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Court Rules
Judge

Judge Joe Binkley Jr.

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

Adjournments

Court-wide

Request must include

Reason for RequestProposed Rescheduled Date

Communication

Phone

Clerk

880-2555
Phone

Clerk

(615) 862-4209
Scheduling
Phone

Chambers

EmergenciesScheduling
Filters:

Document Filing Requirements2 rules

Filing Requirements

Expedited hearing requires filing a motion for expedited hearing with the underlying motion and a proposed order with the hearing date left blank.

Document
Motion for expedited hearing

Must include

  • Proposed order

Court's wording

In order to schedule a motion on an expedited basis without the agreement of all parties, a party must file a motion for an expedited hearing, along with the underlying motion. A proposed order granting the motion for an expedited hearing shall be filed as well, leaving the date of hearing blank for the Court to complete.

JUDGE-JOE-BINKLEY-2020 · p. 2|SectionIII. Pretrial Matters - A. Pretrial Motions
Filing Requirements

Counsel admitting documentary evidence for the jury to read must provide enough copies for each juror plus one copy for the Court.

Court's wording

Counsel admitting documentary evidence which he or she wants the jury to read in court shall provide a sufficient number of copies to enable each juror in court to have his or her own copy plus one copy for the Court.

JUDGE-JOE-BINKLEY-2020 · p. 4|SectionIV. Trial Procedure

Filing & Service rules

Filing Timing and Cure Windows

An order should be filed granting the motion within seven (7) days of the motion hearing date. See Local Rule § 33.01(a).

An order should be filed granting the motion within seven (7) days of the motion hearing date. See Local Rule § 33.01(a).

Page 3 | III. Pretrial Matters

Late responses to motions are generally not considered unless the parties agree and notify the Court of the agreement in advance.

Late responses generally are not considered by the Court. If the parties agree to allow a non-movant to respond to a motion late, the Court will consider the late response so long as the Court has been notified of the agreement in advance.

Page 3 | III. Pretrial Matters

Chambers Communication Rules

Discovery disputes are generally not resolved by telephone; parties must file the appropriate motion.

Judge Binkley generally will not resolve discovery disputes by telephone. Attorneys or parties must file the appropriate motion.

Page 2 | II. Preliminary General Matters - C. Telephone Conferences with the Court

Counsel or parties must notify the Court as soon as possible if they expect to be late; a movant who fails to appear at a Friday morning civil motion call without notice may have the motion stricken, and a non-movant who fails to appear may have the motion granted.

If counsel or a party expects that they will be late to court, please notify the Court as soon as possible. If a civil motion is called on a Friday morning and the movant is not present without having notified the Court, the motion may be stricken. If a non-movant is not present without having notified the Court, the motion may be granted.

Page 5 | V. Other Comments

Trial dates are obtained from the Assignment Clerk; all other scheduling is handled by Judge Binkley's Judicial Assistant.

Trial dates for all jury and non-jury trials should be obtained from the Assignment Clerk at (615) 862-4209. All other scheduling should be done with Judge Binkley's Judicial Assistant, Marla Guinn at (615) 862-5915.

Page 1 | II. Preliminary General Matters - A. Scheduling

Emergency motions may be conducted by telephone when necessary or appropriate.

Judge Binkley will conduct emergency motions by telephone whenever it is necessary and/or appropriate.

Page 2 | II. Preliminary General Matters - C. Telephone Conferences with the Court

Status and pre-trial conferences may be conducted by telephone for out-of-town counsel or when in-person presence is not feasible.

Judge Binkley will conduct status conferences or pre-trial conferences by telephone whenever out-of-town counsel are involved and/or the physical presence of in-town counsel is not feasible and/or necessary.

Page 2 | II. Preliminary General Matters - C. Telephone Conferences with the Court

Judge Binkley prefers communication via formal filings; letters sent to the Court are placed in the case file.

Judge Binkley prefers that all communication with the Court should be by pleadings, notices, memoranda and briefs. Letters sent to the Court will be placed in the case file.

Page 2 | II. Preliminary General Matters - B. Correspondence with the Court

To schedule a judicial settlement conference, contact the Special Master's Office at 880-2555.

In order to schedule a judicial settlement conference for a case that has been assigned to the Fifth Circuit Court, contact the Special Master's Office at 880-2555.

Page 3 | III. Pretrial Matters

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.

More categories

View all Circuit Court for Davidson County, Tennessee rules
About Judge Joe Binkley Jr.

Joe Binkley Jr. is a judge on the Circuit Court for Davidson County, Tennessee, which serves Nashville and Davidson County. The court handles matters as provided by Tennessee law.

Judge Binkley's published procedures are available in the document JUDGE-JOE-BINKLEY-2020.pdf.

Common questions about Judge Joe Binkley Jr.'s rules

What must be included with motion for expedited hearing filings before Judge Joe Binkley Jr.?

The rule requires proposed order. Expedited hearing requires filing a motion for expedited hearing with the underlying motion and a proposed order with the hearing date left blank.

View ruleSource: page 2, section III. Pretrial Matters - A. Pretrial Motions

What must be included with documentary evidence filings before Judge Joe Binkley Jr.?

Counsel admitting documentary evidence for the jury to read must provide enough copies for each juror plus one copy for the Court.

View ruleSource: page 4, section IV. Trial Procedure

How may parties contact Judge Joe Binkley Jr.'s chambers?

Discovery disputes are generally not resolved by telephone; parties must file the appropriate motion.

View ruleSource: page 2, section II. Preliminary General Matters - C. Telephone Conferences with the Court

What filing deadlines does Judge Joe Binkley Jr. set?

An order should be filed granting the motion within seven (7) days of the motion hearing date. See Local Rule § 33.01(a).

View ruleSource: page 3, section III. Pretrial Matters
Complete rules summary for Judge Joe Binkley Jr.

To schedule a judicial settlement conference, contact the Special Master's Office at 880-2555.

Late responses to motions are generally not considered unless the parties agree and notify the Court of the agreement in advance.

Trial dates are obtained from the Assignment Clerk; all other scheduling is handled by Judge Binkley's Judicial Assistant.

Emergency motions may be conducted by telephone when necessary or appropriate.

Expedited hearing requires filing a motion for expedited hearing with the underlying motion and a proposed order with the hearing date left blank.

Status and pre-trial conferences may be conducted by telephone for out-of-town counsel or when in-person presence is not feasible.

Judge Binkley prefers communication via formal filings; letters sent to the Court are placed in the case file.

Discovery disputes are generally not resolved by telephone; parties must file the appropriate motion.

Counsel admitting documentary evidence for the jury to read must provide enough copies for each juror plus one copy for the Court.

Counsel or parties must notify the Court as soon as possible if they expect to be late; a movant who fails to appear at a Friday morning civil motion call without notice may have the motion stricken, and a non-movant who fails to appear may have the motion granted.

An order should be filed granting the motion within seven (7) days of the motion hearing date. See Local Rule § 33.01(a).

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