RULE 14.  SUBPOENAS

§ 14.01 Issuance of Subpoenas

(a)    All subpoenas for witnesses, except for subpoenas issued in “blank”, shall be issued and signed by the clerk in triplicate.  One copy shall be designated “service copy” and it is to be left with the witness.  One copy shall be designated “file copy” and retained in the file.  The original shall be the return copy.

(b)   Subpoenas issued in blank shall be signed by the Clerk, shall be completed by the party requesting it and three (3) copies shall be filed with the clerk within the time frame set out in Rule 19.03(a)(b).

§ 14.02 Clerk’s Duty upon Issuing of Subpoena; Removal of File Copies

            When a subpoena is issued, the clerk shall:
         (a)    Place the file copy of the subpoena in the file of the case;

(b)   Deliver the service copy and original to the Sheriff or other authorized person for service; and

(c)    When the original subpoena is returned to the clerk, the Clerk may remove the file copy and discard it.

§ 14.03 Time for Issuing Subpoenas

(a)    Non-Jury Cases:  Subpoena for a local witness must be issued and dated by the clerk no later than five (5) days before the date of trial.  If the witness is out of county, the subpoena must be issued by the Clerk and mailed or otherwise transmitted to the out of county sheriff or other authorized person no later than seven (7) days before the date on which the case is set for trial.

(b)   Jury Cases:  Subpoenas for a local witness must be issued and dated by the clerk no later than seven (7) days before the trial and ten (10) for out of county.

§ 14.04 Responsibility of Counsel

            Counsel of record shall be responsible for insuring the subpoenas are issued in accordance with this rule and the applicable rules of Civil Procedure.  Nothing prohibits counsel from preparing subpoenas.  The clerk may not refuse to issue a subpoena requested by counsel at any time.

RULE 15.  PRE-TRIAL PROCEDURE

§15.01 Required Procedure   

At least seventy-two (72) hours (excluding weekends and holidays) prior to the trial of a case, opposing counsel shall notify each other, in writing, of:

(a)    the name and address of all witnesses, including rebuttal or impeachment witnesses;

(b)   identify and make available for viewing all proposed exhibits including rebuttal or impeachment exhibits.

§ 15.02 Workers’ Compensation Cases – Pre-Trial form and Procedure

(a)    In addition to the above, a copy of all medical or expert depositions, C-32’s or other expert proof to be relied upon by a party as proof at trial shall be mailed or delivered to the Judge’s office at least five (5) days prior to the trial so that the trial Judge may review the proof submitted before trial if his or her trial calendar and schedule permits.  Condensed versions will not be accepted.

(b)    All parties shall fully complete the Pre-Trial Stipulation and Memorandum Form for contested workers’ compensation cases appended to these Rules.  See Appendix 5.

Counsel for the employee shall complete the form and submit it to opposing counsel seven (7) days before trial.  Defense counsel shall complete the form and submit a copy to the Judge at his/her office and file the original with the clerk of the court at least five (5) days before trial.

(c)   Failure of the parties to stipulate or admit to facts, which should be stipulated or otherwise complete the Pre-Trial Memorandum Form shall be subject to sanctions as the court deems just.

RULE 16.  EXHIBITS

§ 16.01 Depositions and Discovery Material

            Depositions and discovery material submitted to the court as evidence which are not read to the court shall be made trial exhibits to the extent they are admissible under the T.R.C.P.R. and T.R.E.

§ 16.02 Custody of the Clerk

            All trial exhibits shall be accounted for and placed in the custody of the clerk unless otherwise directed by the court.

RULE 17.  REQUESTS FOR SPECIAL INSTRUCTIONS AND SPECIAL VERDICT

§ 17.01 Requests for Special Instructions

            When counsel submits special requests pursuant to Rule 51, T.R.C.P. copies shall be furnished to adversary counsel.  When a request for an instruction is made and the request is for a Tennessee Pattern Jury Instructions verbatim, the request shall be made by reference to TPI (Civil) No: _____”.  If the request is for a modification of an existing instruction, the request shall identify the instruction to be modified by number and identify the deletion or addition.  When a request for an instruction is made and there is no instruction on the subject in the Tennessee Pattern Jury Instructions, this fact must be stated in the request.  Any request which seeks to alter or modify a Tennessee Pattern Jury Instruction shall cite authority relied on and be accompanied by a complete copy of such authority. 

