate or excessive.
11. Rule: Any temporary support ordered by the Court shall be retroactive to the date that the Motion for support is filed with credit being given for any support that has been previously paid.
12. Policy: If any party proves that the other party has knowingly failed to submit or has knowingly submitted false or misleading information to the Court in the form of their affidavit, tax return, or documents reflecting all of their income from whatever source, then the Court shall penalize the party who has submitted such false or incorrect information as it deems appropriate, including, but not limited to, the award of costs and reasonable attorney fees to the other party.
13. Policy: Whenever possible, the Court shall attempt to maintain the status quo regarding the parties' customary financial affairs, the payment of expenses, ordinary household bills, and the like.
14. Rule: The Court shall use the attached table as a guideline for the awarding of child support. Where necessary, the Court shall also award additional spousal support.
15. Policy: Except in unusual circumstances, temporary legal custody is deemed to continue in both parents pending the final hearing. The non-residential parent shall not be disadvantaged in any custody litigation by living apart from his or her child(ren).
16. Rule: Neither party shall remove the child(ren) on an extended basis from Tennessee without the express permission of the Court.
17. Policy: In the event that there is no agreement between the parties regarding visitation and there needs to be an Order, co-parenting time shall be as follows:
a. 1st and 3rd weekends from Friday at 6:00 to Sunday at 6:00.
b. December 25 at 6:00 to January 1 at 6:00.
c. July 1-15 each year.
d. Thanksgiving-Wednesday at 6:00 to Sunday at 6:00.
e. The child's spring vacation.
f. Phone communication at such times and with such frequency as is reasonable.
g. All exchanges of the child(ren) shall be done between 6:00 and 6:15 p.m. with transportation by the parent receiving the child(ren).
__________________,
Plaintiff,
vs. No. _____
__________________,
Defendant,
1. Rent or mortgage $_____
2. Real estate taxes $_____
3. Homeowner's or renter's insurance $_____
4. Electricity $_____
5. Gas $_____
6. Water $_____
7. Garbage $_____
8. Telephone $_____
9. Food $_____
10. Clothing $_____
11. School costs $_____
12. Alimony to prior spouse(s) $_____
13. Child support for prior children $_____
14. Child care/day care $_____
15. Life insurance $_____
16. Health insurance $_____
17. Medical, dental and medicines (not including insurance
payments) $_____
18. Installment payments:
Auto
$_____
_____________________ $_____
_____________________ $_____
_____________________ $_____
19. Auto insurance $_____
20. Transportation (not including auto payments but
including gas and maintenance) $_____
21. Laundry and dry cleaning $_____
22. Cable TV $_____
23. Home/yard maintenance $_____
24. Taxes $_____
25. Recreation and entertainment $_____
26. Miscellaneous $_____
1. Charitable contributions $_____
2. Vacation $_____
3. Gifts $_____
4. Clubs $_____
5. Miscellaneous $_____
6. _____________________ $_____
7. _____________________ $_____
8. _____________________ $_____
INCOME
Gross $_____
Deductions
FICA $_____
Withholding $_____
____________ $_____
____________ $_____
____________ $_____
____________ $_____
Total net income $_____
This Affidavit shall be filed with the following documents:
a. A copy of the previous year's tax return, if available, or, if not available, a copy of all of the documents that reflect all of the income received from whatever source by either party for the previous year.
b. A copy of all of the documents that reflect all of the income received from whatever source by either party from January 1 of the year of the hearing to the date of the hearing.
The rules of General Sessions Court of Knox County, Tennessee, are adopted under the authority of Tenn. Code Ann. § 16-15-406 and § 16-15-714. All former rules are abrogated except as readopted herein. [Amended 1995.]
The ethical standards for the practice and the administration of law in General Sessions Court shall be governed by the Tennessee Court Rules Annotated, Rules of the Supreme Court, Rule 8, “Code of Professional Responsibility.”
The General Sessions Court clerk shall be responsible for the custody, control, and safekeeping of all court records and documents.
