2. Circuit Court Division I Schedule
3. Circuit Court Division II Schedule
5. Pre-trial Stipulation and Memorandum Form
7. Local Rules of Practice for Bail Bonds
APPENDIX 1
15TH JUDICIAL DISTRICT
JANUARY- Wilson County-1st Monday for entire month.
FEBRUARY- Smith County- 1st Monday- 1 week.
Trousdale County- 4th Monday- 1 week.
MARCH- Wilson County- 1st Monday for entire month.
APRIL- Jackson County- 1st Monday- 1 week.
Macon County- 3rd Monday- 1 week
MAY- Wilson County- 1st Monday for entire month.
JUNE- Smith County- 1st Monday- 1 week.
Trousdale County- 4th Monday- 1 week.
JULY- Wilson County-1st Monday for entire month.
AUGUST- Jackson County- 1st Monday- 1 week.
Macon County- 3rd Monday- 1 week.
SEPTEMBER- Wilson County- 1st Monday for entire month.
OCTOBER- Smith County- 1st Monday- 1 week
Trousdale County- 4th Monday- 1 week.
NOVEMBER- Wilson County- 1st Monday for entire month.
DECEMBER- Jackson County- 1st Monday- 1 week.
Macon County- 2nd Monday- 1 week.
Motion days are in Trousdale County on the first and third Fridays of each month.
APPENDIX 2
CIRCUIT COURT DIVISION I SCHEDULE
15TH JUDICIAL DISTRICT
JANUARY- Jackson County- 2nd Monday- 1 week
Smith County- 3rd Monday- 1 week
Trousdale County- 4th Monday- 1 week
FEBRUARY- Wilson County- 1st Monday- 2 weeks
Macon County- 4th Monday- 1 week.
MARCH- Jackson County- 2nd Monday- 1 week
Smith County- 3rd Monday- 1 week
Trousdale County- 4th Monday-1 week
APRIL- Wilson County- 1st Monday- 2 weeks
Macon County- 3rd Monday- 1 week
MAY- Jackson County- 2nd Monday- 1 week
Smith County- 3rd Monday- 1 week
Trousdale County- 4th Monday- 1 week
JUNE- Wilson County- 1st Monday- 2 weeks
Macon County- 3rd Monday- 1 week
JULY- Jackson County- 2nd Monday-1 week
Smith County- 3rd Monday- 1 week
Trousdale County- 4th Monday- 1 week
AUGUST- Wilson County- 1st Monday- 2 weeks
Macon County- 4th Monday- 1 week
SEPTEMBER- Jackson County- 2nd Monday- 1 week
Smith County- 3rd Monday- 1 week
Trousdale County- 4th Monday- 1 week
OCTOBER- Wilson County- 1st Monday- 2 weeks
Macon County- 4th Monday- 1 week
NOVEMBER- Jackson County- 2nd Monday- 1 week
Smith County- 3rd Monday- 1 week
Trousdale County- 4th Monday- 1 week
DECEMBER- Macon County- 1st Monday- 1 week
Wilson County- 2nd Monday- 2 weeks
APPENDIX 3
CIRCUIT COURT DIVISION II SCHEDULE
15TH JUDICIAL DISTRICT
JANUARY- Smith County- 2nd Monday- 1 week
Trousdale County- 3rd Monday- 1 week
Macon County- 4th Monday- 1 week
FEBRUARY- Wilson County- 2nd Monday through end of month
MARCH- Smith County- 2nd Monday- 1 week
Jackson County- 3rd Monday- 1 week
Macon County- 4th Monday- 1 week
APRIL- Wilson County- 2nd Monday through end of month
MAY- Smith County- 1st Monday- 1 week
Trousdale County- 2nd Monday- 1 week
Macon County- 3rd Monday- 1 week
JUNE- Wilson County- 2nd Monday through end of month
JULY- Smith County- 2nd Monday- 1 week
Trousdale County- 3rd Monday- 1 week
Jackson County- 4th Monday- 1 week
AUGUST- Wilson County- 1st Monday for entire month
SEPTEMBER- Trousdale County- 2nd Monday- 1 week
Jackson County- 3rd Monday- 1 week
Macon County- 4th Monday- 1 week
OCTOBER- Wilson County- 1st Monday for entire month
NOVEMBER- Smith County- 2nd Monday- 1 week
Jackson County- 3rd Monday- 1 week
Macon County- 4th Monday- 1 week
DECEMBER- Wilson County- 1st Monday- 2 weeks
Motion days shall be on the second Monday in Wilson County and the fourth Monday in Macon County excepting the month of December wherein the motion day in Macon County shall be on the third Monday. On motion days, court will begin at 8:30 a.m.
