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Court Rules
Judge

Judge David Briley

Individual Rules, Standing Orders & Policies

Circuit Court for Davidson County, Tennessee

Limits & Logistics

Document Limits

Fax TransmissionCourt-wide
50 pgs
Facsimile FilingCourt-wide
50 pgs

Communication

Phone

Chambers

615.862.5901
Scheduling
Filters:

Document Filing Requirements2 rules

Filing RequirementsCivil casesProposed or draft document; may not be in force

To expedite a motion without party agreement, the moving party must file a Motion for Expedited Hearing attaching the underlying motion, E-file a proposed order with a blank date, and explain why Local Rule § 26.03(a) or (b) should be waived.

Document
Motion for expedited hearing

Must include

  • Proposed order

Court's wording

To schedule a motion on an expedited basis without the agreement of the parties, the moving party must file a Motion for an Expedited Hearing and attach the underlying motion. The party shall also E-file a Proposed Order granting the Motion for Expedited Hearing, leaving the date blank for the Court to complete. The Motion for Expedited Hearing should explain why Local Rule § 26.03(a) or (b) should be waived.

Filing RequirementsCivil casesProposed or draft document; may not be in force

All final judgments must contain language taxing court costs as designated by the parties involved in the case. The Clerk may refuse to enter any proposed final judgments or compromise and settlement orders until such language is added and court costs are paid.

Filing & Service rules

Electronic Filing Rules

The proposed order granting a Motion for Expedited Hearing must be E-filed with the date left blank for the Court to complete.

The party shall also E-file a Proposed Order granting the Motion for Expedited Hearing, leaving the date blank for the Court to complete.

Civil cases · Proposed or draft document; may not be in force

Page 2 | IV. Motions

Filing Timing and Cure Windows

Objections to a proposed order must be communicated to the Court within three calendar days of its submission.

If the opposing side objects to the language contained in the Proposed Order, the Court must be notified of the objection within three (3) calendar days of the Proposed Order’s submission.

Civil cases · Proposed or draft document; may not be in force

Page 3

A proposed order in an unopposed motion must be submitted within seven calendar days of the motion hearing.

party in an unopposed motion, within seven (7) calendar days of the motion hearing, pursuant to Local Rule § 33.01(a).

Civil cases · Proposed or draft document; may not be in force

Page 3

A competing proposed order must be submitted within seven calendar days of an objection.

A competing Proposed Order must be submitted for the Court’s consideration within seven (7) calendar days of the objection.

Civil cases · Proposed or draft document; may not be in force

Page 3

Proposed jury instructions and the verdict form should be provided to the Court no later than three (3) business days in advance of trial.

Proposed jury instructions and the verdict form should be provided to the Court no later than three (3) business days in advance of trial.

Civil cases · Proposed or draft document; may not be in force

Page 4 | V. Trial Procedures

Late responses to motions will be considered at the Court's discretion upon a showing of good cause; agreed late responses will also be considered.

Late responses will be considered by the Court, at its discretion, based upon a showing good cause. If the parties agree to allow a non-movant to respond late to a motion, the Court will consider the late response.

Civil cases · Proposed or draft document; may not be in force

Page 2 | IV. Motions

Adjournment & Extension Requirements

Once a case is set for trial, parties must file a motion for the Court to consider rescheduling the trial.

Once a case is set for trial, the parties must file a motion for the Court to consider rescheduling the trial.

Civil cases · Proposed or draft document; may not be in force

Page 2 | III. Case Management

Chambers Communication Rules

Scheduling of matters outside normally scheduled dockets may occur by telephone with the Judge’s judicial assistant at 615.862.5901 or in any manner directed by the Court. Otherwise, Judge Briley prefers that all communication be by pleadings, notices, memoranda, and briefs. Written correspondence should not replace or augment pleadings, motions, or other papers that may be filed with the Court.