Only the Court Clerk or the Clerk's representative shall remove civil warrants, criminal warrants, or any other court documents from the courtrooms, or the clerk's office.
All written pleadings, orders, judgments, and executions shall be filed with the Court Clerk. Documents submitted for filing shall be in compliance with forms provided by the Clerk as to:
a. Information contained
b. Paper size
c. Print size
d. Color
e. Number of copies
Documents not meeting this criteria will not be accepted for filing. [Amended 1995.]
The dockets for all divisions of General Sessions Court shall be posted daily in a conspicuous place at the General Sessions Court Clerk's office in the City-County Building. Docket scheduling shall be done through the office of the General Sessions Court Clerk. Unless changed by the Presiding Judge because of necessity or convenience, the schedules of the courts are:
1. General Sessions Court operates five courts daily.
2. All courts open at 9:00 a.m. for the daily docket. A lunch recess is taken at noon.
3. Misdemeanor Court is held in First Sessions Courtroom. The Domestic Violence docket is heard daily at the start of the misdemeanor docket. Bonded arraignments are at noon.
4. DUI Court is conducted in Second Sessions Courtroom.
5. Felony Court is held in Third Sessions Courtroom. Drug cases are heard on Wednesday. The Compliance docket is at noon.
6. Fourth Sessions Court is located in the Old Courthouse, third floor, in the East Atrium courtroom. This Court hears environmental cases as well as county ordinances and traffic dockets. The State traffic docket is heard on each Friday. Mental health hearings are conducted on Tuesday and Thursday afternoons.
7. Fifth Sessions Court is located in the Old Courthouse, third floor, in the Supreme Court courtroom. Civil and Detainer cases are conducted in this Court. All collections cases should be scheduled for Monday or Wednesday. Detainer cases should be scheduled for Tuesday. Thursday and Friday are designated hearing days. [Amended effective December 1995; 1998.]
Each division of General Sessions Court shall have at least one (1) Court Officer and one (1) deputy clerk in attendance at all times while in session. The bailiff and other officers serving General Sessions Court shall be responsible for compliance to courtroom procedures and decorum.
At the opening of each session of court, everyone shall rise and remain standing until the court is formally opened by the bailiff. The area within the bar is reserved for the participants in the case before the court, witnesses for the case, and court officers. All other people shall be seated outside of the bar.
The behavior of all participants, attorneys, witnesses, and spectators shall conform to strict standards of decency, dignity, etiquette, and propriety. Everyone shall remove hats, overcoats, raincoats, and sunglasses before entering the courtroom. Demonstrations, acts of misconduct, loud talking, or noise will not be permitted inside or outside the courtroom if it is near enough to interfere with or disrupt orderly court proceedings. Loitering, loafing, or congregating of spectators will not be permitted outside the courtrooms or in the halls adjacent to the courtrooms when court is in session.
The conduct and attire of all attorneys and court attendants shall conform to the professional dignity expected of officers of the court.
All attorneys shall note their representation on civil warrants and criminal warrants. Attorneys will insure the orderly behavior of their clients and be personally accountable to the court for all acts of misconduct or unruly behavior of their clients.
Attorneys shall rise and remain standing when addressing the court, making a statement, argument, or objection to the court or questioning a witness.
Audience seats shall be occupied first by people conducting business with the court and their immediate relatives (i.e., spouses, children, parents, sisters, and brothers).
When possible, people testifying for the defense should sit on the side of the courtroom directly behind the defendants and their attorneys.
People testifying for the prosecution should sit on the side of the courtroom directly behind the prosecutors.
The defendant shall be seated at the defense table during any hearing or trial, unless waived by the defendant in writing, and ordered by the presiding judge. Issues of identification shall be resolved with the court before any proceedings.
Unoccupied seats may be used by spectators on a first come, first served basis. When all audience seats are filled, the bailiff shall not admit anyone into the courtroom without the court's permission. Standing will not be permitted in the audience unless absolutely necessary.