Docket call for Wilson County shall be on the 2nd Monday in April and the 2nd Monday in October of each year beginning at 10:00 a.m.
APPENDIX 4
15TH JUDICIAL DISTRICT
JANUARY- Wilson County- 2nd Monday through end of month
FEBRUARY- Macon County- 1st Monday- 2 weeks
Trousdale County- 3rd Monday- 1 week
MARCH- Wilson County- 2nd Monday through end of month
APRIL- Smith County- 1st Monday- 2 weeks
Jackson County- 3rd Monday-1 week
MAY- Wilson County- 2nd Monday through end of month
JUNE- Macon County- 1st Monday- 2 weeks
Trousdale County- 3rd Monday- 1 week
JULY- Wilson County-2nd Monday through end of month
AUGUST- Smith County- 1st Monday- 2 weeks
Jackson County- 3rd Monday- 1 week
SEPTEMBER- Wilson County- 2nd Monday through end of month
OCTOBER- Macon County- 1st Monday- 2 weeks
Trousdale County- 3rd Monday- 1 week
NOVEMBER- Jackson County- 1st Monday- 1 week
Wilson- 2nd Monday through end of month
DECEMBER- Smith County- 1st Monday- 2 weeks
COUNTY__________________________CASE#______________________
Plaintiff’s Attorney____________________Defendant’s Attorney___________________
1. BACKGROUND INFORMATION
Name of Plaintiff_________________________________Marital Status_____________
Education_______________________________________________________________
Industrial Training_______________________Management Training_______________
Work History____________________________________________________________
_______________________________________________________________________
Physical Limitations From Injury____________________________________________
_______________________________________________________________________
Hobbies________________________________Other____________________________
2. GENERAL INFORMATION
To be completed by Plaintiff To be completed by Denfendant
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Stipulate |
Do Not Stipulate |
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1) Date of Injury: |
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2) Date of notice to employer: |
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3) Average Weekly Wage: |
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4) Rate of Recovery per week: |
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5) Dates of Temp. Total Paid: |
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6) Dates of Temp. Total Unpaid: |
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7) Date of Maximum Recovery: |
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8) Date Returned to Work: |
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9) Medical Disability Rating: |
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10) Occupational Disability Rating: |
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MEDICAL EXPENSES (UNPAID AND DISPUTED ONLY) Please attach separate sheet listing Creditor name, address and amount.
Parties may file a brief containing factual and/or legal issues and attach them to this
report. The Court encourages you to bring any known legal issues to its attention
prior to trial and attach hereto. Briefs are not mandatory.
*The Defendant’s Attorney’s signature hereto is only binding as an agreement as
to the stipulation section of this form. All other sections are Plaintiff’s
Attorney’s statements.
____________________________ ___________
Plaintiff’s Attorney Date
____________________________ ___________
Defendant’s Attorney Date
IN THE ____________COURT FOR ____________COUNTY, TENNESSEE
______________________________,
PLAINTIFF,
VS. NO.__________
______________________________,
DEFENDANT.
________________________________________________________________________
AFFIDAVIT OF ASSETS AND LIABILITIES
________________________________________________________________________
1.INCOME, Show all sources, including rent, interest, dividends, retirement, disability, etc. If you are
self-employed (business or farm) attach profit and loss statements for at least 2 years. If salaried, show
gross and net amounts-weekly, bi-monthly, etc. Attach Federal Income tax returns for the last two calendar
years and a statement of gross wages (year-to-date) from employer.
HUSBAND,
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
WIFE,
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
If salaried, average gross pay per _________-$______________.
Items withheld per_______________(taxes, insurance, etc.)
