Shelby County Circuit Court, Tennessee
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
- Within 2 Days Before Argument
- Within 5 Days Before Argument
Brief
- At Least 7 Days Before Argument
Courtesy copies
- At Least 15 Days Before Hearing
- At Least 7 Days Before Argument
Notice of Party Status
Page & Word Limits3 rules
Excluding supporting affidavits and documents, initial and responding briefs may not exceed thirty (30) pages without leave of Court. Reply briefs may not exceed five (5) pages without leave of Court.
- Brief
- Up to 30 pages
- Reply brief
- Up to 5 pages
Exception
More pages with leave of court
Excluding supporting affidavits and documents, initial and responding briefs may not exceed thirty (30) pages without leave of Court.
- Brief
- Up to 30 pages
Exception
More pages with leave of court
Reply briefs may not exceed five (5) pages without leave of Court.
- Reply brief
- Up to 5 pages
Exception
More pages with leave of court
Document Format Requirements18 rules
All differences must be highlighted and must reference the page and line numbers from the transcript if available.
Formatting
- •Highlight all differences
To be filed electronically, a Document must be converted to a PDF. Converted Documents must contain the ".pdf" file extension.
- File type
Formatting
- •Documents must be converted to PDF before electronic filing
(a) Each E-Filed Document shall be uploaded in a PDF. The Document should be formatted in accordance with the applicable Terms of Use Agreement, as well as the TRCP and Local Rules governing formatting of paper documents, and in such other and further format as the Court may require from time to time.
- File type
- E-filed document
A Document that is required to be signed, verified, notarized, acknowledged, sworn to, or made under oath may be E-Filed only as a scanned image.
All returns must be made upon the process paper itself, unless there is not sufficient room on the process paper itself, in which case, the return shall be made upon a separate paper, referring specifically to the process served, and shall be physically attached to the process.
- Return of service
Formatting
- •Physically attach any separate return paper to the process
Documents filed electronically must be converted to PDF format and use the .pdf file extension.
- File type
Formatting
- •.pdf file extension
Court's wording
“PDF” or “Portable Document Format” means a computer file format developed by Adobe Systems for representing documents in a manner that is independent of the original application software, hardware, and operating system used to create those documents. To be filed electronically, a Document must be converted to a PDF. Converted Documents must contain the “.pdf” file extension.
A Document that is required to be signed, verified, notarized, acknowledged, sworn to, or made under oath may be E-Filed only as a scanned image.
Each E-Filed Document must be uploaded as a PDF and comply with applicable formatting agreements, rules, and future Court requirements.
- File type
- E-filed document
Court's wording
Each E-Filed Document shall be uploaded in a PDF. The Document should be formatted in accordance with the applicable Terms of Use Agreement, as well as, the TRCP and Local Rules governing formatting of paper documents, and in such other and further format as the Court may require from time to time.
If the case is appealed, the appellant shall reduce the exhibit to a size the Clerk of the Appellate Court will receive.
To be filed electronically, a Document must be converted to a PDF. Converted Documents must contain the ".pdf" file extension.
- File type
Each E-Filed Document shall be uploaded in a PDF.
- File type
A Document that is required to be signed, verified, notarized, acknowledged, sworn to, or made under oath may be E-Filed only as a scanned image.
A Divorce Referee's Motion Docket for such motions will be maintained in the Clerk's office. Motions will be on a form provided by the Clerk and kept in a loose-leaf binder.
Formatting
- •Use the form provided by the Clerk
Said Affidavit shall be filed in a format substantially similar to the form in Appendix 4.
*If you leave any filings in the Dropbox, make sure they are in a sealed envelope with your name, case number, a contact number and an email address(if possible) written on it.
Formatting
- •Write the filer's name, case number, and contact number on the envelope
- •Write the filer's email address on the envelope if possible
Motions will be on a form provided by the Clerk and kept in a loose-leaf binder.
Formatting
- •Use the motion form provided by the Clerk
In cases involving multiple parties, counsel for the non-prevailing parties may submit their signatures by facsimile.
In cases involving multiple parties, counsel for the non-prevailing parties may submit their signatures by facsimile.
Document Filing Requirements96 rules
All such documents must be in the English language.
- Document
- Pleadings orders decrees memoranda and other papers
Must include
- •English
All pleadings, orders, decrees, memoranda, and other papers submitted to the Court must use one of the specified Tennessee Circuit Court or Chancery Court captions.
- Document
- Pleadings orders decrees memoranda and other papers
Must include
- •Caption
Court's wording
All pleadings, orders, decrees, memoranda, and other papers submitted for consideration or action by the Court must be captioned "IN THE CIRCUIT COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS." or "IN THE CHANCERY COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS."
When setting a motion, attorneys shall provide the case number, style of the case, attorney(s) for the motion, attorney(s) against the motion, the date of entry of the motion and the nature of the motion.
- Document
- Motion
Must include
- •Case number
On all motions, the movant must certify in writing that all counsel have participated in a conference to attempt to resolve the matters at issue in the motion before filing the motion.
- Document
- Motion
Must include
- •Certificate of conference
A new-trial motion based on evidentiary error must identify the particular testimony admitted or rejected by quoting it or describing it with sufficient specificity.
Court's wording
When the basis for the motion for new trial is that the Court erred in the rejection or admission of evidence, it is not sufficient to merely state that the Court erred in the rejection or admission of evidence. The party seeking a new trial on this basis is required to point out in the motion the particular testimony admitted or rejected, either by quoting the specific testimony or giving the substance of the testimony in such a manner that the exact part of the evidence can be identified with sufficient clarity and specificity.
When the basis for the motion for new trial is error in the Court's charge, the specific error must be pointed out by quoting the particular language of that charge in the written motion.
This ruleRule must be copied in every transcript of every case appealed from this Court in which a new trial was sought on the grounds of error in the charge of the Court or in the admission or rejection of evidence.
If opposing counsel does not promptly sign and return an order, the preparing party must provide notice and include a certificate of service on opposing counsel.
- Document
- Order or decree
Must include
- •Certificate of service
Court's wording
If the adversary counsel fails or refuses to sign and promptly return the order or decree, the party preparing the order or decree must give notice of the time and place when the order will be presented to the Court and be prepared to enter the order at that time, with a certificate of service to opposing counsel.
Both proposed orders or decrees must be submitted to the Court together with any transcript of the ruling.
- Document
- Order or decree
Must include
- •Proposed order
In the event of disagreement about the order, the party disagreeing must note all objections in writing, and must also prepare an alternative order or decree.
All consent orders must be signed by all attorneys of record or pro se litigants involved in the matter. Such consent orders must have the word "consent" in the caption and body of the order.
- Document
- Consent order
Must include
- •Caption
- •Consent
Motions to compel must include a complete deficiency list setting forth the complete verbatim interrogatory or request at issue, the complete answer, and the reasons that the movant contends it is deficient.
Whether heard by the Court or Divorce Referee, a sworn statement required in Rule Fourteen (C) must be filed not less than three (3) days before the hearing date.
A discovery motion must include a statement certifying counsel's unsuccessful good-faith effort to confer with opposing counsel.
Court's wording
The Court will not hear any motion related to discovery unless counsel for the movant files with the motion, a statement which certifies that movant's counsel has conferred with opposing counsel in a good faith effort to resolve the discovery dispute and that the effort has not been successful.
A motion for leave to serve more than 30 interrogatories must identify the additional interrogatories and establish good cause.
Court's wording
Any motion seeking permission to serve more than thirty (30) interrogatories shall set out the additional interrogatories the party wishes to serve, together with the reasons establishing good cause for the service of additional interrogatories.
Each party must provide the Divorce Referee with an affidavit of income and expenses, as required by Rule Fourteen (C) at the hearing for temporary support.
The party petitioning for child support must include a statement in the petition or by affidavit whether application for assistance with child support enforcement has been made pursuant to Title IV-D Services Act.
The decree in an irreconcilable-differences case must use the quoted statutory language concerning equitable settlement of property rights.
Court's wording
Sworn testimony is required at the hearing of irreconcilable differences cases to satisfy jurisdictional requirements and to establish that the marital dissolution agreement provides for the "equitable settlement of the property rights between the parties." The above language of the statute must be used in the decree.
The final decree must state that the marital dissolution agreement provides for the equitable settlement of the property rights between the parties.