§ 17.02 Special Verdicts

            Requests for special verdicts or written interrogatories made pursuant to Rule 49, T.R.C.P. must be made before commencement of the trial and must be accompanied by proposed verdict forms, proposed written interrogatories and proposed instructions which will be given to the jury along with the special verdict forms or interrogatories.  The court shall inform counsel of its proposed action on the requests prior to their arguments to the jury.

RULE 18.  ORDERS AND JUDGMENTS

§ 18.01 Preparation and Submission of Orders and Judgments

(a)    Unless the Court directs otherwise, in all cases wherein orders or judgments are granted in contested matters, the attorney for the prevailing party shall prepare the order for signature by the court.  If said order is signed by all parties or counsel, it shall be submitted directly to the Judge for signature within ten (10) days of the date of the court’s decision.

(b)   Orders in contested matters containing the signatures of less than all the parties or their attorneys shall be submitted to the Judge within ten (10) days from the date of the court’s decision and the same shall not be entered immediately, but will be held by the Judge for three (3) days.  When opposing counsel or party receives a copy of a proposed order, he or she shall notify the Judge immediately in writing of any objection to the same.  Counsel shall immediately mail their objection or an alternative order to the Judge.  If the Judge receives no objection within the three (3) day period, the order will be signed by the Court.  Where there is a disagreement as to the terms of the order, the court shall:

1.      enter the order which reflects the court’s ruling;

2.      enter his or her own order, or;

3.      request a transcript of the findings and direct an order be entered in compliance with same.

(c)    All orders prepared by counsel and not signed by all parties or their counsel shall be accompanied by a certificate of counsel that copies of the order or judgment have been served on all parties or counsel of record.

(d)   All orders shall be mailed directly to the Judge for his/her signature and shall be accompanied by an envelope properly addressed to the clerk of the county in which the action is filed or to the attorney submitting the Order with sufficient postage affixed thereto to carry it to its destination.  Alternatively, orders may be lodged with the clerk for the court’s signature.  Orders shall not be filed by the Clerk until signed by the Judge.

§ 18.02 Costs

            All final judgments shall provide for the taxing of court costs.

§ 18.03 Payment and Satisfaction of Judgments

(a)    Funds paid to the Clerk by check on local banks will not be disbursed until five (5) days after the clerk receives the check.  Funds paid to the clerk by checks drawn on out of town banks will not be disbursed until ten (10) days after the clerk receives the check.  Alimony and child support checks may be disbursed sooner at the discretion of the Clerk.

(b)    Orders for disbursing funds, other than agreed orders, must be final before the clerk will disburse the funds.

RULE 19.  DIVORCE:  SPECIAL PROCEDURES

§ 19.01 Uncontested Divorce Cases

(a)    When a party in default desires to be heard on any matter other than the basic cause of action, he or she shall notify the court at least seven (7) days prior to the hearing of the matters upon which he or she desires to be heard and shall file a brief statement setting forth the nature of the matter.

(b)   If a property settlement agreement in a divorce action based on irreconcilable differences is delivered through personal service, as allowed by T.C.A. 36-4-103, the statutory requirements regarding service will be strictly construed.

§ 19.02 Time for Hearing

(a)    No divorce case where the parties have children under 18 years of age not otherwise emancipated, shall be heard until the same shall have been filed at least sixty (60) days unless the court finds some compelling reason why the same should be so heard. 

(b)   No divorce shall be heard in any case until thirty (30) days have expired from the date of service of process; however, the Court may waive this thirty (30) day requirement.  When service is had by publication the thirty (30) days does not commence to run until the date of the last publication.