Item, Amounts,
_____________________________ _________________________________
_____________________________ _________________________________
_____________________________ _________________________________
_____________________________ _________________________________
Net Salary, Husband, $_________ Wife, $___________
2. ASSETS ACQUIRED PRIOR TO MARRIAGE, (If indebtedness has been paid since marriage, show
amounts paid.)
ITEM PRESENT VALUE INDEBTEDNESS PAYMENT
__________ ________________ ________________ ___________
__________ ________________ ________________ ___________
__________ ________________ ________________ ___________
Amounts paid since marriage,
____________________________________________________________________________________________________________________________________________________________________________
3.ASSETS ACQUIRED DURING MARRIAGE, Show how titled, (H), (W), (J)
ITEM PRESENT VALUE INDEBTEDNESS PAYMENT PROPOSED DISTRIBUTION
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
4.OTHER INDEBTEDNESS,
CREDITOR AMOUNT PAYMENT PROPOSED ALLOCATION,
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
5.MONTHLY OR WEEKLY CHILD SUPPORT REQUESTED,
$_______________ PER_____________________(Paid to_____________Clerk or _____________Direct)
6.NAMES OF CHILDREN DATE OF BIRTH/AGE SEX
______________________ ____________________ _________
______________________ ____________________ _________
______________________ ____________________ _________
______________________ ____________________ _________
7.MONTHLY ALIMONY REQUESTED (IF ANY),
$_____________PER_________________(Paid to__________Clerk or___________Direct)
8.CUSTODY OF MINOR CHILDREN REQUESTED,
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
9.VISITATION REQUESTED,
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
10. ATTORNEY’S FEES REQUESTED, ___________YES____________NO
11.PRESENT MONTHLY* LIVING EXPENSES
Rent or Mortgage Payments $ ________________
Real Estate Taxes ________________
Homeowner’s or Renter’s Insurance ________________
Electricity ________________
Gas ________________
Water/Garbage ________________
Telephone ________________
Food ________________
Clothing ________________
School Costs ________________
Alimony to prior spouse _________________
Child Support to prior children _________________
Child care/Day Care _________________
Life insurance _________________
Health insurance _________________
Medical, dental and medicines _________________
Installment payments _________________
Auto No. 1 _________________
Auto No. 2 _________________
Auto Insurance _________________
Transportation _________________
Laundry and Dry Cleaning _________________
Cable Television _________________
Home/Yard Maintenance _________________
Taxes _________________
Recreation and Entertainment _________________
Miscellaneous _________________
TOTAL $ _________________
*A MONTH is defined as 4.3 weeks
___________________________________________
AFFIANT
SWORN to and subscribed before me, this the _______ day of _______________________________, 20_____.
___________________________________________
NOTARY PUBLIC
My commission Expires:
IN THE CRIMINAL COURT FOR THE 15TH JUDICIAL DISTRICT
JACKSON, MACON, SMITH, TROUSDALE, AND WILSON COUNTIES
AS AMENDED JANUARY 1, 2001
EFFECTIVE MARCH 1, 2001
companies of a meeting required to be attended by representatives of all bonding
companies wherein the bonding company rules and regulations were proposed to be
changed on the 30th day of November 2000 at 1:00 p.m. in the Criminal Court of
Wilson County, Tennessee. That open discussion and recommendations were made
by the bonding companies and this Court whereupon it was agreed, without dissent,
by the Court and the bonding companies the attached revised rules for bail bonding
for the 15th Judicial District of Tennessee be adopted and become the new rules of
this Court with the now operating rules heretofore set aside and replaced by these rules.
The Court further Orders that the existing bonding companies now operating may
operate on the old bonding rules for a period of thirty-one (31) days. At the end of the
thirty-one (31) days the Clerk shall prepare an official list of all approved bonding
companies that have complied with the new rules that are effective that date. All new
bonding companies may comply and begin operating under the new rules effective
March 1, 2001.
On or before April 1, 2001, all current bail bonding companies shall post sufficient
cash above the minimum required therein to cover all outstanding bonds now written.
All final forfeitures are now due and payable and all shall be paid within sixty (60)
days of March 1, 2001, or same shall be taken from their cash accounts with the Clerk.