The parties must submit all required paperwork and proposed Orders to the Divorce Referee and the Courtroom Clerk at least 24 hours in advance.
- Document
- Required paperwork and proposed orders
Must include
- •Proposed order
In all contested divorces, suits for separate maintenance, or for legal separation, each party must file and serve a sworn financial statement stating all assets and debts of the parties, both marital and separate.
In all contested divorces, suits for separate maintenance, or for legal separation, each party must file and serve an affidavit stating gross income from all sources and all expenses as of the date of execution.
1. A proposed Permanent Parenting Plan, with a child support worksheet and verified statement of income.
2. A Trial Memorandum that includes the following. The Trial Memorandum shall be in a format substantially similar to Appendix 4.
Counsel for any party seeking a modification of any divorce decree must present to the Judge a sworn petition setting forth the grounds relied upon for the modification.
The parties must submit all required paperwork and proposed Orders to the Divorce Referee and the Courtroom Clerk at least 24 hours in advance, or more if required by the Judge's preferences as published on the Clerk's website.
Attorneys are required to file a notice of appearance or have the Clerk place the attorney's name on the case file immediately upon being employed in any case.
An attorney must file an itemized attorney-fees affidavit whenever the court needs to determine attorney fees.
Court's wording
Whenever it is necessary for the Court to determine fees of attorneys, the attorney must file an affidavit setting forth an itemized statement of the services rendered, the time spent, a suggestion of the fee to be awarded, along with a statement of other pertinent facts, and such other information as the Judge may request.
The written notice must include: a description of the nature of the case, whether a jury has been demanded, and whether or not the party intends to testify.
Parties must file written notice when specified court personnel are real rather than nominal parties.
Court's wording
In any action in which a Shelby County attorney, a Shelby County Circuit Court and Chancery Court judicial assistant or law Clerk, or Circuit Court and Chancery Court Clerk's office employee is a real, rather than a nominal party, the parties must file a written notice of that fact with the Court within thirty (30) days after the first responsive pleading in Circuit Court and Chancery Court, or the docketing of the case in Circuit Court and Chancery Court (whichever is sooner).
Every pleading, order, decree, memorandum, and other paper submitted to the court must include the specified court caption.
- Document
- Court filing
Must include
- •Caption
Court's wording
All pleadings, orders, decrees, memoranda, and other papers submitted for consideration or action by the Court must be captioned "IN THE CIRCUIT COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS."
All such documents must be in the English language.
- Document
- Court filing
Must include
- •English
A new-trial motion based on charge error must identify the error by quoting the specific language and may not merely attack the charge generally.
Court's wording
When the basis for the motion for new trial is error in the Court’s charge, the specific error must be pointed out by quoting the particular language of that charge in the written motion. No general reference to the charge as erroneous as a whole will be deemed sufficient.
On all motions, the movant must certify that all counsel have participated in a conference to attempt to resolve the matters at issue in the motion before filing the motion.
- Document
- Motion
Must include
- •Certificate of conference
A new-trial motion based on an evidentiary ruling must identify the exact testimony admitted or rejected by quoting it or describing its substance with sufficient specificity.
Court's wording
When the basis for the motion for new trial is that the Court erred in the rejection or admission of evidence, it is not sufficient to merely state that the Court erred in the rejection or admission of evidence. The party seeking a new trial on this basis is required to point out in the motion the particular testimony admitted or rejected, either by quoting the specific testimony or giving the ===== PAGE 10 ===== substance of the testimony in such a manner that the exact part of the evidence can be identified with sufficient clarity and specificity.
Orders and decrees shall be presented for entry on the minutes within SEVEN (7) DAYS after the decision is rendered, the date of which must be stated in the body of the order or decree.
- Document
- Order or decree
- Placement
- Body of the document
All consent orders filed must be signed by the attorneys of record, to foreclose any question of real consent. Such consent orders must have the word "consent" in the caption and body of the order.
- Document
- Consent order
- Placement
- Caption
The Court will not hear any motion related to discovery unless counsel for the movant files with the motion, a statement which certifies that movant’s counsel has conferred with opposing counsel in a good faith effort to resolve the discovery dispute and that the effort has not been successful.
The party petitioning for child support must include a statement in the petition or by affidavit whether application for assistance with child support enforcement has been made pursuant to Title IV-D Services Act.
Each party must provide the Divorce Referee with an affidavit of income and expenses, as required by Rule Fourteen (C) at the hearing for temporary support.
If the parties have children, a separate permanent parenting plan with a child support worksheet attached must also be presented to the Court at the time of the hearing.
The motion shall specifically set forth what the movant seeks and specifically how the Divorce Referee was in error.
The final decree must state that the permanent parenting plan makes adequate and sufficient provision for the custody and maintenance of any children of the marriage.
(3) In all custody proceedings, the sworn statements required by T.C.A. § 36-4-106(b) (1) must also be contained within the pleadings or in an affidavit attached to the pleading.
Each party in a contested divorce, separate-maintenance suit, or legal-separation suit must file a sworn financial statement with the clerk no later than 90 days before trial, disclose changes as soon as possible and no later than 10 days before trial, and include the specified income, expense, property, and valuation information.
Court's wording
(1) In all contested divorces, suits for separate maintenance, or for legal separation, each party must file with the clerk, no later than ninety (90) days before trial, a sworn statement setting forth the party’s income, a list of expenses, and a description and valuation (or estimate) of real and/or personal property possessed in any form, the state of its title, and the party’s claimed interest in such property. The sworn statement must also include, if known, or if the information is reasonably procurable, the income and property interest of the opposing party, both real and personal, and the valuation thereof. Any changes in the statement while the case is pending must be disclosed as soon as possible, and not later than ten (10) days before the trial.
(1) At least twenty-four (24) hours before trial of any contested divorce is scheduled, counsel shall deliver to the Judge a memorandum that includes:
Each party must file a proposed temporary parenting plan conforming to T.C.A. § 36-6-401 et seq.
Court's wording
Before any hearing by the Court, other than the final hearing, each party shall file a proposed temporary parenting plan, in conformity with T.C.A. § 36-6-401 et seq., along with a verified statement of income as defined under existing law and local rules.
The Child Support Guidelines Worksheet must be attached to the Permanent Parenting Plan.
Parties must file certificates under the case docket number evidencing attendance at the parent educational seminar.
Court's wording
The parties shall file, under the case docket number, certificates, evidencing their attendance at the aforesaid seminar, at least five days before any court hearing, provided that the Referee may conduct a hearing for temporary support without such certificate, but only upon a finding that immediate need justifies such hearing without a certificate.
Filing & Service rules
Electronic Filing Rules
The Circuit Court and Chancery Court of Tennessee for the Thirtieth Judicial District at Memphis adopt electronic filing, and electronically filed pleadings and other papers are treated as written papers.
the Circuit Court and Chancery Court of Tennessee for the Thirtieth Judicial District at Memphis adopts electronic filing. Pleadings and other papers filed electronically in the Circuit Court and Chancery Court shall be considered the same as written papers.
Page 3 | RULE THREE. FILING OF PLEADINGS
Counsel and pro se litigants filing electronically must agree to the stated Terms of Use and comply with the E-Filing Rules in Appendix 3.
Counsel and pro se litigants filing by electronic means are required to agree to terms and conditions set forth in the Terms of Use found at https://efile.shelbycountytn.gov and are subject to E-Filing Rules set forth in Appendix 3.
Page 3 | RULE THREE. FILING OF PLEADINGS
Attorneys must use the online motion form on the Clerk's website to set motions for hearing.
Attorneys shall set their motions for hearing via the online motion form available on the Circuit Court Circuit Court and Chancery Court Clerk's website.
Page 4 | RULE FIVE. NON-DISPOSITIVE MOTIONS
Faxed documents are not included in the Court's electronic filing process.
For purposes of these rules, the process does not include the filing of faxed documents.
Page 29
An authorized user who wishes to file documents electronically must register as an E-Filer on the E-Filing website.
(a) Persons who are Authorized Users and who desire to electronically file a Document shall register as an E-Filer on the E-Filing website.
Page 31 | Part 8 - Registration Requirements
E-Filers must immediately update their E-Filing profile when any listed contact or identifying information changes.
(b) E-Filers shall change their E-Filing profile immediately upon any change in firm name, delivery address, phone number, fax number or e-mail address.
