Davidson County Circuit Court Clerk

Prepared by:
The Chamber Rules Committee, Nashville Bar Association Young Lawyers Division
and The Davidson County Circuit, Chancery, and Criminal Courts

ORDERS

Please see the links below for signed orders pertaining to Civil or Domestic courts:

Judge Hamilton Gayden is the First Circuit Judge for Davidson County. He served as Presiding Judge in 1996-1997.

He is an alumnus of New York State and Tennessee Secondary Schools, and a graduate of Vanderbilt and Vanderbilt Law School. He was in private practice for eight years. He is a former Metro Attorney and has been a Judge for 30 years. Judge Gayden has obtained certification as an International Arbitrator and he has also successfully completed the required 40 hours in civil mediation certification.

In all jury cases, there will be a status conference after the expiration of approximately four (4) to six (6) months. The conference will be conducted by Court personnel and/or the Court. At the first conference, a scheduling order will either be agreed upon or ordered by the Court. Each case shall be designated as either expedited, standard or complex. Each scheduling order shall contain either a trial date or an outside date before which a trial date must be set and placed upon the cel calendar.

A scheduling order may not be amended, including the date provided for as the outside date to set the case for trial, without leave of court.

Trial dates for non jury and jury cases can be obtained from the Assignment Clerk at 862-5181 or Bobbie Eden or Candy Rucker at 862-5901.

Judge Gayden hears settlements each morning at 8:45 a.m. in his chambers Monday through Thursday. On Fridays he hears those matters in open court after call of the motion docket. Court starts at 9:00 a.m.

Judge Gayden prefers that all matters be communicated to the court in pleadings, notices, memoranda and briefs. Letters sent to the Court will be filed in the Clerk's office. An attorney objecting to opposing counsel's order should contact Bobbie Eden.

Judge Gayden is accessible by telephone to resolve discovery disputes. He has no objection to conducting status conferences or pre-trial conferences by telephone when out-of-town counsel is involved.

Telephone conferences with Judge Gayden's law clerks are allowed concerning administration, but not the merits, of any case.

All jury cases designated as standard or expedited must have scheduling orders agreed to by the parties or ordered by the Court. All modifications to original scheduling orders must be by order of Court and cannot be by agreement of the parties, unless approved by Court.

File a motion pursuant to Local Rule 26. Judge Gayden will allow a motion to be heard earlier than the minimum notice if all parties agree.

Judge Gayden expects the parties to meet the case management/scheduling order deadlines. Any extensions must be by Court order, and agreement of counsel is not sufficient unless also ordered by the Court.

File a motion pursuant to Local Rule 22.08. Judge Gayden refers many motions regarding discovery to his law clerk. He also resolves discovery disputes by telephone conference.

These agreements and discovery matters submitted under seal should be in envelope with a label marked TO BE FILED UNDER SEAL. The envelope should be accompanied by a motion to seal.

A questionnaire is attached to all complaints and it is expected that the parties and attorneys will answer the questionnaire and exchange their respective answers to the questionnaires and make a good faith attempt to utilize ADR. The scheduling order should include possible ADR.

Judge Gayden presides over settlement conferences assigned to his court or any circuit. If the case does not settle, he would not hear the trial in the matter unless all parties agreed.

Judge Gayden requires that the parties or their representatives with full settlement authority attend the conference. He also requires a settlement statement to be filed with his office and not filed with the clerk. The statement shall include a summary of the viable theories of liabilities or defenses, status of settlement negotiations, strengths and weaknesses of plaintiff's position and strengths and weaknesses of defendant's position. He begins the conference in his courtroom meeting with all parties. He then meets with each side separately, shuffling back and forth. He conducts his settlement conferences in an informal setting.

Judge Gayden is a strong advocate of voluntary and mandated mediation. He has also ordered mandatory mediation under certain circumstances in several cases.

Any party may also file a motion to require mandatory mediation. The parties may agree to Court annexed mediation or non-Court annexed mediation.

A book of certified mediators is available in First Circuit Court. If the parties can't agree on a mediator, file a motion with the Court.

Trial dates for jury and non jury cases can be obtained from the Assignment Clerk at 862-5181 or Bobbie Eden or Candy Rucker at 862-5901.

Lawyers may move about the courtroom as they like. Counsel must ask for permission before handing documents to witnesses and jurors.

Judge Gayden asks questions to the prospective panel of jurors. At random, twelve persons are seated in the box and the remaining are seated on the benches. Judge Gayden randomly selects jurors in several ways. His clerk randomly calls jurors from a list to be seated in the box. He will ask all jurors who have not set on a trial to come forward and sit in the box, or if the trial will be a lengthy one, he may ask for volunteers. Respective counsel shall ask questions to the entire prospective panel regardless of where the jurors are seated.

Judge Gayden allows jurors to take notes, but not to take their notes in to deliberate. He also allows jurors to ask questions; however, whether the questions will be allowed to be answered is determined only after consultation with the attorneys or pro se litigants.

Judge Gayden holds side bar conferences to avoid having the jury leave the courtroom unless it is a complicated matter that will take considerable time.

This type of testimony is permitted. Attorneys should reserve a VCR through the Circuit Court Clerk's Office.

This is permitted. Counsel may install a paralegal or co-counsel in the witness box to read the answers in the deposition.

Sometimes Judge Gayden uses the verdict form furnished by the attorneys. Sometimes he draws up his own form.

Usually Judge Gayden will not permit the jury access to such transcripts or video tapes during its deliberations.

Judge Gayden will allow counsel to return to their office if it is nearby and if they leave their telephone numbers.