Exhibit A, the new bonding rules are incorporated herein as the orders of this Court.
The Clerks are hereby ordered to mail a copy of this order to all approved existing
bonding companies in their county.
Any dissatisfied bonding company or proposed bonding company may appeal this
decision within thirty (30) days of the filing of this order.
/S/ J. O. BOND_______________________
CRIMINAL COURT JUDGE
CERTIFICATE
Ms. Linda Neal, Circuit Court Clerk, P. O. Box 518, Lebanon, Tennessee; Mr. Aaron
Thomas, Circuit Court Clerk, Jackson County Courthouse, Gainesboro, Tennessee
38562; Ms. Jennifer Hudson, Circuit Court Clerk, Macon County Courthouse, Lafayette,
Tennessee 37083; Ms. Helen Crawford, Circuit Court Clerk, Smith County Courthouse,
Carthage, Tennessee 37030; and Ms. Kim Taylor, Circuit Court Clerk, 200 East Main
Street, Room 5, Hartsville, Tennessee 37073; this the 1st day of March, 2001.
/s/ J. O. BOND_______________________
IN THE CRIMINAL COURT FOR THE 15TH JUDICIAL DISTRICT
JACKSON, MACON, SMITH, TROUSDALE, AND WILSON COUNTIES
LOCAL RULES FOR BAIL BONDS
EFFECTIVE MARCH 1, 2001
These Rules shall be applicable in the General Sessions Court of each county and Courts
of record in all counties exercising criminal court jurisdiction within the 15th Judicial District.
A. The Judge of the Criminal Court shall approve each person or company who
petitions the Court for permission to write bonds within this judicial district. The
petition shall contain the following information:
1. The business name under which the new company will be operating and
the street address and the business telephone number for the bonding
company office, which shall be located in the county the bonding company operates.
2. A copy of the business license issued for the bonding company in said
county.
3. A copy of all organizational documents (e.g. corporate charter, partnership
agreement) and all other agreements or documents pertaining to the identity of the owners and interest holders in the said company, the distribution of profits from the said company, the source of all funds used to establish the company, and the names and signatures of those persons who accept personal liability for forfeiture judgments.
4. A statement of whether the company or any of its owners, shareholders, or
partners write bonds in any other jurisdiction. If such company or persons
do write bonds in other jurisdictions, the application shall identify those
jurisdictions and attach a listing identifying any surety posted with that
jurisdiction, a copy of the last semi-annual reports filed with the said
jurisdictions along with a listing of all pending conditional forfeitures and
final forfeitures.
5. Identify the funds and source of said funds to be filed with the Clerk to
establish the bonding capacity.
6. For all persons identified in paragraph 4 above attach a sworn statement
from each individual stating the following:
a. A list of all prior criminal charges, whether resulting in a
conviction or not, along with the disposition of the charge and the
jurisdiction, as well as all other information required by T.C.A. 40-11-317.
b. Describe all relations to any other owner, interest holder or agent of
bail bond company authorized to do business in the 15th Judicial District.
c. A statement as to whether such person has ever been an owner,
interest holder or agent for any other bail bond company in this state
or in any other state.
d. A statement as to whether such person is related, by blood or marriage
to any person who works for the Circuit Court Clerks or Sheriffs of the
15th Judicial District.
e. A statement of personal liability of the applicant for the bonding
companies liability.
7. A copy of the proposed bail bond contract shall be attached.
8. A statement that the officers/owners of the bonding company and its
proposed agent have read and are aware of the requirements of T.C.A.
40-11-301, et sq. and 40-11-401, et seq., pertaining to the Rules Governing Professional Bondsmen and Requirements for Continuing
Education, and the Rules of the Court governing bonding companies.
B. All petitions for approval of a new company shall be filed in the Criminal Court and a copy served upon the District Attorney General at least two (2)weeks prior to a
hearing on the petition. Such hearing shall be held in the Criminal Court. The
District Attorney General shall conduct a criminal history and background investigation on the owner of the company and its agents. The results of the
background investigation shall be furnished to the Court. A Criminal Court Judge
shall conduct a hearing to consider the bonding company’s petition. The District
Attorney General shall be present at such hearing and represent the State.