Representation in General Sessions Court may be by licensed attorneys, attorneys representing legal entities, owners of single proprietorships or litigants representing themselves.
Attorneys representing litigants must be residents of and licensed to practice law in Tennessee pursuant to the Tennessee Court Rules Annotated, Rules of the Supreme Court, Rule 7 and qualified and registered with the State Board of Professional Responsibility pursuant to the Tennessee Court Rules Annotated, Rules of the Supreme Court, Rule 9.
Nonresident attorneys who do not wish to practice law regularly in Tennessee may be associated with a resident attorney in good standing. Then, as a matter of courtesy, nonresident attorneys may be allowed to appear in a case before the court without procuring a Tennessee license, after being introduced by the associated attorney, if all courts of the nonresident attorney's state grant a similar courtesy to attorneys licensed in Tennessee.
The Judge of any division of General Sessions Court shall require all persons entering the courtroom to consent to a search of their person and belongings to insure the safety of participants, court personnel, and government property. Sheriff Deputies will deny admission into the courtroom of anyone refusing to be searched.
[Amended effective December 1, 1996.]
The purpose of Court security access control measures is to prevent movement of unauthorized persons into the areas occupied by Judges of the Criminal Courts, General Sessions Courts and the Fourth Circuit Court. The Knox County Sheriff 's Department shall enforce these policies and procedures to ensure the integrity of the secured area.
Access Methods and Procedures
1. Proximity Card
Access into the secured area can be gained by use of a proximity card which, when presented to a surface mounted card reader, will unlock the doorway into the area. All requests for proximity cards will be submitted, in writing, to the Court Security Committee by the Justice System Administrator. The Court Security Committee is comprised of the following members: 1) Knox County Executive; 2) Knox County Criminal Court Clerk; 3) Knox County General Sessions Court Clerk; 4) District Attorney General; 5) Sheriff of Knox County and 6) Presiding Judge. The Committee will review these applications and approve or deny. Upon approval, the Committee will submit a written request to the Public Building Authority authorizing them to activate and distribute the card. Authorization for these cards is generally limited to the Judges and their staff, court clerk personnel and employees of the Knox County Sheriff's Department who provide daily support services to the courts.
2. Photo Identification Badges
Photo identification badges will be available for issue to individuals frequenting the secured areas. These are only identification badges and are not affixed to a proximity card. The purpose of these identification badges is to identify individuals who have been approved to enter the secured area thereby expediting their access. The bearer must display the badge to the officer at the Entry Control Point. Upon seeing the badge the officer will release the door for entry. The badge must be displayed at all times while inside the secured area. Failure to comply with this requirement may result in verbal warning and/or expulsion from the secured area. The District Attorney General and staff, the Public Defender and staff, attorneys, Court mediators, State and County Probation Officers and media personnel will access the secured area by this method.
3. Visitor Badge
A person seeking access to the secured area but having neither a proximity card nor an identification badge may request a numbered Visitor Badge from the officer on duty at the Entry Control Point. It is the responsibility of the officer to inquire as to which office the visitor wishes to access. The officer will admit the visitor only upon approval of the Judge or member of the Judge's staff with whom the person wishes to see. Under no circumstances shall a visitor be admitted inside the secured area without prior approval of a Judge or member of the Judge's staff. Log entries of all visitors into secured areas shall be maintained. It is mandatory that the visitor properly display the Visitor Badge on their person while in the secured area. Upon exit, the visitor will return the badge to the officer at the Entry Control Point and be logged out. In the event a visitor fails to return the Visitor Badge, the officer will attempt to contact the individual to whom the badge was issued and request return. Any visitor who fails to provide a proper explanation as to why a Visitor Badge was not returned may be denied future access into the secured area.
4. Media Personnel
Upon request, members of the media will be issued a photo identification card which will expedite their access into the secured area within one of the following procedures:
a. The officer at the Entry Control Point contacts the Judge or a member of the Judge's staff to authorize admittance.