Judge Gayden will allow for the jurors to be interviewed if their jury service is completed and the juror wishes to speak to the attorney.

For civil cases, see Case Management Plan. All scheduling for motions in civil cases, contact the Second Circuit Court Law Clerk. Civil Motions are heard every Friday of the each month at 9:00 a.m., with a few exceptions.

For scheduling or rescheduling conferences or trials, you may call the Judicial Assistant to Judge McClendon. Judge McClendon prefers that all communication be by pleadings, memoranda and briefs, unless she directs otherwise in specific situations, such as follow-ups to a status conference.

The court often handles conferences by phone in emergency situations or to accommodate out of town or out of county attorneys. The judge will accept no telephone calls from one attorney or from litigants. If a conference call is necessary, contact the Judicial Assistant to Judge McClendon.

The law clerk will discuss scheduling and administrative matters with attorneys, but not substantive matters.

The Court is happy to have any attorney call or write and inquire as to the status of a case under advisement, particularly if the opinion is over 30 days. You will not be penalized if you ask what the status is.

See Case Management Plan. Judge McClendon has status conferences within 4-6 months of filing a civil jury case. Generally Special Master Marsh Nichols will preside at the scheduling conference. Judge McClendon will hear the more complicated cases.

See Case Management Plan. The court will only grant a continuance if the attorneys appear personally or, in an emergency, have a phone conference. If a case is continued, the parties must plan an ADR event between the continued date and the new trial date, whether it is a civil or family case. Continuances are rarely granted, as the court does so much management of its cases.

Civil motions are heard generally the first and third Fridays of each month at 9 a.m. You may check the dates on the Internet at www.nashville.gov/circuit or in the clerk's office. Second Circuit strictly follows Rule 26 concerning the two-week rule, unless you and your colleague agree to hear a motion earlier than the two weeks for emergency purposes. If your argument is expected to exceed a total of one-half hour, you should schedule the motion specially or alert the court.

If you are citing out of state cases in your briefs, please attach a copy of the case to your brief. If you file a reply late on Wednesday, to insure that it has reached the law clerk, please bring a courtesy copy to Second Circuit Court directly.

On oral argument in civil cases, please remember that Judge McClendon has read the bulk of your materials and briefs. Please go directly to your most important issues so that she can ask questions about particular points, rather than reciting the same material that you have in your brief.

All discovery is carefully outlined in the Scheduling Order. The dates set are reasonable and with attorney consent. Unless there is an unexpected occurrence, the court will not extend deadlines.

Judge McClendon expects that almost all disputes can be worked out between the parties as they have the superior knowledge in the case. Attorney disrespect of each other will not be tolerated. Discovery disputes that require court action will generally be concerning evidentiary matters.

The court encourages settlement of cases, particularly with the use of ADR. The Scheduling Order provides a date for an ADR event. Unless there is a particular reason not to do an ADR event, the court expects the parties to attempt settlement where possible. Judge McClendon will conduct a settlement conference upon special request. At the time that a settlement conference is set, you will be sent a letter which directs you to produce certain materials to the court prior to the settlement conference. Judge McClendon will not try a case in which she has conducted a settlement conference. Judge McClendon does settlement conferences approximately two weeks per year, unless specially scheduled. At the time that a settlement conference is set, she or Megan Gregory will send you a letter which directs you to produce certain materials to the court prior to the settlement conference. She will not try a case in which she has done a settlement conference.

Judge McClendon expects all parties to be present at the conference, including the representative of the insurance company, if applicable. At the beginning of the conference, she will ask all parties to make a statement of their case. She will then see if there are any factual disputes, which can be worked out between the parties. If necessary she will then use break-out sessions with each side in order to learn more about their view of the case. She particularly encourages parties and not just attorneys to participate. These sessions are confidential and no information will be disclosed to the other side, unless they agree. These sessions will continue either separately or with all parties back together, until settlement is reached or there is an impasse. Although Judge McClendon may refer to prior jury case verdicts, she does not generally give her assessment of the value of the case, until impasse has been reached.

Judge McClendon appreciates receiving briefs in civil cases, where there are issues that are not routine. This may be especially helpful in complicated civil cases or more unusual evidentiary issues.

The court will hear a Restraining Order ex parte, if the attorney assures her that he or she does not know if there is an attorney or if on diligent effort the attorney has been advised of the request but chose not to appear. If the party or attorney is available the court will require that the requesting attorney invite the other party or attorney to an emergency conference. The remainder of the process follows the Civil Rules.

All non-jury cases may be set by agreement with the Assignment Clerk with the Circuit Court Clerk�s Office, 862-5181, or by motion on the regular motion docket. In jury cases, usually a court date is set by Judge McClendon or Special Master Marsh Nichols. In cases where there has been no conference, by agreement of both counsel, a court date may be obtained from the Judicial Assistant to Judge McClendon, 862-5905. If a Motion to Set is filed, it will be placed on the Assignment Judge�s Docket in Sixth Circuit Court at 9:30 a.m. on Fridays. The Clerk�s Office will send you to Second Circuit to obtain a date.

Jury cases begin at 9 a.m. Lunch is usually at noon, but may be moved to accommodate witnesses. Court usually ends at 4:30 or 5:00 unless there is a necessity of witness accommodation, due to scheduling conferences.

In most jury cases, Judge McClendon expects that the voir dire is completed in the morning session. Therefore, please do not have your subpoenaed witnesses wait all morning, only to be told to return in the afternoon. This applies especially to police officers in accident cases.