A. The amount of funds pledged by the bonding companies as a condition precedent
to writing bonds will vary from county to county based upon population. The
amounts required to be pledged are as follows:
Jackson County - $25,000.00
Macon County - $25,000.00
Smith County - $25,000.00
Trousdale County - $25,000.00
Wilson County - $75,000.00
Notwithstanding the above, any approved company who has posted the minimum security for any one county within the 15th Judicial District shall be allowed to write a bond or bonds of up to fifteen (15%) percent of the deposited security in any other county of the 15th Judicial District. At the time of doing so they must provide a letter signed by an officer or agent of said company stating that they are in good standing with the Clerk of the Court in which county or counties they do write bonds to the Sheriff and Circuit Court Clerk with in a twenty-four (24) hour period or the next business day.
B. Effective January 1, 2001, any person or company filing a petition for
approval for a professional bail bond company within the 15th Judicial
District of Tennessee is required to post a minimum amount of cash with the Circuit Court Clerk as security for bonds to be written in that particular county. Said funds shall be deposited in one of the following methods:
1. A Certificate of Deposit in the sum that is required for that County in the
joint names of said Bonding Company and the Circuit Court Clerk of all
counties wherein the bonding company writes bonds, or
2. An irrevocable letter of credit in the amount of not less than the minimum
required for the County from any federally insured financial institution located within the 15th Judicial District or any location approved by the Court, that states therein that it shall remain in force until released by the Criminal Court Judge, or
3. A cash deposit of not less than the sum that is required for the County
wherein the bonding company requests to write bonds to said Circuit Court Clerk.
C. No real property collateral will be accepted by the Court.
D. Any bonding company approved by the Court after January 1, 2001, may write total bonds in an amount equal to twelve (12) times the amount of cash security posted with the court clerk. No bonding company shall be allowed to write any one single or blanket bond in excess of twenty (20) percent of its available bonding capacity as determined by the clerk on a weekly basis.
E. Any bonding company who was approved by this Court prior to January 1, 2001,
shall re-file their petition for approval to write appearance bond within each county in which they request to make said bonds. If re-approved they may write bonds twelve (12) times the amount of cash security posted with the Court. Any increase in bonding capacity by a bonding company who was approved prior to January 1, 2001, shall be made upon approval by the Criminal Court Judge, upon notice to the District Attorney General, by cash deposit and the new collateral posted shall increase the company’s capacity by a twelve to one ratio. No bonding company approved prior to January 1, 2001 shall be allowed after January 1, 2001, to write any one single or blanket bond in excess of twenty (20) percent of its available bonding capacity as determined by the clerk on a weekly basis.
F. Upon a Judgment of Final Forfeiture by the Court of the Clerk may satisfy such
Judgment from the posted collateral upon notice to the affected bonding company
and the District Attorney General.
A. Bonding companies which have exceeded their forfeiture limit at the time of the
monthly report prepared by the Clerk shall be immediately notified in writing.
Once notice is received the bonding company shall have 10 days to come into
compliance or it will be automatically suspended, be removed by the Clerk from
the approved list, and the Clerk shall immediately notify the Criminal Court
Judge, District Attorney General, and the Sheriff within each county of this
district of said suspension. The bonding company shall not be allowed to write
any additional bail bonds until the forfeitures are again within the company’s
allowable limits.
B. The court shall have the authority to charge a penalty not to exceed One Hundred
Dollars ($100.00) payable to the Clerk of the Court, together with the cost as a
result of a conditional forfeit, or to set aside a forfeit.
A. Any changes to a bonding company’s address or telephone number from that
noted in the original petition must be sent in writing to the Circuit Court Clerk.
B. Any changes to a bonding company’s name, ownership, or agents as submitted
in the original petition must be submitted in writing and approved by order of a
Criminal Court Judge.
C. Any material changes to the financial statements submitted to the Court must be
corrected and filed with the Clerk.
D. Any changes in the employment status of agents must be submitted in writing
within ten (10) days of said change and be approved by the supervising judge.