Page 31 | Part 8 - Registration Requirements
Counsel and pro se litigants filing electronically must agree to the stated terms of use and follow the E-Filing Rules in Appendix 3.
Counsel and pro se litigants filing by electronic means are required to agree to terms and conditions set forth in the Terms of Use found at https://efile.shelbycountytn.gov and are subject to E-Filing Rules set forth in Appendix 3.
Page 6 | Rule Three. Filing of Pleadings
Documents filed through E-Filing in new cases are validly filed, except where the E-Filing Rules expressly provide otherwise.
Except as expressly provided herein, for all new cases filed on or after the effective date of these E-Filing Rules, the Court shall accept as validly filed all Documents that are filed through E-Filing.
Page 37 | Part 6 - Scope of Rules
An Authorized User who wants to file electronically must register as an E-Filer on the E-Filing website.
Persons who are Authorized Users and who desire to electronically file a Document shall register as an E-Filer on the E-Filing website.
Page 37 | Part 8 - Registration Requirements
The Clerk must maintain the original and official case file electronically for cases filed on or after the rule's effective date.
The Clerk shall maintain the original and official case file in electronic format for those cases filed on or after the effective date.
Page 37 | Part 7 - Electronic Case File
Counsel and pro se litigants using electronic filing must agree to the website's Terms of Use and comply with the E-Filing Rules in Appendix 3.
Counsel and pro se litigants filing by electronic means are required to agree to terms and conditions set forth in the Terms of Use found at https://efile.shelbycountytn.gov and are subject to E-Filing Rules set forth in Appendix 3.
Page 3 | RULE THREE. FILING OF PLEADINGS
Attorneys must use the court clerk's online motion form to set motions for hearing.
Attorneys shall set their motions for hearing via the online motion form available on the Circuit Court and Chancery Court Clerk’s website.
Page 4 | RULE FIVE. NON-DISPOSITIVE MOTIONS
Temporary alimony and child-support motions may not be mailed to the Clerk.
Such motions cannot be mailed to the Clerk.
Page 9 | RULE THIRTEEN. DOMESTIC RELATIONS MOTIONS BEFORE DIVORCE REFEREE
Faxed documents are excluded from the Court’s electronic filing process.
"E-File" or "E-Filing" means the electronic transmission of original Documents to the Court, and from the Court, for the purposes of E-Filing. For purposes of these Rules, the process does not include the filing of faxed documents.
Page 27 | Definitions
The Court or Clerk may exclude specified documents or case types from electronic filing, with notice posted on the Court's E-Filing Website.
The Court or the Clerk may exclude Documents and/or certain types of cases from E-Filing. Notice of these excluded Documents and/or cases will be provided on the Court's E-Filing Website.
Page 30 | Part 5 - Electronic Filing Encouraged Unless Ordered by Court
The Court or Clerk may exclude specified documents or case types from electronic filing, with notice posted on the Court’s E-Filing Website.
(b) The Court or the Clerk may exclude Documents and/or certain types of cases from E-Filing. Notice of these excluded Documents and/or cases will be provided on the Court’s E-Filing Website.
Page 36 | Part 5 - Electronic Filing Encouraged Unless Ordered by Court
E-Filers must immediately update their E-Filing profile after specified contact or firm information changes.
E-Filers shall change their E-Filing profile immediately upon any change in firm name, delivery address, phone number, fax number or e-mail address.
Page 37 | Part 8 - Registration Requirements
After receiving a properly executed Terms of Use Agreement, the System Administrator must give the Authorized User confidential E-Filing credentials.
Upon receipt of a properly executed Terms of Use Agreement, the System Administrator shall assign to the Authorized User a confidential login and password to the E-Filing Website.
Page 37 | Part 8 - Registration Requirements
The filing party or attorney must maintain the original document and make it available for reasonable inspection on notice.
The original Document shall be maintained by the Party or the attorney E-Filing the Document and shall be made available upon reasonable notice, for inspection by other counsel, the Clerk or the Court.
Page 38 | Part 12 - Signatures
Pleadings and other papers filed electronically in the Circuit Court and Chancery Court have the same legal status as written papers.
Pleadings and other papers filed electronically in the Circuit Court and Chancery Court shall be considered the same as written papers.
Page 28 | Part 1 – General Provisions and Authority
The Circuit Court and Chancery Court for the Thirtieth Judicial District have adopted electronic filing.
In accordance with Rule 5B of the Tennessee Rules of Civil Procedure, the Circuit Court and Chancery Court of Tennessee for the Thirtieth Judicial District adopts electronic filing.
Page 28 | Part 1 – General Provisions and Authority
Electronic filing is strongly encouraged, and documents that may traditionally be filed may generally be filed electronically unless excluded.
E-Filing of Documents is strongly encouraged by this Court. Except as provided by subsection (b) below, a Document that can be Traditionally Filed with the Court may be E-Filed.
Page 30 | Part 5 - Electronic Filing Encouraged Unless Ordered by Court
E-Filers may access the E-Filing Website through an internet access point or the Clerk's Public Access Terminal.
(c) E-Filers may obtain access to the E-Filing Website either through an internet access point or by using the Clerk's Public Access Terminal located in the Clerk's Office.
Page 31 | Part 6 – Scope of Rules
The Court and Clerk may electronically issue, file, and serve notices, orders, and other documents subject to the E-Filing Rules.
(b) The Court and the Clerk may issue, file, and serve notices, orders, and other documents electronically, subject to the provision of these E-Filing Rules.
Page 31 | Part 6 – Scope of Rules
The court permits pleadings and other papers to be filed electronically.
In accordance with Rule 5B, the Circuit Court of Tennessee for the Thirtieth Judicial District at Memphis adopts electronic filing.
Page 6 | Rule Three. Filing of Pleadings
The Circuit Court of Tennessee for the Thirtieth Judicial District permits electronic filing of pleadings and other papers, which have the same legal status as written papers.
In accordance with Rule 5B of the Tennessee Rules of Civil Procedure, the Circuit Court of Tennessee for the Thirtieth Judicial District adopts electronic filing. Pleadings and other papers filed electronically in the Circuit Court shall be considered the same as written papers.
Page 34 | Appendix 3. Shelby County Circuit Court Electronic Filing (E-Filing Rules), Part 1 - General Provisions and Authority
Electronic filing is strongly encouraged, and documents that may be traditionally filed may generally be electronically filed unless excluded by the Court or Clerk.
(a) E-Filing of Documents is strongly encouraged by this Court. Except as provided by subsection (b) below, a Document that can be Traditionally Filed with the Court may be E-Filed.
Page 36 | Part 5 - Electronic Filing Encouraged Unless Ordered by Court
A public access terminal in the Clerk’s Office permits electronic filing and viewing of public electronic court records during normal business hours.
“Public Access Terminal” means a publicly accessible computer provided by the Clerk for the purposes of allowing E-Filing and viewing of public electronic court records. The public access terminal shall be located in the Clerk’s Office and made available during normal business hours.
Page 36 | Part 3 - Definitions
The Court and Clerk may electronically issue, file, and serve notices, orders, and other documents subject to the E-Filing Rules.
The Court and the Clerk may issue, file, and serve notices, orders, and other documents electronically, subject to the provision of these E-Filing Rules.
Page 37 | Part 6 - Scope of Rules
The courts permit electronic filing, and electronically filed pleadings and papers have the same status as written filings.
In accordance with Rule 5B, the Circuit Court and Chancery Court of Tennessee for the Thirtieth Judicial District at Memphis adopts electronic filing. Pleadings and other papers filed electronically in the Circuit Court and Chancery Court shall be considered the same as written papers.
Page 3 | RULE THREE. FILING OF PLEADINGS
The court adopts electronic filing, and pleadings or other papers filed electronically have the same status as written papers.
In accordance with Rule 5B of the Tennessee Rules of Civil Procedure, the Circuit Court and Chancery Court of Tennessee for the Thirtieth Judicial District adopts electronic filing. Pleadings and other papers filed electronically in the Circuit Court and Chancery Court shall be considered the same as written papers.
Page 26 | Part 1 – General Provisions and Authority
Electronic filing is strongly encouraged and permitted for documents that may be filed traditionally, unless the Court or Clerk excludes the document or case type and provides notice on the E-Filing Website.