OR
b. Each Judge within the secured area may issue a standing order allowing media personnel general access to their chambers. If media personnel request access under such an order, they must enter and exit through the Entry Control Point. The officer at the Entry Control Point shall allow entry into the secured area without contacting the Judge directly.
All members of the media shall properly display their photo I.D. badge while in the secured area. Failure to comply with this requirement may result in verbal warning, expulsion from the secured area and/or revocation of badge and privileges.
5. Special Instructions
Only persons with proximity cards can enter or exit the secured area at all entrances. All other persons must enter and exit through the Entry Control Point. In an emergency, all persons can exit the secured area by holding down the emergency panic bar for 15 seconds. The door will then release and activate the security alarm.
It shall be the responsibility of each authorized user to discourage and prevent “piggybacking”into the secured area by unauthorized personnel. Under no circumstances will an approved user allow entry by another on an authorized card reader activation. Should there be any questions as to an individuals authorization the approved user will direct the party in question to the nearest Entry Control Point. Only the bearer of the badge shall have access. No others shall be permitted to enter with the bearer of the badge.
It shall be the responsibility of the Bailiffs to ensure that access from the courtrooms into secured area does not occur. Any individual having a need to access the secured area from the courtroom must be approved for access by the Judge and be properly badged.
Uniformed law enforcement officer of this jurisdiction will be the only users of the secured area not required to display an identification badge, provided they are in uniform and display proper credentials.
In the event an issued badge is lost or stolen it must be immediately reported to the System Administrator. Failure to timely report this occurrence compromises the integrity of the system and can result in revocation of badge and privileges.
Upon termination or retirement, each badge holder shall return their badge to their supervisor. The supervisor or office holder is responsible for notifying the System Administrator, in writing, when the status of an employee changes and ensure prompt return of the badge to the System Administrator.
[Amended effective December 1, 1996.]
Civil cases shall be docketed not less than seven (7) days from the date of issuance of the civil warrant, unless an earlier date is agreed upon by all participants, or mandated by law.
Civil warrants filed on a pauper's oath shall be accompanied by a completed Affidavit of Indigency which is available at the court clerk's office. The Court may require the affiant to appear and answer questions before ruling on the application.
Motions to set installment payments on judgments and motions to stay executions of garnishments shall be filed in duplicate by the defendant or defense counsel, signed by the defendant and sworn to before a notary or the court clerk. The hearing will be set not less than five (5) days after the filing date, and a copy of the motion immediately mailed to the adversary party by the defendant or defense counsel.
Process shall be accomplished as soon as possible after receipt of the civil warrant by the serving officer and return made not less than five (5) days before the trial date to the court clerk, unless otherwise provided for by law.
Attorney's preference to a particular day must be noted on the top of the civil warrant.
When both parties fail to appear for a trial, the case will be continued and rescheduled for trial in five (5) weeks by the Court's motion. If neither party appears at the second scheduled trial, and the Court Clerk does not receive a request for a continuance from either party, the case shall be dismissed and costs assessed to the plaintiff.
The plaintiff 's proof will be heard and a judgment entered by the court when the plaintiff appears and the defendant fails to appear at the first scheduled trial.
The defendant's proof will be heard and a judgment entered by the court when the defendant appears and the plaintiff fails to appear at the first scheduled trial.
The plaintiff may have a continuance to present evidence through witnesses in collection cases filed on sworn statements when a sworn denial by the defendant is not filed before the trial date. [Amended 1998.]
Persons will be informed of the mediation option for all civil cases and selected criminal offenses during initial contact with the Sessions Court Clerk or a Judicial Commissioner. If any person wishes to exercise the mediation option, the Court Clerk will aid the person in completing the appropriate paperwork. The Court's Mediators will conduct the mediation process for these cases, whenever possible, prior to the scheduled trial date. Persons with settled mediated agreements will present them to the Court for review and appropriate disposition as per the mediated agreement. If the agreement is reached prior to the scheduled court date, parties have the option of disposing of the matter on that date.