A. As provided by T.C.A. 40-11-126, no bondsman or bonding company shall solicit
business in any place where prisoners are confined. Such places include the
Courthouse, Criminal Justice Center, Jail, and the areas within one hundred (100)
feet of the public entrances thereto. No bonding company employee or agent
shall initiate contact with a defendant or their family in order to obtain their
business. Contact with a defendant who is a potential client will be allowed only
after the bonding company has been contacted by the defendant or someone
authorized to act on their behalf. All agents or employees of a bonding company shall conduct themselves in accordance with all the rules and orders of the Sheriff
of the county wherein the company is authorized to write bonds, while performing
required duties within such buildings. Penalty for first violation of this provision
is a suspension of not less than ninety (90) days. Penalty for second violation of
this provision is a suspension of not less than six (6) months and the offender
must re-petition the Court for reinstatement.
B. A bonding company shall notify the defendant/principal of each court appearance.
Such representative shall be readily available as needed by a Court whenever a
defendant fails to appear at the call of the docket.
C. Each agent will be responsible for providing a copy of their certificate of compliance for their continuing education credits in compliance with T.C.A.
40-11-401, et.seq. to the Clerk of the Court annually. This notice must be
provided on or before January 1, 2001, and each year thereafter.
A. Bondsman shall accept premiums and initiation fees as governed by T. C. A.
40-11-126. All funds or negotiable instruments accepted in payment or in
satisfaction of the premium and the initiation fee shall be recorded and itemized by the bonding company. A copy of said record documenting the premium and
initiation fee received shall be provided to the defendant, or the agent acting in the defendant’s behalf, and shall be maintained as a part of the ordinary daily business of said company. If funds or negotiable instruments are accepted as
collateral, the bonding company shall: (1) deposit such collateral into a separate
trust account pending its redemption, (2) shall identify the account or principle to which the collateral applies, and (3) shall provide the person providing the collateral with the identity of the institution in which the collateral is held. In the event that a bail bonding company received funds for a premium or initiation fee and elects not to post the bond for the defendant/principal then any funds received
shall be immediately returned to the defendant or the person acting on the defendant’s behalf.
B. Every bondsman and/or agent must use a duplicate receipt book to record all
payments for premiums. A copy of the receipt must be given to the defendant or
the person acting on their behalf. Receipts must include:
1. Specific description of all property, including cash or checks, received
from the defendant or someone acting on the defendant’s behalf, and
2. Signature of the defendant or the person acting on his/her behalf tendering
the said funds.
C. No bond may be secured, guaranteed, or otherwise indemnified by a contract
which purports to be a promissory note, indemnification contract, hold harmless
agreement, or guaranty from a company, bondsman not approved as a bonding
company by this Court.
A. It shall be the responsibility of the bonding company that all bonds shall be fully
completed upon the release from custody of the defendant/principal on bond. The
bail bond contracts shall:
1. Have the name, address and zip code number of the defendant legibly
printed thereon,
2. Be signed by the agent making said bond,
3. Have the name of the bonding company boldly and legibly stamped or
printed thereon,
4. Identify the property used to pay the premium and initiation fee as well as
any other property received as collateral for said bond, and
5. Have a copy of a photo identification of all persons (except the defendant/
principal) delivering such premiums, fees or collateral to the agent if the
bond is $75,000.00 or above.
B. Any bonding company authorized by the Criminal Court shall file with the Court
Clerk a semi-annual financial report pursuant to T.C.A. 40-11-303. Such reports
shall include, but not be limited to, a listing of:
1. All current, active qualified bonding agents approved for said company.
2. Any outstanding civil performance or cost bonds.
3. All persons having financial or managerial interest in a bonding company
must be identified annually, and
4. A certificate of compliance for the continuing education credits for each
agent must be furnished annually.