(a) E-Filing of Documents is strongly encouraged by this Court. Except as provided by subsection (b) below, a Document that can be Traditionally Filed with the Court may be E-Filed. (b) The Court or the Clerk may exclude Documents and/or certain types of cases from E-Filing. Notice of these excluded Documents and/or cases will be provided on the Court's E-Filing Website.
Page 28 | Part 5 - Electronic Filing Encouraged Unless Ordered by Court
Filing Timing and Cure Windows
Responsive counsel or parties must deliver copies of all responsive briefs and memoranda to the Judge or Courtroom Clerk at least four days before argument.
the responding counsel or party or parties must deliver a copy of all responsive briefs and memoranda to the Judge or the Courtroom Clerk at least four (4) days before the motion is argued
Page 5 | RULE FIVE. NON-DISPOSITIVE MOTIONS
(C) A written motion (other than one which may be heard ex parte), and notice of the hearing thereof, shall be served not later than fourteen (14) seven (7) days before the time specified for the hearing, unless a specific period is fixed by these Rules or by order of the Court.
(C) A written motion (other than one which may be heard ex parte), and notice of the hearing thereof, shall be served not later than fourteen (14) seven (7) days before the time specified for the hearing, unless a specific period is fixed by these Rules or by order of the Court.
Page 5 | RULE FIVE. NON-DISPOSITIVE MOTIONS
(F) Moving counsel or party must file all memorandum briefs and supporting documents with the Clerk and must deliver a copy of all briefs and memoranda to the Judge or the Courtroom Clerk at least fourteen (14) seven (7) days before the motion is argued; and the responding counsel or party or parties must deliver a copy of all responsive briefs and memoranda to the Judge or the Courtroom Clerk at least four (4) days before the motion is argued, to give the Judge a reasonable opportunity to read the briefs before the hearing.
(F) Moving counsel or party must file all memorandum briefs and supporting documents with the Clerk and must deliver a copy of all briefs and memoranda to the Judge or the Courtroom Clerk at least fourteen (14) seven (7) days before the motion is argued; and the responding counsel or party or parties must deliver a copy of all responsive briefs and memoranda to the Judge or the Courtroom Clerk at least four (4) days before the motion is argued, to give the Judge a reasonable opportunity to read the briefs before the hearing.
Page 5 | RULE FIVE. NON-DISPOSITIVE MOTIONS
A motion for a new trial or to alter or amend judgment must be set for hearing within 30 days after filing.
(A) All motions for a new trial or to alter or amend must be set for hearing within thirty (30) days after filing the motion.
Page 6 | RULE SEVEN. MOTIONS FOR NEW TRIAL
Summary-judgment and dismissal motions must be filed with the Clerk at least 45 days before hearing, together with the proponent's brief and supporting materials.
(A) All motions for summary judgment and to dismiss shall be filed with the Clerk at least forty-five (45) days before the motion is heard, along with the proponent's memorandum brief and any affidavits and supporting documents.
Page 6 | RULE SIX. DISPOSITIVE MOTIONS
Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the Courtroom Clerk (with a copy of any affidavits and supporting documents) at least fifteen (15) days before the motion is set to be heard.
Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the Courtroom Clerk (with a copy of any affidavits and supporting documents) at least fifteen (15) days before the motion is set to be heard.
Page 6 | RULE SIX. DISPOSITIVE MOTIONS
Orders and decrees must be presented for entry within seven days after the decision, with the decision date stated in the document body.
Orders and decrees shall be presented for entry on the minutes within SEVEN (7) DAYS after the decision is rendered, the date of which must be stated in the body of the order or decree.
Page 7 | RULE TEN. ORDERS AND DECREES
An order confirming the Divorce Referee's ruling must be submitted to the assigned court within seven days of the ruling.
Orders confirming the Divorce Referee's ruling must be submitted to the Court in which the case is assigned within seven (7) days of the Referee's ruling as provided by Rule Ten of these rulesRules.
Page 10 | RULE THIRTEEN. DOMESTIC RELATIONS MOTIONS BEFORE DIVORCE REFEREE
A Divorce Referee finding becomes final unless a written appeal motion is filed within 10 days, stating the requested relief and the alleged error.
The finding of the Divorce Referee will become final unless an appeal from said finding is made within (10) days as provided by these rulesRules. Appeals from the Divorce Referee's ruling must be made by written motion within ten (10) days of the Referee's written ruling and must be placed on the Friday 10:00 a.m. Docket in the Division to which the case is assigned, or specially set by fiat. The motion shall specifically set forth what the movant seeks and specifically how the Divorce Referee was in error.
Page 10 | RULE THIRTEEN. DOMESTIC RELATIONS MOTIONS BEFORE DIVORCE REFEREE
An irreconcilable-differences divorce may not be heard until 60 days after filing when there are no children or 90 days after filing when there are children.
Divorces based on irreconcilable differences cannot be heard until sixty (60) days (no children) or ninety (90) days (with children) have elapsed since filing of the complaint in accordance with T.C.A. § 36-4-103.
Page 11 | RULE FOURTEEN. DOMESTIC RELATIONS CASES (A)(3)
The required paperwork and proposed orders for an irreconcilable-differences hearing are due at least 24 hours in advance.
The parties must submit all required paperwork and proposed Orders to the Divorce Referee and the Courtroom Clerk at least 24 hours in advance.
Page 11 | RULE FOURTEEN. DOMESTIC RELATIONS CASES (A)(5)
When no responsive pleading has been filed, a Rule 55 default judgment must be obtained after service of process and before further hearing of the divorce case.
In all divorce cases in which no responsive pleading has been filed, after service of process has been completed, a judgment by default under T.R. C.P. Rule 55 must be obtained before the case can be heard further.
Page 12 | RULE FOURTEEN. DOMESTIC RELATIONS CASES (B)(1)
The income-and-expense affidavit must be filed and served within 60 days after the complaint is filed or, for a defendant, within 60 days after the answer is due.
Said affidavit shall be filed and served no later than sixty (60) days after filing of the Complaint or, for the Defendant, sixty (60) days after an Answer is due.
Page 12 | RULE FOURTEEN. DOMESTIC RELATIONS CASES (C) Financial Statements in all domestic matters 1
Changes or supplementation to the income-and-expense affidavit must be disclosed as soon as possible and no later than 15 days before trial.
Any changes or supplementation to the Affidavit must be disclosed as soon as possible, and not later than fifteen (15) days before trial.
Page 12 | RULE FOURTEEN. DOMESTIC RELATIONS CASES (C) Financial Statements in all domestic matters 1
A divorce on grounds will not be heard until 30 days after entry of the default judgment order.
Divorces on grounds will not be heard until thirty (30) days after the default judgment order has been entered.
Page 12 | RULE FOURTEEN. DOMESTIC RELATIONS CASES (B)(2)
At least ten days before trial, parties in contested divorce, separate-maintenance, or legal-separation actions must file the specified pretrial documents.
At least ten (10) days before the trial of any contested action for divorce, separate maintenance, or for legal separation, the parties must file the following:
Page 13 | (D) Sworn Statements for Contested Trials
The required written notice of a real party who is court personnel is due within 30 days after the first responsive pleading or docketing, whichever occurs first.
In any action in which a Shelby County attorney, a Shelby County Circuit Court and Chancery Court judicial assistant or law Clerk, or Circuit Court and Chancery Court Clerk's office employee is a real, rather than a nominal party, the parties must file a written notice of that fact with the Court within thirty (30) days after the first responsive pleading in Circuit Court and Chancery Court, or the docketing of the case in Circuit Court and Chancery Court (whichever is sooner).
Page 16 | RULE TWENTY-ONE. ATTORNEYS OR COURT PERSONNEL AS PARTIES
Anticipated motions in limine must be filed and presented to the court no less than 14 days before trial.
All motions in limine that can be reasonably anticipated should be filed and presented to the Court well before the day of the trial and no less than 14 days prior to trial.
Page 17 | RULE TWENTY-FOUR. NOTICE OF COMPLEX CASES
For new cases subject to the E-Filing Rules, the Court will accept documents filed through E-Filing as validly filed unless an express exception applies.
(a) Except as expressly provided herein, for all new cases filed on or after the effective date of these E-Filing Rules, the Court shall accept as validly filed all Documents that are filed through E-Filing.
Page 31 | Part 6 – Scope of Rules
A rejected document does not enter the official court record, the E-Filer receives notice of rejection, and refiling may be required to satisfy filing requirements.