Judge McClendon will accommodate out of town parties and witnesses as much as possible. If it is necessary, they will be taken out of order or even in the middle of an in-town witness' testimony. If you have out of town parties, it is best to schedule that case on a Monday, so that the case will be heard.

The court appreciates Motions in Limine. As the Local Rules state, they should be filed five days before trial. In complicated cases, the court will schedule a special hearing on the Friday of the week preceding the trial, so that we will not lose trial time.

Judge McClendon expects each attorney to treat the court as well as all other attorneys with respect, even in the midst of a heated legal argument. Each attorney should address the court, rather than each other. Judge McClendon will listen respectfully to each side, but does not expect the other party to interrupt the party speaking, until that party has completed their statement.

The court officers will seat 13 persons in the box. 12 jurors and one alternate. The remaining prospective jurors will be seated behind the rail. The court will ask each juror to introduce themselves, state the nature of their employment, if any, whether they have a spouse and spouse�s employment, any accidents or injuries, if a personal injury case, or other pertinent questions depending on the nature of the case. Each party�s attorney may then ask any questions to all 13 jurors. You are not to go back and ask each jury in turn a question, except to follow up their initial statements. You will only have one opportunity to ask questions of all 13 prospective jurors.

Each side has 4 challenges per each party, with a maximum of 8. To challenge a juror, each party may challenge persons in the box until all challenges are used or until no party exercises their challenges. Each person in the box may be challenged at any time. Replacements for jurors in the box are picked at random from those persons sitting in front of the box. If more replacements are necessary, the process will repeat as above from those jurors in the courtroom. Each attorney will place their challenge sheet at the front of their table. The clerk will pick up the sheet and exchange it with the sheet of the other attorney, to allow for either attorney to make a challenge under the Edmondson/Batson cases. If an attorney elects to make such a challenge, the attorneys shall approach the bench to request a ruling from the court, prior to the juror's dismissal.

The court will seat alternates by selecting one of the remaining jurors. Each side has two challenges to each alternate. In longer cases, the court will consider the jury to be a jury of 13 and will select one of the jurors at random not to deliberate at the end of the trial, if the alternate had not already been used.

Judge McClendon encourages note taking by jurors. They may take their notes into the jury room, but may not read from their notes to fellow jurors.

An opening statement should not exceed 10 minutes. If more time is necessary, please make a specific request. A closing statement should not exceed 20 minutes.

An attorney may make use of exhibits, if the attorney has shown the proposed exhibit to the other attorney and there is agreement. Otherwise make a request of the court to make a ruling.

It is difficult to have a meaningful conference at the bench. The court will willingly ask the jury to return to the jury room to have a full discussion of an evidentiary issue. Please try to schedule these at the breaks, or by Motion in Limine. Judge McClendon does not appreciate a surprise or that attorneys will not follow what previous agreements or rulings had been.

Video depositions are usually preferred over reading depositions. The videos should be edited so that only important information is presented to the jury. The best way is to designate the parts chosen, and let the other attorney then designate any other parts.

See above. It shows lack of respect for the jury and the court for the attorneys not to look at their depositions and edit them prior to trial. The court will strongly encourage attorneys to edit depositions even mid-trial, so that the jury does not fall asleep and miss the important points. If the deposition is read, please have someone else read the part of the deponent, even your secretary or the other attorney, if necessary.

If possible, all exhibits should be marked by the law clerk prior to the trial. The order they are presented is irrelevant. If marked during the trial, please give the exhibit to the clerk, (not the court reporter) who will mark it for identification or for admission. If you plan to give the exhibit to the jury, please have 14 copies in advance. If you plan to have a lot of exhibits, you might want to have a jury notebook available.

A witness who wishes to use a diagram or drawing, shall prepare same prior to trial or at recess, prior to testimony. This is particularly true for police officers or parties.

At the conclusion of the plaintiff's proof and at the end of the trial, the court will ask if there are other matters before we take up the defendant's proof or go to final argument, at which time the court will excuse the jury, if a motion for directed verdict is to be made

In a routine trial, the court will give a proposed draft of jury instructions and verdict form to the attorneys. If the attorneys wish to propose other than standard instructions, please have those instructions to the court as soon after the trial begins as you can. The jury instructions will be prepared during the trial.

At the conclusion of the trial, the court and the attorneys will discuss the proposed draft and any other proposed instructions. The court will endeavor to get agreement on all instructions, unless there is a clear objection.

The attorneys may state during the final argument that the "court will charge you...."

If you wish to have proposed Findings and Conclusions, it will be necessary to propose such findings and then have a response from the other side. The court does not encourage this often time-consuming endeavor, unless it is a very special case.

The court will hear offers of proof generally in summary form at a break, rather than during the trial, after an evidentiary ruling has been made.

The jury is immediately given all exhibits that have been admitted into evidence.

If counsel do not remain in the courthouse, they should let the court know exactly where they will be by telephone. They should not be more than 10 minutes away.

If the jury has a question, Judge McClendon will have the attorneys in chambers or by telephone in order to fashion a response to the question.

If the jury is deadlocked, she will bring the jury back into the courtroom and reread instruction 15.22 and let them continue to deliberate until they either reach a verdict or come to another impasse.

The court will ask if all on the jury agree. Then the court will ask all jurors to raise their hands if they agree. If the attorneys wish each juror to respond, they shall so request of the court.

Attorneys may interview the jury after the trial if this particular set of jurors has finished with their jury service for the week. Otherwise, they must wait until the end of the week.