§ 19.03 Contested Divorce Cases

            In all contested divorce cases the parties shall submit an affidavit in conformity with Appendix 6 of these rules.  At least 48 hours before the day of trial, the parties shall file with the clerk these affidavits. 

§ 19.04 Contested Divorces and Custody:  Order of Proof

            In contested divorce cases, the court will hear the parties to the action before hearing other witnesses unless, for good cause appearing, the court finds it desirable to proceed otherwise.

§ 19.05 Pendente Lite Child Support and Alimony Hearings

            Motions and applications for child support and alimony pending the final hearing of a case will be submitted and heard on affidavits.  The moving party shall include in the complaint, petition or motion allegations in support of such child support or alimony justifying the relief sought, and prior to the hearing, the parties will submit affidavits in support or opposition to the relief sought.  Testimony by witnesses in support or opposition to the motion or application shall not be allowed except by leave of the court for good cause shown.

RULE 20.  GUARDIAN AD LITEM:  SPECIAL PROCEDURE

§ 20.01 Appointment

(a)    Guardian Ad Litems shall be appointed by the clerk or by the court.  The clerks of the respective counties shall maintain a roster of active practicing attorneys from which a guardian ad litem shall be appointed and shall make a notation of the date as to when a particular attorney has been appointed as guardian ad litem in a cause.

(b)   It shall not be permissible for the plaintiff or other parties to the action of their representative to nominate the guardian ad litem; provided, however, if there are peculiar reasons why a particular attorney should be appointed as guardian ad litem in a particular case, it shall not be improper for such reasons to be made known to and considered by the clerk or the court in making such appointment.

§ 20.02 Disqualification as Guardian Ad Litem

            No attorney shall be appointed as guardian ad litem if he or she has pecuniary interest in the outcome of the cause; if he or she is a member of the firm of, partner or associate of any of the other attorneys involved in the cause or if any other facts exist which would in any way interfere with said guardian ad litem fully representing the best interest of the person for whom such appointment is made.

§ 20.03 Compensation of Guardian Ad Litem

            At the conclusion of the matter the guardian ad litem shall file with the clerk a statement detailing the nature and extent of his/her services including the amount of time spent, what he/she considered to be a reasonable fee for services rendered and any other facts which might assist the court in fixing the fee for such services.

§ 20.04 Fees of Guardian Ad Litem

            Fees for guardian ad litem shall be treated and taxed as costs or as otherwise provided by statute.

RULE 21.  JURORS

            In order to ensure that jury duty is not unfairly avoided by any eligible citizen, prospective jurors shall be excused from jury service only upon a showing of undue hardship or other statutory grounds.  Clerks, Judges and counsel should impress the importance of jury trials in our system or justice upon those seeking to be excused from jury service.  At the same time, the Clerks, Judges and counsel should be aware of the sacrifices that jury service involves and attempt to make the experience of being a juror as pleasant and productive as possible.  Lengthy delays before or during trial that require jurors to wait should be avoided if possible and explained by the Judge if the delay cannot be avoided.

RULE 22.  TIME STANDARDS FOR THE DISPOSITION OF CASES

§ 22.01 Dismissal of Cases
        To expedite cases, the court may take reasonable measures to purge the docket of old cases by entry of orders of dismissal which shall be considered without prejudice unless otherwise indicated.

RULE 23.  JUDICIAL MEDIATION  

§ 23.01 Request for Mediation

            In order to facilitate the expeditious hearing of case, to limit the expense of litigation and to enhance the goals of the judiciary all litigants are encouraged to seek mediation of cases.  All workers’ compensation cases will be mediated through the Department of Labor if either party requests mediation.  In all other cases the parties may seek private forms of judicial mediation.

§ 23.02 Scheduling Mediation

            If either party requests judicial mediation, an order may be entered by the trial judge assigning the case for mediation.  The parties may agree on a judge to conduct the mediation within or without the 15^th Judicial District.  If the parties cannot agree, then the trial judge may request the assistance of one of the other trial judges in the district as a mediator who shall notify the parties of the time, date and place of mediation.  Such assignment shall only be with the concurrence of the other trial judge. 