At the start of the daily Civil and Criminal Misdemeanor Dockets the Court will inform eligible cases of the mediation option. Mediators will present a mediation orientation each day in the courtroom prior to the official opening of court. If any of the parties are eligible and willing to mediate, the Court's Mediators will take the parties to the mediation work area. When a settled mediated agreement is reached, the parties will return to Court and present the agreement to the Judge for appropriate action. If the parties do not reach an agreement, but wish to continue mediating, the case will be reset through the Court Clerk. If an agreement cannot be reached, the parties and mediators will return to Court and the case will be called and disposed of in its turn.
Mediation is not a right and is subject to the availability of Court Mediators.
An execution may be issued only on the written garnishment application by the plaintiff, the plaintiff 's attorney or agent of record.
Applications must:
(1) Be completely filled out to be accepted by the court clerk.
(2) Show the amount of the unpaid judgment for each case.
(3) Interest may be claimed.
Garnishments shall be released on authorization of a judge or the court clerk.
The court clerk shall dismiss all garnishments at the plaintiff 's cost when:
(1) The amount sought is more than the amount owned.
(2) The defendant shows proof of payment after judgment indicating a balance less than the amount sought; or
(3) The docket or receipts indicate the plaintiff received monies and failed to pay court costs.
Second or subsequent Petitions to Pay by Installments shall be set for a court hearing to determine good cause. The court clerk shall not issue any Stay of Garnishment until the court determines good cause and approves the Petition to Pay by Installments.
Motions to stay executions of garnishments shall be:
(1) Filled out in duplicate by the defendant or defense counsel.
(2) Signed by the defendant.
(3) Sworn to before a notary or the court clerk before filing.
(4) May be set for hearing not less than five (5) days after the filing date.
The defendant or defense counsel must immediately mail a copy of the motion with the hearing date to the adversary.
All monies received through garnishments shall be paid to the Clerk of Court.
All defendants have the duty to:
(1) Know when they are scheduled to appear in court.
(2) Appear at each hearing, trial setting, subsequent settings, trial, and report back dates.
(3) Be physically present during each hearing or trial unless:
(a) Waived in advance by the defendant in writing.
(b) Ordered by the court.
(4) Appear at each scheduled mediation session.
Failure to appear shall constitute contempt of court.
Issues of defendants' identification shall be resolved with the court before any proceedings.
All defendants shall behave in an orderly, dignified manner. Failure to do so may result in the removal of the defendant from the courtroom pursuant to the Tennessee Court Rules Annotated, Rules of Criminal Procedure, Rule 43.
As officers of the court, all attorneys shall be held accountable for the orderly behavior of their clients.
[Amended effective December 1, 1996.]
Motions for continuance may be granted by the Court upon agreement of the Attorney General and defense counsel. Clerks of Courts are not authorized to grant continuances.
Motions for continuance will be acted upon in open court whenever practicable.
Motions for continuances shall not be granted because of the absence of witnesses unless the witnesses were subpoenaed pursuit to Rule 17.
Witnesses shall be notified as far in advance as possible of any continuance granted by the court.
The Court shall place criminal cases on a Compliance Review Docket after pronouncing judgment, if:
(1) The defendant does not immediately pay into the Court Clerk's Office all fines levied and court costs accessed and due in full.
(2) The defendant has been ordered into treatment, to make restitution, or must complete a program or school as a condition of probation.
(3) The defendant has been placed on supervised probation.
If the defendant has been found by the Court to have a present financial inability to pay in full all fines and costs due, the Court may order the defendant to set up a pay plan with the Clerk's Office with a full payment by a date certain.
Failure of a defendant to make monthly payments or complete any other condition of probation as ordered may result in the defendant being charged with a violation of probation. The case shall be set back on the Court's regular docket for a hearing before the Judge sentencing the violation and may result in the defendant serving the jail sentence.
Judicial Commissioners may conduct arrestee initial appearances using audiovisual equipment (closed-circuit television) located in City-County Building, the Jail and at the Detention Facility.