In the event the Clerk rejects the submitted Document following review, the rejected Document shall not become part of the official Court record and the E-Filer will receive notification of the rejection. E-Filers may be required to re-file the Document to meet necessary filing requirements.
Page 31 | Part 9 – Time and Effect of E-Filing
An e-filed document is considered filed when the Clerk receives the complete transmission, and a qualifying document received before local midnight is deemed filed that day.
Any E-Filed Document shall be considered as filed with the Clerk when the transmission of the entire Document is received by the Clerk. Any Document received by the Clerk before midnight local time of the Clerk's Office shall be deemed filed on that date if such Document otherwise meets all the requirements for filing under the relevant rules of the Court.
Page 31 | Part 9 – Time and Effect of E-Filing
The Clerk must transmit an electronic Transaction Receipt upon receiving an e-filed document, and the receipt serves as proof of filing.
Upon receipt by the Clerk of an E-Filed Document, the Clerk shall electronically transmit a Transaction Receipt indicating that the E-Filing has been received. The Transaction Receipt shall serve as proof of filing.
Page 31 | Part 9 – Time and Effect of E-Filing
Respondent’s counsel must file a memorandum brief with the Clerk and deliver it, with copies of any affidavits and supporting documents, to the Judge or courtroom clerk at least ten (10) days before the motion is heard.
Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the courtroom clerk (with a copy of any affidavits and supporting documents) at least ten (10) days before the motion is heard.
Page 9 | Rule Six. Dispositive Motions
A motion for a new trial or to alter or amend judgment must be set for hearing within 30 days after it is filed.
All motions for a new trial or to alter or amend must be set for hearing within thirty (30) days after filing the motion.
Page 9 | Rule Seven. Motions for New Trial
No motions will be heard unless all parties have complied with this rule.
No motions will be heard unless all parties have complied with this rule.
Page 9 | Rule Six. Dispositive Motions
A summary-judgment or dismissal motion, the proponent’s memorandum brief, and supporting documents must be filed at least 30 days before the hearing.
All motions for summary judgment and to dismiss shall be filed with the Clerk at least thirty (30) days before the motion is heard, along with the proponent’s memorandum brief and any affidavits and supporting documents.
Page 9 | Rule Six. Dispositive Motions
An order or decree must be presented for entry within 7 days after the decision is rendered.
Orders and decrees shall be presented for entry on the minutes within SEVEN (7) DAYS after the decision is rendered, the date of which must be stated in the body of the order or decree.
Page 10 | Rule Ten. Orders and Decrees
The sworn statement required by Rule Fourteen (C) must be filed at least three days before the hearing date, whether the matter is heard by the Court or Divorce Referee.
Whether heard by the Court or Divorce Referee, a sworn statement required in Rule Fourteen (C) must be filed not less than three (3) days before the hearing date.
Page 12 | RULE THIRTEEN. DOMESTIC RELATIONS MOTIONS BEFORE DIVORCE REFEREE
An order confirming the Divorce Referee’s ruling must be submitted to the assigned court within seven days after the ruling.
Orders confirming the Divorce Referee’s ruling must be submitted to the Court in which the case is assigned within seven (7) days of the Referee's ruling as provided by Rule Ten of these rules.
Page 13 | Rule Thirteen. Domestic Relations Motions
An appeal from the Divorce Referee’s ruling must be made by written motion within ten days and placed on the assigned division’s Friday 10:00 a.m. docket or specially set by fiat.
Appeals from the Divorce Referee’s ruling must be made by written motion within ten (10) days of the Referee’s written ruling, and must be placed on the Friday 10:00 a.m. Docket in the Division to which the case is assigned, or specially set by fiat.
Page 14 | Rule Thirteen. Domestic Relations Motions
Before any nonfinal hearing, each party must file a proposed temporary parenting plan and a verified statement of income.
Before any hearing by the Court, other than the final hearing, each party shall file a proposed temporary parenting plan, in conformity with T.C.A. § 36-6-401 et seq., along with a verified statement of income as defined under existing law and local rules.
Page 17 | Rule Fourteen. Domestic Relations Cases
The parties must submit a proposed permanent parenting plan, jointly or separately, on the day of the uncontested divorce hearing.
The parties must submit to the court (either jointly or separately) a proposed permanent parenting plan on the day of the uncontested divorce hearing.
Page 17 | Rule Fourteen. Domestic Relations Cases
Attendance certificates generally must be filed under the docket number at least five days before a hearing, although the Referee may hear temporary-support matters without one upon a finding of immediate need.
The parties shall file, under the case docket number, certificates, evidencing their attendance at the aforesaid seminar, at least five days before any court hearing, provided that the Referee may conduct a hearing for temporary support without such certificate, but only upon a finding that immediate need justifies such hearing without a certificate.
Page 17 | Rule Fourteen. Domestic Relations Cases
When a Shelby County attorney is a real party, the parties must file written notice within 30 days after the first responsive pleading or docketing in Circuit Court, whichever occurs first.
In any action in which a Shelby County attorney is a real, rather than a nominal party, the parties must file a written notice of that fact with the Court within thirty (30) days after the first responsive pleading in Circuit Court, or the docketing of the case in Circuit Court (whichever is sooner).
Page 20 | Rule Twenty-One. Attorneys as Parties
Counsel must notify the court well in advance of trial when a case satisfies any listed complexity criterion.
All Counsel are required to inform the Court, well in advance of trial, of any case that is: (1) expected to be over five (5) days in length, or (2) involves over four (4) separately represented parties, or (3) involves complex questions of fact or law, or (4) in which there is anticipated a number of questions which should be resolved before jury selection, or (5) in which, for any other reason, reasonably requires advance notice to the Court to avoid delay, confusion, or error at trial.
Page 21 | RULE TWENTY-FOUR. NOTICE OF COMPLEX CASES
Counsel must give written notice to the courtroom clerk and provide a copy to the judge at least ten days before a hearing involving a person with a disability requiring special accommodation.
Counsel with knowledge of a litigant or witness involved in the trial or hearing with a disability requiring special accommodation must notify the courtroom clerk of the division of court in which the matter is to be heard, with a copy of said the notice to the ===== PAGE 22 ===== Judge. The written notice must be given at least ten (10) days before the hearing, in order to allow the Court to comply with the letter and spirit of the Americans with Disabilities Act.
Page 21 | RULE TWENTY-FIVE. PRIVATE PROCESS SERVERS
Counsel of record must notify the court at least fifteen days before a legal proceeding if a participant is expected to be a Limited English Proficient person.
In accordance with Rule 42 of the Rules of the Supreme Court, it shall be the duty and responsibility of counsel of record to notify the Court, not less than fifteen (15) days prior to any legal proceeding, of the expected participation by a party, witness, or other person who is a Limited English Proficient person.
Page 22 | RULE TWENTY-SEVEN. COURT INTERPRETERS
A party seeking a less-preferred interpreter must submit the required petition to the court at least thirty days before the proceeding.
In the event a party seeks appointment of an Interpreter of lesser preference, the party shall submit to the Court, not less than thirty (30) days prior to the proceeding a petition setting forth the basis for such appointment addressing the criteria set forth in Rule 42(d)(e) and (f) of the Rules of the Supreme Court.
Page 22 | RULE TWENTY-SEVEN. COURT INTERPRETERS
The parties must secure a State Certified Court Interpreter before a trial or hearing and present an appointment order at least fifteen days before the proceeding.
It shall be the duty of the parties to secure the services of a State Certified Court Interpreter prior to any trial or hearing and present an Order of Appointment to the Court not less than fifteen (15) days prior to the proceeding.
Page 22 | RULE TWENTY-SEVEN. COURT INTERPRETERS
A qualifying document received before midnight at the Clerk's Office is deemed filed that same date.
Any Document received by the Clerk before midnight local time of the Clerk’s Office shall be deemed filed on that date if such Document otherwise meets all the requirements for filing under the relevant rules of the Court.
Page 37 | Part 9 - Time and Effect of E-Filing
A rejected electronic filing does not enter the court record, the E-Filer is notified, and refiling may be required to satisfy filing rules.
In the event the Clerk rejects the submitted Document following review, the rejected Document shall not become part of the official Court record and the E-Filer will receive notification of the rejection. E-Filers may be required to re-file the Document to meet necessary filing requirements.