C. Upon the failure of any company to file this report, or any other record or
document required by statute or these local rules, the Court Clerk shall notify the
supervising Judge who shall suspend and remove the company from the approved
list. In such an event, the company shall not be allowed to write any bonds until
such time as all the requirements are met and there has been approval, in writing,
from the supervising Judge. In the event the bonding company disputes the
suspension, it may petition the Court to reconsider the suspension.
bonding company constitutes an integral part of the operation of the Court. The
Court may impose any limits or conditions necessary to insure the professional
standing and reliability of the bonding company. Such measures, if any, shall be
made in the public interest to avoid a conflict of interest or an appearance of
impropriety on the part of the bonding company. Pursuant to the provisions of
T.C.A. 40-11-125 and T.C.A. 40-11-126, the Court may take appropriate
disciplinary action including the withholding, suspension or termination of the
approval to do business if it appears to the Court that it is in the public interest to
take such action. For good cause, the Court may issue a restraining order, writ or
other process without notice to the company if deemed necessary in the public
interest. Any such action will be reviewed at a hearing within five (5) days after
notice to the company and the District Attorney General who shall represent the
State at the hearing.
B. Pursuant to the provisions of T.C.A. 40-11-125 and T.C.A. 40-11-126 the Court
may take appropriate disciplinary action including the withholding, suspension or
termination of approval for a bondsman to act as agent for an approved bonding
company, if the agent:
1. Has been convicted of a crime of dishonesty, any felony or any alcohol or
drug related offense;
2. Has a final judgment of forfeiture entered against the bonding company
that remains unsatisfied which the agent authorized;
3. Has failed to comply with any local rules; or
4. Is guilty of unprofessional conduct that includes, but is not limited to:
a. Loitering about the jail or court premises and within the prohibited
areas to solicit business;
b. Suggesting or advising the employment of, or otherwise referring, any
particular attorney to represent the defendant;
c. Paying a fee or giving or promising anything of value to any Clerk,
Jailer, police officer, peace officer, committing Magistrate, or any other person who has the power to arrest or hold in custody, or to any
public official or public employee to secure a bond, and/or a
settlement, compromise, remission or reduction of the amount of any
bail bond or the forfeiture thereof; paying a fee or rebate or giving
anything of value to an attorney in bail bond matters, except in legal
representation of any action pertaining to the bail bond company or
action;
d. Surrendering a principal without good cause;
e. Accepting anything of value from a principal except the premium
provided, however, that the bondsman shall be allowed to collect
collateral, security or other indemnity required by the bondsman if
reasonable in relation to the amount of the bond and where the said
bondsman is reasonable in relation to the amount of the bond and
where the said bondsman accepting such collateral delivers a written
receipt for the same which receipt described in detail the collateral
received and the term of redemption;
f. Accepts anything of value as payment for a premium or collateral
after the defendant/principal is released from custody, except as
authorized under Rule 7 (D).
A. Any individual who desires to post a real property bond pursuant to T.C.A. 40-11-
122 shall submit a current title opinion for said real property reflecting the
encumbrances thereon. The appraised value/equity of the property owner
providing said surety must equal one and one-half times the amount of the bond.
The property owner providing said surety must comply with all regulations as set
forth by the Office of the Court Clerk.
B. Any individual who desires to deposit a cash bond with the Clerk pursuant to T.C.A.40-11-118 shall be notified in writing by the Clerk that such cash deposit
shall be returned less any fines, court costs or restitution as ordered by the Court.
C. Upon release from jail, or at first appearance to booking authorities upon receipt of a citation, the Clerk shall notify the defendant in writing of the initial court
appearance. The Clerk shall retain proof of such notification. Each defendant shall provide to the Clerk before release on a property or cash bond an address where notification of a court date may be delivered. It shall be the responsibility of the defendant to notify the Clerk of any change of address.
A separate petition for writing bail bonds shall be filed with the Clerk of the Criminal
Court in each County in which the bonding company requests approval. If approved, the
order approving the bonding company shall be filed with said Clerk and the name,
address and phone number of said company is to be placed on the official list of bonding
companies approved for that County. A certified copy of the list shall be mailed to the
Sheriff of the County in which said bonding company is authorized to write bonds.
These rules may be amended from time to time by the Criminal Court Judges. Upon
amendment, the Circuit Court Clerk shall notify all approved bonding companies in the
15th Judicial District, The District Attorney General and the Sheriff by certified mail,
return receipt requested, or by personal delivery with a signed receipt for the same. Upon
receipt of notice, all bonding companies shall comply with said amendments.
These rules are approved and effective this 1st day of March , 2001.
/s/ J O BOND_____________
HONORABLE J. O. BOND
CRIMINAL COURT JUDGE