Be prepared! Communicate with your fellow attorneys. Sit back and analyze your case objectively. Use all the court processes such as scheduling conferences, second conferences, settlement conferences, and private mediation to fully advocate in the best manner for your client. There is nothing worse than having a client be totally surprised by what happens in court. Remember that you and your client are in control of your fate. It is your choice as to how to best represent the interests of your client. Remember that only 5% of cases ever make it into the courtroom. The other 95% of the cases should not wait to settle on the courthouse steps. That is an unfair process for your client, if it can be avoided. When the client, be they plaintiff or defendant, comes to your doorstep, you should plan your case with resolution, not necessarily trial in mind. How to strategize that resolution successfully is what good trial advocates do.

Judge Phillip Robinson is a lifelong Nashvillian having graduated from Montgomery Bell Academy in 1968, the University of Tennessee in 1972 and the University College of Law in 1975.

In November, 1975, he became an associate of the Norman Law Offices and practiced there for 26 years. Judge Robinson�s early practice included personal injury, criminal, probate and domestic relations matters. For the past 25 years, he practiced family law exclusively involving divorce and custody actions, modifications of parenting time, child support and alimony, prenuptial agreements, orders of protection and Juvenile Court parentage, custody and dependent/neglect actions. In March, 2001, Judge Robinson, Judge Philip E. Smith and Teresa Webb Oglesby opened their own office.

Judge Robinson is a member of the Nashville Bar Association and the Tennessee Bar Association. He is a Fellow of the Nashville Bar Foundation. Judge Robinson is recognized in Best Lawyers in America and Mid-South Super Lawyers. He is board certified as a Family Law Trial Advocate by the National Board of Trial Advocacy and is a Fellow of the American Academy of Matrimonial Lawyers which is an organization of the nation�s preeminent domestic lawyers.

In March, 2012, Judge Robinson was appointed to fill the Third Circuit Court vacancy.

Uncontested docket including divorces awarded on default judgment with contested docket immediately following . . 9:00 a.m.

Uncontested docket including divorces awarded on default judgment with contested docket immediately following . . . . . . 9:00 a.m.

Third Circuit holds a motion docket every Friday. The motion docket schedule is posted on the Circuit Court Clerk�s website . . . . . . (9:00 a.m.)

Judge Robinson prefers that all matters be communicated to the Court in pleadings, notices, memoranda or in open Court.

All requests for continuances which are opposed for matters on any docket, other than the contested docket, shall be made by written correspondence to the Court�s Docket Clerk. The correspondence shall contain the basis for the request for continuance and set forth all communication with opposing counsel regarding the request for continuance. If the matter in question was set by agreement, the matter will be continued only for good cause. If the matter requested was set by the Court without input from counsel for the parties or if the matter was set unilaterally by counsel opposing the continuance, the Court will be inclined to liberally grant the continuance.

Due to the volume of cases assigned to Third Circuit, the Court is prevented from conducting telephone conferences regarding pending litigation. However, the Court will attempt to accommodate counsel regarding discovery disputes that arise during discovery depositions.

The Court reserves the right to conduct telephone conferences, sua sponte, when necessary in the furtherance of justice.

Telephone conference with the Third Circuit staff is encouraged as it relates to administration and procedure; however, discussing the merits of any pending litigation is strictly prohibited.

Judge Robinson does not generally require scheduling orders. Judge Robinson expects attorneys to prepare lawsuits and bring them to conclusion in a timely, efficient and financially reasonable manner. To further this goal, Judge Robinson encourages the parties to enter into scheduling orders early in the pendency of the case. Judge Robinson will grant reasonable requests for scheduling orders. The party requesting the scheduling order shall attach to the motion a proposed scheduling order.

Extensions of scheduling order deadlines will be granted only upon good cause if requested before the deadline has passed and there is no unfair prejudice to the opposing party. Deadline extensions by agreed order will only be approved by the Court after a motion, accompanied by affidavit setting forth good cause, has been heard by the Court.

Extension of scheduling order deadlines will generally not be granted after the deadline has passed. Parties may not agree to extend deadlines without Court permission.

Contested cases and judicial settlement conferences will only be continued upon a showing of good cause accompanied by motion and affidavit. Parties may not agree to continue without Court permission.

All motions in limine will be heard in strict accordance with Rule 30 of the Local Rules of Practice for Davidson County, Tennessee. Failure to comply with the rule may result in waiver of the relief requested.

All pretrial briefs shall be filed with the Circuit Court Clerk at least 72 hours (excluding weekends and holidays) prior to the scheduled hearing. Pretrial briefs are not required, but encouraged. The Court also requests that once the brief is filed in the clerk�s office a chamber copy be delivered to the Third Circuit staff.

Judge Robinson requires the following documents to be filed 72 hours (excluding weekends and holidays) prior to the scheduled contested divorce hearing:

Judge Robinson requires strict compliance with Rule 29 of the Local Rules of Practice for Davidson County, Tennessee.

Uncontested Divorces - An order to set must be filed at least seven days (excluding weekends or holidays) prior to the hearing date. Hearing dates can be obtained from the Third Circuit staff.

Contested divorces and contested custody matters - before a matter may be set for final hearing, mediation must be completed and, in appropriate cases, the parties must have attended the required parenting seminars. Waiver of these requirements will only be granted upon good cause after a motion hearing. The parties cannot agree to waive this requirement.

Upon satisfying the requirements above and upon the approval of a Certificate of Readiness, a party may request a final hearing date by motion. Upon the granting of the motion to set, a request for final hearing date shall be made to Linda Hollingsworth and/or Melissa Barnes. When obtaining a date to set, a date for judicial settlement conference will also be provided. A judicial settlement conference date must be set at the same time as the final hearing date. Setting a date for judicial settlement conference is required before the matter is set for final hearing.