Scheduling of matters outside normally scheduled dockets may occur by telephone with the Judge’s judicial assistant at 615.862.5901 or in any manner directed by the Court. Otherwise, Judge Briley prefers that all communication be by pleadings, notices, memoranda, and briefs. Written correspondence should not replace or augment pleadings, motions, or other papers that may be filed with the Court.

Civil cases · Proposed or draft document; may not be in force

Page 1 | II. Preliminary General Matters

Parties may call the Court at 615.862.5901 to check hearing availability when they agree to an expedited hearing.

If the parties have agreed to an expedited hearing of a motion, they may call the Court at 615.862.5901 to see when the Court is available for a hearing.

Civil cases · Proposed or draft document; may not be in force

Page 2 | IV. Motions

Court-wide rules

Applies court-wide

These 183 rules apply across Circuit Court for Davidson County, Tennessee. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 67
  • Applies to
    Order
    Must include
    case number

    When a divorce is filed after an Order of Protection, an Order containing both the Order of Protection and Divorce case numbers must be submitted to extend the Order of Protection by operation of law until the divorce modifies or dissolves it.

  • Applies to
    Order

    A separate Order must be submitted on the Order of Protection case when the divorce action concludes or modifies or dissolves the Order of Protection.

  • Applies to
    Motion to approve sales contract

    The motion to approve a sales contract must attach a copy of the sales contract and the County Assessor's report or a professional appraisal.

Filing Timing

All 40
  • The fiduciary cannot close the real property sale until the court approves the sales contract.

  • The Clerk must issue a subpoena even when it is requested after the Rule 28 deadlines.

  • Deadline
    3 business days

    The Clerk holds an order signed only by preparing counsel for 3 business days to allow opposing counsel time to object.

Service

All 38
  • Applies to
    Petition

    Petitioner must provide notice to the respondent's closest relatives, caretakers, and any other interested parties.

  • Deadline
    7 calendar days

    Proposed orders must be served on opposing counsel within 7 calendar days of the court's ruling.

  • Service of process in probate matters must be effected by serving a petition and summons under Tenn. R. Civ. P. 4.

E-Filing

All 10
  • Digital signatures in any form other than the original signature format are prohibited, and the Clerk will refuse to file any non-compliant document.

  • Applies to
    Discovery material

    Discovery material should not be filed with the Clerk unless the court is asked to consider it.

  • Applies to
    Subpoena

    In Circuit Court, one electronic copy of the subpoena must be submitted to the Clerk for issuance.

About Judge David Briley

David Briley is a judge on the Circuit Court for Davidson County, Tennessee, which serves Nashville and Davidson County.

This judge's published procedures include draft chamber rules for the first circuit.

Complete rules summary for Judge David Briley

Scheduling of matters outside normally scheduled dockets may occur by telephone with the Judge’s judicial assistant at 615.862.5901 or in any manner directed by the Court. Otherwise, Judge Briley prefers that all communication be by pleadings, notices, memoranda, and briefs. Written correspondence should not replace or augment pleadings, motions, or other papers that may be filed with the Court.

A proposed order in an unopposed motion must be submitted within seven calendar days of the motion hearing.

To expedite a motion without party agreement, the moving party must file a Motion for Expedited Hearing attaching the underlying motion, E-file a proposed order with a blank date, and explain why Local Rule § 26.03(a) or (b) should be waived.

Late responses to motions will be considered at the Court's discretion upon a showing of good cause; agreed late responses will also be considered.

A competing proposed order must be submitted within seven calendar days of an objection.

Proposed jury instructions and the verdict form should be provided to the Court no later than three (3) business days in advance of trial.

Final judgments must include language taxing court costs, and the Clerk may refuse entry of proposed final judgments or settlement orders until that language is added and court costs are paid.

Once a case is set for trial, parties must file a motion for the Court to consider rescheduling the trial.

Objections to a proposed order must be communicated to the Court within three calendar days of its submission.

Parties may call the Court at 615.862.5901 to check hearing availability when they agree to an expedited hearing.

The proposed order granting a Motion for Expedited Hearing must be E-filed with the date left blank for the Court to complete.

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