Page 37 | Part 9 - Time and Effect of E-Filing
An electronically filed document is filed when the Clerk receives the document's entire transmission.
Any E-Filed Document shall be considered as filed with the Clerk when the transmission of the entire Document is received by the Clerk.
Page 37 | Part 9 - Time and Effect of E-Filing
For transmission errors, processing failures, rejection, or other technical problems, the Court may upon satisfactory proof permit nunc pro tunc filing to the date of the first electronic filing attempt and may extend related response or action deadlines.
If the E-Filing does not occur because of: (1) an error in the transmission of the Document to the Clerk which was unknown to the sending party, (2) a failure to process the electronic Document when received by the Clerk, (3) rejection by the Court or Clerk, or (4) other technical problems experienced by the E-Filer or the Clerk, the Court may, upon satisfactory proof, enter an order permitting the Document to be filed nunc pro tunc to the date the Document was first attempted to be filed electronically and may also extend the date for any response or the period within which any right, duty or other act must be performed.
Page 39 | Appendix 3. Shelby County Circuit Court Electronic Filing
Except for motions made during trial, a motion must be docketed by the close of business on the preceding Friday to be heard.
Except motions made during the actual trial of the case, all motions must be entered on the motion docket. Only those motions placed on the motion docket by the close of business on the preceding Friday will be heard.
Page 4 | RULE FIVE. NON-DISPOSITIVE MOTIONS
A motion for summary judgment or dismissal, the proponent's brief, and supporting materials must be filed at least 45 days before the hearing.
All motions for summary judgment and to dismiss shall be filed with the Clerk at least forty-five (45) days before the motion is heard, along with the proponent's memorandum brief and any affidavits and supporting documents.
Page 5 | RULE SIX. DISPOSITIVE MOTIONS
The respondent's brief and supporting materials must be filed and delivered to the Judge or Courtroom Clerk at least 15 days before the hearing.
Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the Courtroom Clerk (with a copy of any affidavits and supporting documents) at least fifteen (15) days before the motion is set to be heard.
Page 5 | RULE SIX. DISPOSITIVE MOTIONS
A motion for a new trial or alteration or amendment of judgment must be set for hearing within 30 days after filing.
All motions for a new trial or to alter or amend must be set for hearing within thirty (30) days after filing the motion.
Page 6 | RULE SEVEN. MOTIONS FOR NEW TRIAL
Orders and decrees must be presented for entry within seven days after the decision is rendered, and the decision date must appear in the document.
Orders and decrees shall be presented for entry on the minutes within SEVEN (7) DAYS after the decision is rendered, the date of which must be stated in the body of the order or decree.
Page 7 | RULE TEN. ORDERS AND DECREES
Temporary alimony and child-support motions are heard eight days after notice.
Motions for allowance of temporary alimony or child support will be heard by the Divorce Referee eight (8) days after notice in accordance with T.R.C.P. Rules 6.01, 6.04, and 6.05, and will be heard each week as set forth in this Rule.
Page 9 | RULE THIRTEEN. DOMESTIC RELATIONS MOTIONS BEFORE DIVORCE REFEREE
Service and Proof of Service Rules
Notice of the hearing must be mailed to all adversary counsel or, for an unrepresented party, to that party's last known address.
Such notice shall be mailed to all adversary counsel or unrepresented party's last known address.
Page 5 | RULE FIVE. NON-DISPOSITIVE MOTIONS
Service copies to all adverse parties must meet the same 45-day or 15-day deadlines applicable to the proponent's or respondent's filings.
Service copies to all adverse parties must meet the same deadlines.
Page 6 | RULE SIX. DISPOSITIVE MOTIONS
When an unrepresented opposing party exists, the preparer must send it the proposed order and notice of the presentation time and place so that it may object or submit its own order.
If the opposing party has no counsel of record, the attorney or party preparing the order must send a copy of the order to the opposing party along with a notice of the time and place when the order will be presented to the Court, to give the opposing party an opportunity to appear and object to the wording of the order, or to present the party's own order.
Page 8 | RULE TEN. ORDERS AND DECREES
The attorney setting an irreconcilable-differences hearing must give the opposing party or attorney five days' written notice of the hearing date and time.
The attorney setting the case for a hearing must give the opposing party or attorney five (5) days written notice of the date and time of the hearing.
Page 11 | RULE FOURTEEN. DOMESTIC RELATIONS CASES (A)(6)
The income-and-expense affidavit must be filed and served in these domestic matters.
In all contested divorces, suits for separate maintenance, or for legal separation, each party must file and serve an affidavit stating gross income from all sources and all expenses as of the date of execution.
Page 12 | RULE FOURTEEN. DOMESTIC RELATIONS CASES (C) Financial Statements in all domestic matters 1
The sworn financial statement must be filed and served in these domestic matters.
In all contested divorces, suits for separate maintenance, or for legal separation, each party must file and serve a sworn financial statement stating all assets and debts of the parties, both marital and separate.
Page 12 | RULE FOURTEEN. DOMESTIC RELATIONS CASES (C) Financial Statements in all domestic matters 2
The document must be served on the opposing party or their counsel at least ten days before trial.
9. I certify that this was served upon the opposing party or their counsel at least ten (10) days before trial.
Page 41
A written motion and notice of hearing must be served at least five days before the hearing unless the rules or a court order specify a different period.
A written motion (other than one which may be heard ex parte), and notice of the hearing thereof, shall be served not later than five (5) days before the time specified for the hearing, unless a specific period is fixed by these rules or by order of the Court.
Page 8 | Rule Five. Non-Dispositive Motions
Service copies to all adverse parties must meet the same deadlines.
Service copies to all adverse parties must meet the same deadlines.
Page 9 | Rule Six. Dispositive Motions
Copies served on all adverse parties must meet the same 45-day initial and 15-day responsive deadlines applicable to the corresponding filings.
Service copies to all adverse parties must meet the same deadlines.
Page 5 | RULE SIX. DISPOSITIVE MOTIONS
If opposing counsel does not promptly sign and return an order, the preparing party must give notice of the presentation time and place and provide opposing counsel a certificate of service.
If the adversary counsel fails or refuses to sign and promptly return the order or decree, the party preparing the order or decree must give notice of the time and place when the order will be presented to the Court and be prepared to enter the order at that time, with a certificate of service to opposing counsel.
Page 7 | RULE TEN. ORDERS AND DECREES
When the opposing party has no counsel of record, the preparing attorney or party must send the opposing party a copy of the order and notice of the presentation time and place.
If the opposing party has no counsel of record, the attorney or party preparing the order must send a copy of the order to the opposing party along with a notice of the time and place when the order will be presented to the Court, to give the opposing party an opportunity to appear and object to the wording of the order, or to present the party's own order.
Page 7 | RULE TEN. ORDERS AND DECREES
The attorney setting an irreconcilable-differences divorce hearing must provide five days' written notice of the hearing date and time.
The attorney setting the case for a hearing must give the opposing party or attorney five (5) days written notice of the date and time of the hearing.
Page 11 | (A) Divorces Based on Irreconcilable Differences
The document must be served on the opposing party or their counsel at least ten days before trial.
9. I certify that this was served upon the opposing party or their counsel at least ten (10) days before trial.
Page 39
If opposing counsel does not return the order, the preparing party must give notice of the presentation time and place and provide opposing counsel a certificate of service.
The party preparing the order or decree must give notice of the time and place when the order will be presented to the Court, and be prepared to enter the order at that time, with a certificate of service to opposing counsel.
Page 10 | Rule Ten. Orders and Decrees
When the opposing party has no counsel of record, the attorney or party preparing an order must send the opposing party a copy of the order and notice of when and where it will be presented.
If the opposing party has no counsel of record, the attorney or party preparing the order must send a copy of the order to the opposing party along with a notice of the time and place when the order will be presented to the Court, to give the opposing party an opportunity to appear and object to the wording of the order, or to present the party’s own order.
Page 11 | RULE TEN. ORDERS AND DECREES
Attorneys should serve copies of all briefs on opposing counsel when the briefs are filed with the court.
A lawyer should serve copies of all briefs upon opposing counsel at the time that they are filed with the court.
Page 27 | Appendix 1. Memphis Bar Association Guidelines for Professional Courtesy and Conduct
A lawyer should serve opposing counsel with copies of every brief when the brief is filed with the Court.