Default Cases - Matters that are being conducted based on default judgment shall be set by an Order filed no later than fourteen (14) days (excluding weekends and holidays) prior to the hearing date. Default cases may be set on days the Court hears uncontested divorces. Hearing dates can be obtained from Third Circuit Court staff.

All other contested matters shall be set by motion requesting a final hearing date.

All discovery (written or otherwise) in civil matters shall be conducted in accordance with the Tennessee Rules of Civil Procedure and the Local Rules of Practice for Davidson County, Tennessee.

1. Rule 22 of the Local Rules of Practice for Davidson County, Tennessee shall be strictly adhered to by parties.

2. Judge Robinson considers a discovery request for financial information going back more than twenty-four (24) months prior to the filing of a complaint for divorce to be �excessive.� If a limitation on the discovery period for financial information in a divorce case is filed, the party requesting a longer period will have the burden of persuading the court that the longer period is not �excessive.� The Court will balance all competing interests of the parties, including the relevant cost and financial means of each party in rendering its decision. Judge Robinson encourages parties to conduct necessary discovery by informal and less costly means such as jointly sworn asset and liability statements and jointly sworn income statements. Informal discovery will save the parties significant cost in attorney fees and may result in less adversarial attitudes towards one another rendering settlement more achievable.

January 1, 2011, Judge Smith and Judge Robinson, by joint order modified the filing date for domestic motions to require that all motions filed in Fourth and Third Circuit Courts be filed no later than the close of business on the Friday nine (9) business days before the date of the motion hearing. Responses to motions are encouraged, but not required. No motion shall contain language requiring a response.

Judge Robinson generally reviews all motions filed before the motion docket. Judge Robinson requires adequate information for the basis of the motion, why the movant is entitled to relief and the specific relief requested. If the issue raised by the motion raises a question of law, Judge Robinson requests that any authority relied upon be attached to the motion or memoranda supporting the motion. Judge Robinson also requests that any contrary authority be pointed out in the motion or memoranda and attached thereto.

Due to the heavy volume of motions on each motion docket, Third Circuit staff requests that you know the number that your motion is on the docket when phoning in announcements.

Testimony during motion hearings will be limited. Parties that feel testimony is necessary should set forth the testimony by affidavit when feasible. Sworn income and expense statements are required for motions requesting support and will generally serve as testimony as to need and ability to pay.

Motion hearings that are anticipated to take more than twenty (20) minutes will be passed to the end of the docket. Those motions will be heard at the conclusion of third call. Judge Robinson requests if a party knows in advance a motion hearing will last more than twenty (20) minutes that notification be given during first call.

Due to the regular heavy volume of motions on the motion docket, Judge Robinson requests that counsel not approach the docket clerk until the conclusion of first call.

Temporary restraining orders in divorce cases will be denied if the subject matter of the requested restraining order is covered by the statutory injunctions.

The Court in its discretion, may set a temporary restraining order for hearing sua sponte. The Court, in reliance on Rule 65.07 of the Tennessee Rules of Civil Procedure, may leave the temporary restraining order in effect indefinitely or until final hearing.

No temporary restraining order resulting in an ex parte change in the primary residential status or custody of minor child will be granted unless the requirements of Tennessee Code Annotated � 36-6-405(b) are met.

Generally, Judge Robinson requires attorneys to submit orders setting forth his ruling. Orders shall contain all findings of fact and conclusions of law made by Judge Robinson. Orders are to be filed with the Circuit Court Clerk within forty-eight (48) hours..

Judge Robinson expects attorneys to be appropriately attired and to conduct themselves with proper respect. It is inappropriate to interrupt opposing counsel while he or she is addressing the Court, unless the purpose is to interpose a good-faith objection. It is also inappropriate to make personal or derogatory comments about opposing counsel either to the Court or to opposing counsel. PERSONAL ATTACKS ON OPPOSING COUNSEL ARE NOT APPROPRIATE..

Judge Robinson does not allow litigants to wear shorts, tank tops, cut up shirts or sunglasses. Chewing gum, food and drinks are not allowed in the courtroom. Attorneys are responsible for making their clients aware of these rules.

All previous chamber rules of the Third Circuit Court are hereby set aside and are of no force or effect.

These chamber rules or any part thereof are subject to suspension by Judge Robinson when, in his discretion, justice requires.

Judge Philip E. Smith graduated from the University of Tennessee College of Law in May of 1988. In October of 1988, Judge Smith went to work for the Office of the District Attorney General for the Twentieth Judicial District working in the Child Support Enforcement Division. In September 1990, Judge Smith joined the Norman Law Offices and remained there until March of 2001. In March 2001, Judge Smith, along with Phillip Robinson and Teresa Webb Oglesby began their own law practice.

Judge Smith�s practice consisted of mainly family law matters, including divorce, child support matters, custody and visitation matters, antenuptial agreements, post-nuptial agreements, grandparent visitation cases and domestic mediation.

In 2008, Judge Smith was inducted as a �Fellow� in the American Academy of Matrimonial Lawyers. The American Academy of Matrimonial Lawyers is an organization made up of the finest divorce lawyers in the United States. In 2007 and 2008, Judge Smith was listed in �Best Lawyers in America� in the Family Law category. In 2008,�Mid-South Super Lawyers� listed Judge Smith, along with 24 other lawyers from the Mid-South (Arkansas, Mississippi and Tennessee) as a �Super Lawyer� in the Family Law category.

In January 2009, Judge Smith became board certified as a Family Law Trial Advocate by the National Board of Trial Advocacy.