Audiovisual equipment means electronic devices that permit all individuals participating in the initial appearance to hear, speak, and see each other on a real time basis. Using these devices, the Judicial Commissioner and the court clerk are able to see and communicate with each prisoner. The prisoners have the same capability to see and communicate with the Judicial Commissioner. Facsimile communications equipment is used to permit all individuals participating in the initial appearances to electronically transmit documents between each other.
The initial appearance will be conducted in accordance with Tenn. R. Crim. P.5, to advise the defendant of the changes against him or her, to determine indigency and to have the matter set for hearing by a General Sessions Judge. [Amended 1998.]
Subpoenas shall be issued not less than seven (7) days prior to the trial date in all civil cases and criminal cases.
Clerks will not issue subpoenas at the initial setting of any criminal case when the warrant indicates counsel has not been retained or appointed.
It is the duty of the defense and the prosecution to insure the presence of their subpoenaed witnesses. Failure to subpoena witnesses shall not be grounds for a continuance.
Pursuant to the Tennessee Court Rules Annotated, Rules of Civil Procedure, Rule 1, the Rules of Civil Procedure do not apply to General Sessions Court, “except in cases where the court exercises jurisdiction similar to circuit or chancery courts by special or private act.”
The General Sessions Court Clerk shall process all civil warrants which shall be served by the Knox County Sheriff 's Department, authorized private process servers or mailed to the appropriate sheriff 's department for service of process unless otherwise provided for by law. Private process servers are only authorized to serve leading process.
Process shall be accomplished by the serving officer as soon as possible after receipt of the civil warrant. Return shall be made to the court clerk not less than five (5) days before the trial date unless otherwise provided for by law. [Amended 1998.]
The General Sessions Court Clerk and the Sessions Judges administrative officer will only accept complete expungement orders and indigent fund order forms.
(1) Expungement orders must include the following information:
(a) Name of defendant, warrant number, charge and date of arrest.
(b) Name of the trial judge and court.
(c) Signature of defendant or his attorney and certificate of service to Attorney General.
(d) Attorney General's approval and signature.
(e) A copy of the defendant's arrest warrant with the final judgment.
(2) Multiple arrests may be put on one order as long as the date of arrest is the same. Different arrest dates on one defendant require separate orders.
(3) Records will be expunged without cost on charges that have been dismissed or nolle prossed.
(4) A $25.00 fee must be paid to the Clerk for each record expunged where the defendant was placed on a diversion program pursuant to Tenn. Code Ann. § 40-35-312 and § 40-15-102 —40-15-105.
(5) When the expungement order is completed in accordance with (1) above, deliver the order to the Attorney General's Office. The Attorney General will review and approve the order, if appropriate, and deliver the signed order to the Sessions Judges office. After the order is signed by the Judge, the attorney of record will be notified.
(6) At the time of filing, the signed expungement order and five copies must be presented to the clerk. The $25.00 fee must be paid, if applicable.
(7) Only records listed on the order will be expunged.
(8) The Clerk's Office is responsible for expungement of records of the General Sessions Court. The certified copies will be distributed to all other agencies included in the arrest process. They are responsible for the expungement of their records.
(9) The Clerk's Office expunges records in the order they are filed. The law allows 60 days for the process to be completed.
Indigent Fund Orders:
(1) Indigent fund order forms shall be completely filled out and include:
(a) the name of the appointing judge; and
(b) the signature of the appointed attorney.
[Amended effective December 1, 1996; amended 1998.]
Judicial Commissioners may sign warrants for prosecutions initiated by private citizens, but only if a police report has been filed. A copy of the police report must be presented to the Judicial Commissioner on duty by the complaining individual before the warrant is signed.
Bad check prosecutions may be initiated through the District Attorney General's Office.
Judicial Commissioners will not sign search warrants until the warrants have been reviewed and approved by the District Attorney General's Office.
Judicial Commissioners will conduct prisoner initial appearances, Monday through Friday, using the interactive close-circuit television link to the jail and the detention facility. [Amended 1998.]