12. A lawyer should serve copies of all briefs upon opposing counsel at the time that they are filed with the Court.
Page 23
A lawyer should give the Court and opposing counsel the earliest possible notice when a deposition or hearing is canceled.
a) Give notice of cancellation of depositions and hearings to the Court and opposing counsel at the earliest possible time.
Page 23
The Court and Clerk may electronically serve notices, orders, and other documents subject to the E-Filing Rules.
(b) The Court and the Clerk may issue, file, and serve notices, orders, and other documents electronically, subject to the provision of these E-Filing Rules.
Page 31 | Part 6 – Scope of Rules
Copies of all briefs should be served on opposing counsel when the briefs are filed with the Court.
A lawyer should serve copies of all briefs upon opposing counsel at the time that they are filed with the Court.
Page 23 | II. PROFESSIONAL CONDUCT
The Court and Clerk may electronically issue, file, and serve notices, orders, and other documents.
The Court and the Clerk may issue, file, and serve notices, orders, and other documents electronically, subject to the provision of these E-Filing Rules.
Page 29 | Part 6 – Scope of Rules
Except for ex parte motions and when another period is fixed, the written motion and hearing notice must be mailed at least seven days before the hearing to adversary counsel or an unrepresented party's last known address.
A written motion (other than one which may be heard ex parte), and notice of the hearing thereof, shall be served not later than seven (7) days before the time specified for the hearing, unless a specific period is fixed by these Rules or by order of the Court. Such notice shall be mailed to all adversary counsel or unrepresented party’s last known address.
Page 4 | RULE FIVE. NON-DISPOSITIVE MOTIONS
Filing Fees and Waivers
Statutory filing fees for e-filed documents must be paid immediately by credit card unless the Court excuses payment.
(a) All E-Filed Documents subject to statutory filing fees shall require payment of such filing fees immediately upon filing unless excused by the Court. These filing fees must be paid with a credit card at the time of E-Filing.
Page 32 | Part 11 Payment of Filing Fees
All applicable Writ of Possession filing fees must be collected at the filing counter.
Effective June 1, 2025, all applicable Writ of Possession fees will be collected from the filing counter
Page 1 | Home
Statutory filing fees must be paid immediately by credit card when electronically filing unless the Court excuses payment.
All E-Filed Documents subject to statutory filing fees shall require payment of such filing fees immediately upon filing unless excused by the Court. These filing fees must be paid with a credit card at the time of E-Filing.
Page 38 | Part 11 - Payment of Filing Fees
Statutory filing fees for electronically filed documents must be paid immediately by credit card unless the Court excuses payment.
All E-Filed Documents subject to statutory filing fees shall require payment of such filing fees immediately upon filing unless excused by the Court. These filing fees must be paid with a credit card at the time of E-Filing.
Page 30 | Part 11 Payment of Filing Fees
The Clerk may impose an additional convenience fee for electronic filing, separate from regular filing and other fees.
(b) The Clerk may charge E-Filers a Convenience Fee to E-File Documents. This Convenience Fee will be in addition to regular filing fees or other fees.
Page 32 | Part 11 Payment of Filing Fees
An E-Filer seeking a refund for an improper fee collection must contact the Clerk's Office directly, and refunds will not be paid in cash.
(c) Refunds due to improper collection will require the E-Filer to contact the Clerk's Office directly. Refunds will not be made in cash.
Page 32 | Part 11 Payment of Filing Fees
Electronic filing is subject to a convenience fee in addition to regular filing fees, and the convenience fee is treated as a court cost.
“Convenience Fee” is a fee charged in connection with electronic filing that is in addition to regular filing fees. A Convenience Fee will be considered a court cost.
Page 35 | Part 3 - Definitions
Using the E-Filing Website constitutes consent to process or charge the supplied credit card.
Use of the E-Filing Website constitutes E-Filer’s consent to process or charge the credit card supplied.
Page 38 | Part 11 - Payment of Filing Fees
The Clerk may impose an additional convenience fee for electronic filing.
The Clerk may charge E-Filers a Convenience Fee to E-File Documents. This Convenience Fee will be in addition to regular filing fees or other fees.
Page 38 | Part 11 - Payment of Filing Fees
An E-Filer seeking a refund for an improper collection must contact the Clerk's Office directly, and refunds are unavailable in cash.
Refunds due to improper collection will require the E-Filer to contact the Clerk’s Office directly. Refunds will not be made in cash.
Page 38 | Part 11 - Payment of Filing Fees
Electronic filing is subject to a Convenience Fee in addition to regular filing fees, and the Convenience Fee is treated as a court cost.
"Convenience Fee" is a fee charged in connection with electronic filing that is in addition to regular filing fees. A Convenience Fee will be considered a Court cost.
Page 27 | Definitions
The Clerk may charge an additional convenience fee for electronic filing.
The Clerk may charge E-Filers a Convenience Fee to E-File Documents. This Convenience Fee will be in addition to regular filing fees or other fees.
Page 30 | Part 11 Payment of Filing Fees
Refunds for improperly collected fees require direct contact with the Clerk's Office and are not available in cash.
Refunds due to improper collection will require the E-Filer to contact the Clerk's Office directly. Refunds will not be made in cash.
Page 30 | Part 11 Payment of Filing Fees
Courtesy Copy Requirements
A Courtesy copy of the written notice shall be delivered to the assigned Judge.
A Courtesy copy of the written notice shall be delivered to the assigned Judge.
Page 16 | RULE TWENTY-ONE. ATTORNEYS OR COURT PERSONNEL AS PARTIES
The motion proponent must deliver copies of all briefs and memoranda to the judge or courtroom clerk at least five days before argument.
Counsel for the proponent of the motion must deliver a copy of all briefs and memoranda to the Judge or the courtroom clerk at least five (5) days before the motion is argued
Page 8 | Rule Five. Non-Dispositive Motions
Counsel for the responding party or parties must deliver copies of all responsive briefs and memoranda to the judge or courtroom clerk at least two days before argument.
counsel for the responding party or parties must deliver a copy of all responsive briefs and memoranda to the Judge or the courtroom clerk at least two (2) days before the motion is argued
Page 8 | Rule Five. Non-Dispositive Motions
Respondent’s counsel must file a memorandum brief with the Clerk and deliver it, with copies of affidavits and supporting documents, to the Judge or Courtroom Clerk at least fifteen (15) days before the motion hearing.
Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the Courtroom Clerk (with a copy of any affidavits and supporting documents) at least fifteen (15) days before the motion is set to be heard.
Page 5 | RULE SIX. DISPOSITIVE MOTIONS
Moving papers must be filed with the Clerk and copies delivered to the Judge or Courtroom Clerk at least seven days before argument, while responsive copies must be delivered at least four days before argument.
Moving counsel or party must file all memorandum briefs and supporting documents with the Clerk and must deliver a copy of all briefs and memoranda to the Judge or the Courtroom Clerk at least seven (7) days before the motion is argued; and the responding counsel or party or parties must deliver a copy of all responsive briefs and memoranda to the Judge or the Courtroom Clerk at least four (4) days before the motion is argued, to give the Judge a reasonable opportunity to read the briefs before the hearing. Failure to follow the above requirements may result in the motion not being heard.
Page 5 | RULE FIVE. NON-DISPOSITIVE MOTIONS
Proponents of motions for summary judgment or to dismiss must file the motion, memorandum brief, affidavits, and supporting documents with the Clerk at least forty-five (45) days before the hearing, and deliver the brief and supporting materials to the Judge or Courtroom Clerk.
All motions for summary judgment and to dismiss shall be filed with the Clerk at least forty-five (45) days before the motion is heard, along with the proponent's memorandum brief and any affidavits and supporting documents. The proponent must also deliver a copy of the memorandum brief to the Judge or the Courtroom Clerk (with a copy of any affidavits and supporting documents).