On March 18, 2009, Judge Smith was appointed as Judge of the Fourth Circuit Court of Davidson County, Tennessee, to succeed Judge Muriel Robinson. In August of 2010, Judge Smith was elected by popular vote to serve the balance of Judge Robinson�s term.

1st Tuesday of the month: Uncontested adoptions with contested divorce docket immediately following.........9:00 a.m.

Regular Tuesday docket: Uncontested docket including divorces awarded on default judgment with contested docket immediately following.......9:00 a.m.

Uncontested docket including divorces awarded on default judgment with contested docket immediately following.........9:00 a.m.

Fourth Circuit holds a motion docket every other Friday beginning with the first Friday of the month. The motion docket schedule is posted on the Circuit Court Clerk�s website.......9:00 a.m.

Judge Smith prefers that all matters be communicated to the Court in pleadings, notices, memoranda, or in open Court.

Due to the volume of cases assigned to Fourth Circuit, the Court is prevented from conducting telephone conferences regarding pending litigation. However, the Court will attempt to accommodate counsel regarding discovery disputes that arise during discovery depositions.

The Court reserves the right to conduct telephone conferences, sua sponte, when necessary in the furtherance of justice.

Telephone conference with the Fourth Circuit staff is encouraged as it relates to administration and procedure. However, discussion of the merits of any pending litigation is strictly prohibited.

Judge Smith does not generally require scheduling orders. Judge Smith expects attorneys to prepare lawsuits and bring them to conclusion in a timely, efficient and financially reasonable manner. To further this goal, Judge Smith encourages the parties to enter into scheduling orders early in the pendency of the case. Judge Smith will grant reasonable requests for scheduling orders. The party requesting the scheduling order shall attach to the motion a proposed scheduling order.

Extensions of scheduling order deadlines will be granted only upon good cause if requested before the deadline has passed and there is no unfair prejudice to the opposing party. Deadline extensions by agreed order will only be approved by the court after a motion, accompanied by affidavit setting forth good cause, has been heard by the court.

Extension of scheduling order deadlines will generally not be granted after the deadline has passed. Parties may not agree to extend deadlines without court permission.

Judge Smith requires the following documents to be filed 72 hours (excluding weekends and holidays) prior to the scheduled contested divorce hearing:

Judge Smith requires strict compliance with Rule 29 of the Local Rules of Practice for Davidson County, Tennessee.

Uncontested Divorces - An order to set must be filed at least seven days (excluding weekends or holidays) prior to the hearing date. Hearing dates can be obtained from the Fourth Circuit staff.

Contested Divorces and Contested Custody Matters - Before a matter may be set for final hearing, mediation must be completed and, in appropriate cases, the parties must have attended the required parenting seminars. Waiver of these requirements will only be granted upon good cause after a motion hearing. The parties cannot agree to waive this requirement.

Upon satisfying the requirements above and upon the approval of a Certificate of Readiness, a party may request a final hearing date by motion. Upon the granting of the motion to set, a request for final hearing date shall be made to Brenda Womack. When obtaining a date to set, a date for judicial settlement conference will also be provided. A judicial settlement conference date must be set at the same time as the final hearing date. Setting a date for judicial settlement conference is required before the matter is set for final hearing.

Default Cases - Matters that are being conducted based on default judgment shall be set by an order filed no later than fourteen (14) days (excluding weekends and holidays) prior to the hearing date. Default cases may be set on days the Court hears uncontested divorces. Hearing dates can be obtained from Fourth Circuit staff.

Adoptions - Uncontested adoptions may be set on the designated monthly adoption day. Hearing dates can be obtained by contacting Brenda Parks.

All other contested matters shall be set by motion requesting a final hearing date.

All discovery (written or otherwise) in civil matters shall be conducted in accordance with the Tennessee Rules of Civil Procedure and the Local Rules of Practice for Davidson County, Tennessee.

1. Rule 22 of the Local Rules of Practice for Davidson County, Tennessee shall be strictly adhered to by parties.

2. Judge Smith considers a discovery request for financial information going back more than twenty-four (24) months prior to the filing of a complaint for divorce to be �excessive.� If a limitation on the discovery period for financial information in a divorce case is filed, the party requesting a longer period will have the burden of persuading the court that the longer period is not �excessive.� The Court will balance all competing interests of the parties, including the relevant cost and financial means of each party in rendering its decision. Judge Smith encourages parties to conduct necessary discovery by informal and less costly means such as jointly sworn asset and liability statements and jointly sworn income statements. Informal discovery will save the parties significant cost in attorney fees and may result in less adversarial attitudes towards one another rendering settlement more achievable.

January 1, 2011, Judge Smith and Judge Soloman, by joint order modified the filing date for domestic motions to require that all motions filed in Fourth and Eighth Circuit Courts be filed no later than the close of business on the Friday nine (9) business days before the day of the motion hearing. Responses to motions are encouraged, but not required. No motion shall contain language requiring a response.

B. Judge Smith generally reviews all motions filed before the motion docket. Judge Smith requires adequate information for the basis of the motion, why the movant is entitled to relief and the specific relief requested. If the issue raised by the motion raises a question of law, Judge Smith requests that any authority relied upon be attached to the motion or memoranda supporting the motion. Judge Smith also requests that any contrary authority be pointed out in the motion or memoranda and attached thereto.

C. Due to the heavy volume of motions on each motion docket, Fourth Circuit staff requests that you know the number that your motion is on the docket when phoning in announcements.

E. Motion hearings that are anticipated to take more than twenty (20) minutes will be passed to the end of the docket. Those motions will be heard at the conclusion of third call. Judge Smith requests if a party knows in advance a motion hearing will last more than twenty (20) minutes that notification be given during first call.