All fee petitions shall be submitted directly to the General Sessions Court's Judicial Administrative Assistant. A copy of the Order appointing counsel for an indigent defendant will be attached to the warrant provided by the Court Clerk to each appointed attorney. If the Public Defender is initially appointed but cannot represent the defendant due to a conflict of interest, the Order will be amended to correctly show the appointed attorney.
Claims for attorney fees submitted pursuant to Tenn. Code Ann. § 40-14-201, et seq., Tenn. Ct. Rules Ann., Rules of the Supreme Court, Rule 13, and 1983 Tenn. Priv. Acts 77, by attorneys appointed by the court to represent indigent criminal defendants shall be accompanied by:
(1) The signed court order appointing them as legal counsel.
(2) A completed order stating the Public Defender's office has a conflict of interest in the case.
Claims for attorney fees submitted pursuant to Tenn. Code Ann. § 33-3-5-3, Tenn Ct. Rules Ann., Rules of the Supreme Court, Rule 15, and 1976 Tenn. Pub. Acts 763, by attorneys appointed by the court to represent indigent clients in proceedings under Chapter 3 through 8 of Title 33 of the Mental Health Act, shall be accompanied by a signed court order appointing them as legal counsel.
General Sessions Court Judges will not sign fee petitions unless they are accompanied by the above required documentation.
Special Judges and Judicial Commissioners are not authorized to sign fee petitions.
[Amended effective December 1, 1996.]
Pursuant to Tennessee Supreme Court Rule 30, the following procedures have been adopted by the General Sessions Court for Knox County in order to facilitate the media coverage contemplated by the rules.
1. Requests for Media Coverage
Media requests for coverage of a particular proceedings shall be made in writing to both the Presiding Judge and Clerk of Court not later than 4:30 PM on the third business day before the event to be covered. The Clerk shall immediately notify all counsel of record of the request for coverage.
2. Media Liaison
Upon receipt of a second media request for coverage of the same proceeding, the Court Clerk shall require the second medium to provide the name, business address, telephone number, and FAX number of the media liaison responsible for organizing all medium that wish to cover the proceeding. Failure of the media to name and cooperate with a media liaison may result in the prohibition of any photographic or recording equipment in the courtroom (except small hand held battery operated tape recorders.) The Clerk of Court shall immediately notify all counsel of record of the name, address, phone number, and FAX number of the media liaison.
3. Pooling Arrangements
Not later than 4:30 PM on the business day before the proceeding to be covered, the media liaison shall provide in writing, to the Presiding Judge, notice of the pooling arrangements that have been made. This shall include specific descriptions of all equipment intended for use in the courtroom, its intended location in the courtroom, and the name of each media entity that operate said equipment.
4. Operation of Equipment
a. All equipment should be battery powered to eliminate the use of wires, cables, and leads that pose a hazard for people to trip over. If the anticipated length of the proceeding is so great as to make battery powered equipment impractical, all wires, cables, and leads shall be placed against baseboards of walls, taped down, or otherwise placed to minimize or eliminate the hazard of tripping over them.
b. All equipment requiring installation shall be installed before the Court commences the proceeding to be covered. All equipment take down or dismantling shall take place during recess or after the Court has adjourned for the day.
c. All photographic equipment shall be situated so as to produce the point of view of the audience. Under no circumstances, unless expressly permitted by the Presiding Judge, are any cameras, still or otherwise, to be taken beyond the Bar of the Court.
5. Courtroom Decorum
All media personnel will conduct themselves quietly and respectfully in the Courtroom. In the event the Presiding Judge orders that a particular witness, juror, or other not be photographed, or that one or more cameras be turned off, said order will be followed without debate. Arguing with the Judge as well as disobeying the Judge will constitute grounds for terminating any or all photography of the proceeding.
6. Incorporation of Tennessee Supreme Court Rule 30
In all remaining aspects, media coverage of Courtroom proceedings shall be governed by the letter a