Page 5 | RULE SIX. DISPOSITIVE MOTIONS
The responding party must deliver one copy of all responsive briefs and memoranda to the Judge or Courtroom Clerk at least four days before argument.
the responding counsel or party or parties must deliver a copy of all responsive briefs and memoranda to the Judge or the Courtroom Clerk at least four (4) days before the motion is argued
Page 5 | RULE FIVE. NON-DISPOSITIVE MOTIONS
Moving counsel or party must file all memorandum briefs and supporting documents with the Clerk and must deliver a copy of all briefs and memoranda to the Judge or the Courtroom Clerk at least fourteen (14) seven (7) days before the motion is argued
Moving counsel or party must file all memorandum briefs and supporting documents with the Clerk and must deliver a copy of all briefs and memoranda to the Judge or the Courtroom Clerk at least fourteen (14) seven (7) days before the motion is argued
Page 5 | RULE FIVE. NON-DISPOSITIVE MOTIONS
Respondent’s counsel must file a memorandum brief with the Clerk and deliver it, with copies of any affidavits and supporting documents, to the Judge or Courtroom Clerk at least fifteen (15) days before the motion hearing.
Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the Courtroom Clerk (with a copy of any affidavits and supporting documents) at least fifteen (15) days before the motion is set to be heard.
Page 6 | RULE SIX. DISPOSITIVE MOTIONS
The proponent must deliver one copy of the memorandum brief and supporting materials to the Judge or Courtroom Clerk.
The proponent must also deliver a copy of the memorandum brief to the Judge or the Courtroom Clerk (with a copy of any affidavits and supporting documents).
Page 6 | RULE SIX. DISPOSITIVE MOTIONS
Respondent’s counsel must file a memorandum brief with the Clerk and provide the Judge or courtroom clerk supporting copies at least ten (10) days before the motion is heard.
Counsel for the respondent must file a memorandum brief with the Clerk and deliver a copy to the Judge or the courtroom clerk (with a copy of any affidavits and supporting documents) at least ten (10) days before the motion is heard.
Page 9 | Rule Six. Dispositive Motions
The proponent must deliver one copy of the memorandum brief and supporting documents to the judge or courtroom clerk.
The proponent must also deliver a copy of the memorandum brief to the Judge or the courtroom clerk (with a copy of any affidavits and supporting documents).
Page 9 | Rule Six. Dispositive Motions
One courtesy copy of the written notice must be delivered to the assigned judge.
A Courtesy copy of the written notice shall be delivered to the assigned Judge.
Page 15 | RULE TWENTY-ONE. ATTORNEYS OR COURT PERSONNEL AS PARTIES
Sealing & Redaction Procedures
If a Social Security number must be included in a publicly filed document, only its last four digits may be used.
(a) Social Security Numbers. If a social security number must be included in a document, only the last four digits of that number must be used.
Page 32 | Part 13 – Privacy Issues
If an individual's date of birth must be included in a publicly filed document, only the year may be used.
(b) Dates of Birth. If an individual's date of birth must be included in a document, only the year must be used.
Page 32 | Part 13 – Privacy Issues
E-Filers must avoid including specified personal identifiers in publicly filed documents and exhibits, or redact them when inclusion is necessary unless statute or a court order requires inclusion.
E-Filers must be sensitive to confidential and personal information filed publicly, not under seal. E-Filers shall refrain from including, or shall redact as follows where inclusion is necessary, the following personal identifiers from all documents filed publicly with the Clerk, including exhibits thereto, unless required by statute or otherwise ordered by the Court:
Page 32 | Part 13 – Privacy Issues
Financial account numbers included in filed documents must be limited to their last four digits.
(c) Financial account numbers. If financial account numbers are relevant, only the last four digits of these numbers must be used.
Page 33 | Personal Identifiers
E-filers must ensure compliance with personal-identifier redaction requirements because the Clerk will not review each filing for redaction.
It is the sole responsibility of E-Filers to be sure that all Documents comply with the rules of this Court requiring redaction of personal identifiers. The Clerk will not review each Document for redaction.
Page 33 | Part 14 – System or User Filing Errors
When a Social Security number must be included, only its last four digits may be used.
Social Security Numbers. If a social security number must be included in a document, only the last four digits of that number must be used.
Page 38 | Part 13 - Privacy Issues
E-Filers must omit specified personal identifiers from publicly filed documents and exhibits, or redact them when inclusion is necessary, unless an exception applies.
E-Filers shall refrain from including, or shall redact as follows where inclusion is necessary, the following personal identifiers from all documents filed publicly with the Clerk, including exhibits thereto, unless required by statute or otherwise ordered by the Court:
Page 38 | Part 13 - Privacy Issues
E-filers are responsible for ensuring that filed documents comply with the Court’s rules requiring redaction of personal identifiers, and the Clerk will not review each document for redaction.
In addition, exercise caution when filing documents that contain the following: (1) Personal identifying number, such as a driver’s license number (2) Medical Records, treatment and diagnosis (3) Employment History (4) Individual Financial Information (5) Proprietary or Trade Secret Information It is the sole responsibility of E-Filers to be sure that all Documents comply with the rules of this Court requiring redaction of personal identifiers. The Clerk will not review each Document for redaction.
Page 39 | Appendix 3. Shelby County Circuit Court Electronic Filing
When financial account numbers are relevant, only the last four digits may be used.
If financial account numbers are relevant, only the last four digits of these numbers must be used.
Page 39 | Appendix 3. Shelby County Circuit Court Electronic Filing
When an individual’s date of birth must be included, only the year may be used.
If an individual’s date of birth must be included in a document, only the year must be used.
Page 39 | Appendix 3. Shelby County Circuit Court Electronic Filing
If a Social Security number must be included in a publicly filed document, only the last four digits may be used.
If a social security number must be included in a document, only the last four digits of that number must be used.
Page 30 | Part 13 – Privacy Issues
If an individual's date of birth must be included in a publicly filed document, only the year may be used.
If an individual's date of birth must be included in a document, only the year must be used.
Page 30 | Part 13 – Privacy Issues
Pre-Motion Conference Requirements
Before filing any motion, the movant must ensure that all counsel participate in a conference intended to resolve the matters at issue.
On all motions, the movant must certify that all counsel have participated in a conference to attempt to resolve the matters at issue in the motion before filing the motion.
Page 9 | Rule Five. Non-Dispositive Motions
Before setting a motion, the moving attorney must consult opposing counsel to select a convenient hearing date.
Before setting the motion, the attorney for the moving party shall consult with counsel for the other party or parties to select a convenient date for all counsel.
Page 4 | RULE FIVE. NON-DISPOSITIVE MOTIONS
Any party is permitted to request a pretrial conference with the court.
Any party may request a pre-trial conference with the Court.
Page 21 | RULE TWENTY-FOUR. NOTICE OF COMPLEX CASES
Lawyers should consult opposing counsel in an effort to resolve matters by agreement before filing a motion or requesting a hearing.
2. A lawyer should consult opposing counsel in an effort to resolve matters by agreement before filing motions or requesting hearings.
Page 22 | II. PROFESSIONAL CONDUCT IN LITIGATION
Adjournment & Extension Requirements
A case set for trial must be tried or dismissed on that date unless either party properly shows legal cause for a continuance.
All cases set for trial will be tried or dismissed on the day upon which they are set for trial, or upon proper showing of legal cause by either party, a case may be continued.
Page 4 | RULE FOUR. CALENDARS AND ASSIGNMENTS OF CASES
After docketing, a motion may be stricken or postponed only with all parties' agreement or leave of Court; agreed changes require prompt notice, and unauthorized changes may result in a fee and expense award.
After a motion has been docketed, no party may strike or postpone a motion without the agreement of all parties. If a motion is to be stricken or postponed by agreement, counsel must notify the Courtroom Clerk as soon as practicable. If the parties do not agree to postpone a motion, the Court may hear a motion to postpone prior to the hearing of the scheduled motion. If any party strikes or postpones a motion without agreement of all parties of record or without leave of Court, the Court may award, as costs, reasonable attorney fees and expenses in favor of any party who appeared at the scheduled hearing.
Page 5 | RULE FIVE. NON-DISPOSITIVE MOTIONS
A trial case may be continued when either party properly shows legal cause.
Upon proper showing of legal cause by either party, a case may be continued.
Page 4 | RULE FOUR. CALENDARS AND ASSIGNMENTS OF CASES
Chambers Communication Rules
Attorneys and unrepresented parties must keep the clerk informed in writing of their correct mailing addresses and telephone numbers at all times.
Attorneys and unrepresented parties are responsible for keeping the Clerk advised of their correct mailing addresses and telephone numbers at all times. Written notice must be given to the Clerk.
Page 14 | RULE SEVENTEEN. KEEPING THE CLERK ADVISED