F. Due to the regular heavy volume of motions on the motion docket, Judge Smith requests that counsel not approach the docket clerk until the conclusion of first call.

G. Motions for default judgment do not require an appearance by counsel for the moving party.

Temporary restraining orders in divorce cases will be denied if the subject matter of the requested restraining order is covered by the statutory injunctions.

Generally, Judge Smith requires attorneys to submit orders setting forth his ruling. Orders shall contain all findings of fact and conclusions of law made by Judge Smith. Orders are to be filed with the Circuit Court Clerk within forty-eight (48) hours.

Judge Smith expects attorneys to be appropriately attired and to conduct themselves with proper respect. It is inappropriate to interrupt opposing counsel while he or she is addressing the Court, unless the purpose is to interpose a good-faith objection. It is also inappropriate to make personal or derogatory comments about opposing counsel either to the Court or to opposing counsel. PERSONAL ATTACKS ON OPPOSING COUNSEL ARE NOT APPROPRIATE.

Judge Smith does not allow litigants to wear shorts, tank tops, cut up shirts or sunglasses. Chewing gum, food, and drinks are not allowed in the courtroom. Attorneys are responsible for making their clients aware of these rules.

All previous chamber rules of the Fourth Circuit Court are hereby set aside and are of no force or effect.

These chamber rules or any part thereof are subject to suspension by Judge Smith when, in his discretion, justice requires.

Judge Joe P. Binkley, Jr. is a native Nashvillian. He attended high school at Montgomery Bell Academy and graduated in 1962. He received his B.A. from Vanderbilt University in 1966. He received his J.D. from Vanderbilt University School of Law and was admitted to the Tennessee Bar in 1969. During nearly 40 years of law practice, Judge Binkley was a sole practitioner trial attorney representing Plaintiffs in all types of simple as well as complex workers� compensation and personal injury cases, representing individuals in all types of simple and complex domestic relations matters as well as defendants in all types of simple and complex criminal cases from 1969 through early 2008 in the state trial courts, federal trial courts and all appellate courts. He is a member of the Tennessee and Nashville Bar Associations, a Master of the Bench of the Harry Phillips American Inn of Court and a Fellow of both the Nashville and the Tennessee Bar Foundations.

Judge Binkley has served as the Fifth Circuit Court Judge since his appointment in March of 2008 and subsequent election in August of 2008. He hears predominantly civil cases; however, upon request, he has also been available to hear DUI criminal cases, divorce cases, Chancery cases and Probate cases.

Judge Binkley has been married to Suzanne Griffith Binkley since 1967. They have one son, Jay Binkley, who resides in Nashville, and two daughters, Holly Binkley Higgins along with her husband Mike and their two sons, Will and Jack, who live in Glenview, Illinois, and Ellie Binkley Fromherz along with her husband Bernard and their son Joseph who reside in Madisonville, Louisiana.

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

2. Judge Binkley prefers only short notice for the scheduling of minor settlements and workers' compensation settlements, which are generally conducted at 8:30 AM, Monday through Thursday.

3. In all jury cases, the Circuit Court Special Master, Marsh Nichols, will schedule a status conference/case management conference after the expiration of approximately 4-6 months from the initial filing of a jury case. These conferences are conducted by the Special Master. Each case is designated as either a general sessions appeal, expedited, standard, or complex pursuant to Local Rule �� 27.06(f).

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

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

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

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

Judge Binkley is vigilant in requiring out-of-state counsel to comply with the requirements of Supreme Court Rule 19 before participating in a case.

2. Judge Binkley will allow a motion to be heard earlier than the minimum notice if all parties agree. However, a waiver of Local Rule �26.01 (i.e. scheduling a dispositive motion within thirty (30) days of a trial date) will require permission from the Court.

3. In order to schedule a motion on an expedited basis without the agreement of all parties, a party must file a motion for an expedited hearing, along with the underlying motion. A proposed order granting the motion for an expedited hearing shall be filed as well, leaving the date of hearing blank for the Court to complete. The motion for an expedited hearing should fully explain why Local Rule �26.03(a) or (b) should be waived. If Judge Binkley grants the motion for an expedited hearing, he will enter the proposed order and schedule a hearing on the underlying motion. Counsel will be notified of the expedited hearing date by telephone, fax or e-mail.

4. Oral argument of a motion may be waived by agreement of counsel. See Local Rule � 25.04.

5. Parties are not required to appear on Friday mornings if no response to their motion has been timely filed. An order should be filed granting the motion within seven (7) days of the motion hearing date. See Local Rule � 33.01(a).

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

7. Judge Binkley does not call either the no response docket or motions for summary judgment when no responses have been filed; however, prior to calling the response docket, Judge Binkley will address any questions and comments concerning the no response docket.

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

1. Please use the podium, and please stand behind the podium when addressing the Court.

4. An attorney should never directly hand an exhibit to the judge or a witness. Please wait for the court officer to come forward and receive the exhibit. The court officer will then pass the exhibit to the witness.

1. Counsel should keep in mind that voir dire is not an opening statement. Fact specific questions are discouraged.

2. Please address your questions to the jurors seated in the jury box, unless one or more of the lawyers prefers to address questions to all prospective jurors seated in the courtroom. Please make your request to address all jurors in the courtroom prior to voir dire.

3. You may ask prospective jurors the verdicts rendered in other cases on which they have previously served on either a civil or a criminal jury; however, no additional details may be asked of those prospective jurors regarding their verdicts in other cases.

4. After you have addressed the first group of jurors in the box, address only the newly seated jurors who replace the excused jurors.