RULES 24 THROUGH 33 APPLY ONLY TO THE CONDUCT OF CRIMINAL CASES

RULE 24.  SCHEDULE OF TRIALS AND HEARINGS

§ 24.01 Schedule of Trials and Hearings

            Regular session of court shall start at the time set by the trial judge.

§ 24.02 Non-Jury Trial Schedule

            Non-Jury trials will be set by the Court at the earliest dates available.

§ 24.03 Grand Jury

            The Grand Jury will be selected at 9:00 A.M. on the first day of the court term in each county except in Wilson County.  In Wilson County the Grand Jury shall be selected on the second Monday in March, May, July, September and November.

§ 24.04 Jury Trial Dates

            Jury trial dates will be set according to the caseload.  Back-up cases will not be set.  Once a trial is scheduled, the case may only be resolved by trial, dismissal with prejudice, or on the State’s motion for nolle prosequi approved by the Court or plea of guilty to the indictment.

RULE 25.  TRIALS, HEARINGS AND ATTENDANCE

§ 25.01 Hearings in Open Court

            Except for informal and purely routine matters, all hearings will be had in open Court including motions for continuance.

§ 25.02 Hearings to be on Written Motion or Plea

            Except as provided herein or otherwise required, all matters will be heard on written motion, petition, or plea, of the moving party (or the party who otherwise invokes the jurisdiction of the Court) and responsive pleading of adverse parties when required.

§ 25.03 Attendance of Parties

            Attendance of parties shall be governed by Rule 43 of the Tennessee Rules of Criminal Procedure.

RULE 26.  WITNESSES

§ 26.01 Witnesses for Grand Jury

            The Clerk will issue subpoenas for witnesses listed on the indictments to appear and give testimony on behalf of the State at the session to which such cases are assigned.  If other and further witnesses are desired by the State, the District Attorney General shall request that such subpoenas be issued by the Clerk.

§ 26.02 Witness for Trial

            The subpoena for any witness, whether for the State or Defendant, shall be issued at least seven days prior to the date of the trial.

RULE 27.  ATTORNEYS

§ 27.01 Withdrawal of Attorney

            An attorney of record can withdraw from a case only by leave of Court upon written motion.  Such motion shall be heard pursuant to these rules and it will be the duty of the moving attorney to notify the Defendant that he/she is required to be present in Court for the hearing.  The attorney will append a certificate of service to his motion.  After a matter is set for trial withdrawal of counsel will only be allowed in the most urgent of cases.  The court will not consider failure of the Defendant to pay attorneys fees to be valid grounds for withdrawal after the matter is set for trial.

§ 27.02 Appointment for Indigents

            All attorneys licensed to practice in the State of Tennessee and holding themselves out to practice in the 15^th Judicial Circuit are subject to appointment for indigent defendants and petitioners.  Appointments may be made in open Court or in chambers following determination of indigency.  Indigency will be determined by examination of the defendant in open court, where he may be subject to cross-examination by the District Attorney, and by such proof as is offered.  If an attorney appointed has good cause to believe the party is not in fact indigent, he may petition to withdraw from the case on that ground.  The decision of indigency by another court shall not be binding upon other Judges of this jurisdiction.  Attorneys appointed to represent indigent defendants shall however continue to appear for that defendant until relieved of representation by the Court in which the defendant’s case is currently pending.

RULE 28.  FILING OF PLEADINGS, MOTIONS AND CONTINUANCES

§ 28.01 Writing and Paper Required

            All pleadings and motions must be typewritten, double-spaced, in black ink, upon regular legal paper, eleven (11) inches long and eight and one half (8 ½) inches wide, having a blank margin on the left side of every page.

§ 28.02 Service and Filing

            The service of all pleadings and motions shall be governed by Rule 49 of the Tennessee Rules of Criminal Procedure.

§ 28.03 Use of Faxed Orders

            If it is necessary to make use of a facsimile for the purpose of obtaining the signature of a Judge on an Order, the party presenting such Order shall immediately thereafter mail or otherwise deliver the original of such Order to the appropriate Judge and such original Order shall be signed and entered nunc pro tunc to the time the facsimile was signed and shall be entered in the record of the matter in which the Order was presented. 

§ 28.04 Time for Hearings and Motions

            Pre-trial motions shall be heard on the second Tuesday of each term of Criminal Court in Wilson County.  Pre-trial motions in all other counties of the 15^th Judicial District shall be on the opening day of court of each scheduled term or on any other date or time as set by the trial Judge.  All motions shall be heard prior to the trial of the case. The burden is on the proponent of the motion to schedule their motion on a date and time set aside for motions by this rule.

§ 28.05 Failure to Appear at Motion Hearing

            If counsel for movant does not appear at a scheduled hearing on a motion or any other matter scheduled to be heard on the motion docket, the Court may strike, overrule or otherwise dispose of the motion.

§ 28.06 Title

            Motions, petitions, and other pleadings will bear a brief title descriptive of or suggesting content.  The Court will then use this title for listing such motions on the Judges’ dockets.

§ 28.07 Oral Motion

            Oral motions may be entertained within the Court’s discretion upon adequate notice to adverse or affected parties or without notice when necessary.  Such motions can be made in open court and should be made immediately after the opening of Court for the day and may be entertained at other times if necessary and when possible.

RULE 29.  PREPARATION AND DISSEMINATION OF ORDERS

§ 29.01 Preparation and Submission of Orders and Judgments

            Unless the Court directs counsel to prepare an order for entry by the Court, all orders and judgments will be prepared by the District Attorney General.

RULE 30.  NEGOTIATIONS AND SETTLEMENTS

§ 30.01

            The State shall make its offer of settlement, if any, to the Defendant as soon as practicable after arraignment.  The Defendant shall sign any plea documents before entering Court on disposition dates.  Disposition dates may only be continued at the discretion of the Court.  The Court shall place all cases not settled or continued on the trial calendar and they shall try the case on the date the Court reserves for jury trials.  If a plea or a negotiated compromise is not introduced upon the last disposition date, then the Court shall only accept a plea to crime(s) charged in the indictment and the Court shall thereafter determine the sentence. 

RULE 31.  DISCOVERY

§ 31.01

            The defendant shall file all discovery motions within ten (10) days from the arraignment date.  The State of Tennessee shall file its answer to the motion for discovery within twenty (20) days of service along with any motions the State of Tennessee deems necessary.  The defendant shall file a response to the State’s motion within twenty (20) days of the State filing a reciprocal motion for discovery.

RULE 32.  BAIL BONDS, FORFEITURES AND RELIEF

§ 32.01

            All matters concerning bail bonds, forfeitures and relief are subject to the local rules of practice for bail bonds amended January 1, 2001 and placed in effect March 1, 2001, which are attached hereto as

RULE 33.  GENERAL SESSIONS APPEAL DOCKET

§ 33.01

            Upon the filing of a General Sessions Appeal of a criminal matter, the clerk shall docket such appeal on the first day of Criminal Court following the appeal.  The attorney and the defendant shall appear at the time docketed and thereafter the handling of the appeal shall be same as all other cases in the Criminal Court and subject to these rules.  Failure of the defendant to appear upon the date in which the matter is docketed shall result in the appeal being denied and the case remanded back to the General Sessions Court for the judgment of that Court to be final.

RULE 34.  PROBATE

§ 34.01

            The local rules governing Probate matters shall be promulgated by the trial judge or court having jurisdiction in each individual county of the 15^th Judicial District.

The Local Rules of Practice and Procedure for the Fifteenth Judicial District shall take effect on the 20th day of June, 2002.

____________________                  _____________________

HONORABLE C. K. SMITH                                                     HONORABLE CLARA BYRD
CHANCELLOR                                                                           CIRCUIT JUDGE, DIVISION I

_____________________                _____________________

HONORABLE JOHN D. WOOTTEN, JR.                               HONORABLE J. O. BOND
CIRCUIT JUDGE, DIVISION II                                                 CRIMINAL JUDGE

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