5. You may use your challenges against any juror until your challenges are exhausted. (Back striking is permitted.)

Judge Binkley will tell the jurors they are welcome to take notes during trials. Pen and paper are provided to the jurors by the Court for that purpose. The jurors are allowed to take their notes with them into the jury room when deliberations begin.

Counsel should keep in mind that an opening statement is not a time for argument, but rather a presentation of anticipated facts. An opening statement should not exceed ten (10) minutes. If more time is necessary, please make a specific request.

If you plan to introduce evidence or cross examine about evidence admissible under T.R.E. 404(b), 405(a), 608(b) or 609, please obtain permission from the judge beforehand, out of the presence of the jury.

1. As a general rule, the Court Officer of the Fifth Circuit Court will mark/label all trial exhibits. If the Court Officer is unavailable and if a court reporter is present for a jury trial, the court reporter will mark/label all trial exhibits unless counsel have agreed in advance to pre-labeling of the exhibits. This same procedure applies to non-jury trials. Judge Binkley asks that counsel and the parties remain silent until each exhibit has been marked.

2. A witness who wishes to use a diagram or drawing shall prepare the diagram or drawing prior to trial or at a recess or break prior to the testimony and allow all counsel to review the diagram before being introduced at trial.

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

Judge Binkley will set a time limit for closing argument based upon the length and complexity of the case. This limit will be decided at the time when jury instructions are discussed.

1. If counsel wishes to submit them, proposed jury instructions and a verdict form should be given to Judge Binkley's law clerk as soon as practicable either before trial begins, but certainly before the end of the trial.

2. A jury charge conference will be held with the attorneys to discuss the jury instructions and verdict form. These conferences are held on the record in the courtroom.

3. In all cases a copy of the finalized jury instructions and verdict form is provided for each juror to follow along as Judge Binkley reads them. Each juror is then allowed to bring their copy of the instructions and verdict form into the jury deliberation room, and the jurors may refer to their copies at any time during their deliberations.

1. Counsel are not required to remain in the courtroom or at the courthouse while the jury is deliberating; however, all counsel shall inform the court officers of where they will be and how they can be contacted throughout the jury deliberations.

2. All appropriate exhibits are given to the jury as they begin their deliberations.

3. All questions from and requests by the jury are submitted in writing to Judge Binkley. Judge Binkley will provide copies of all juror questions and requests to counsel and will meet and confer with counsel before making any replies.

4. Transcripts of audio and video testimony are not given to the jurors with other exhibits. If the jurors request to see a transcript or rehear such testimony, Judge Binkley will review such a request with counsel.

5. After the verdict has been announced by the presiding juror, as a general rule the jury will be polled by Judge Binkley.

6. After the jury has announced its verdict and court has recessed, Judge Binkley prefers to speak with the jurors and to answer their questions to the extent appropriate.

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

Thomas White Brothers was appointed to a term on the Tennessee Circuit Court beginning in February 1989 and was elected in 1990 to continue in the Twentieth Judicial District, and reelected in 1998.

His parents were Mack and Susan White Brothers. He is married to Lura Bainbridge.

He attended Parmer Elementary School and Montgomery Bell Academy. He received a Bachelor of Arts Degree with Honors in 1973 from the University of Tennessee at Knoxville. He received his J.D. from Vanderbilt University School of Law and was admitted to the Tennessee Bar in 1977. He served as Chief Warrant Officer for the Davidson County Sheriff's Department immediately after graduation from law school. Judge Brothers practiced law in Nashville as a solo practitioner (1978-89) in the law offices of Jack Norman.

Judge Brothers is a member of the Tennessee, Nashville and American Bar Associations and L.A.W. He is a member of the ABA Judicial Division's Technology Committee. He is a member of the Board of Directors of the Nashville Bar Association (NBA), and has served as chairman of the Minorities Opportunities Committee of the NBA. He is an emeritus Master of the Bench of the Harry Phillips American Inn of Court.

As a member of the Tennessee Judicial Conference, Judge Brothers serves as Chairman of the Technology for the Courts Committee. He is also a member of the Pattern Jury Instructions Committee and the Delay Reduction Committee. He is a past Secretary for the Conference.

Judge Brothers is the Chair for the Justice Integration Services (JIS) of the Metropolitan Government of Nashville, as well as the Circuit Court Representative on the Policy and Operations Committee of JIS. He is a member of the Advisory Commission on Technology reporting to the Tennessee Supreme Court.

All scheduling is handled by Judge Brothers' deputy clerk, Lori Stratton, at 862-5917.

Judge Brothers prefers that all matters be communicated to the court in pleadings, notices, memoranda, and briefs. If letters are absolutely necessary, the parties should file them in the Clerk's Office and they must indicate that all parties have received copies.

In extraordinary situations, motions to continue and disputes that arise during the course of depositions may be handled by telephone conference.

Parties are encouraged to enter Scheduling Orders when setting cases for trial, if not already done.

Extensions of scheduling order deadlines are generally granted if requested before the deadline has passed and there is no unfair prejudice to the opponent.

Trial continuances are granted only upon a showing of just cause supported by affidavit. Parties may not agree to continue without Court permission.

If numerous, contact the court about setting up a hearing to have them heard before the morning of trial. This will allow for prompt jury selection on the morning of trial.

The following motions require Court intervention and always require the movant to appear at the docket, even if no response was filed:

Motion to Compel
Motion to Dismiss
Motion to Set Aside Order or Notice of Dismissal
Motion to Withdraw as Counsel
Motion to Continue
Motion for New Trial
Motion for Additur/Remittitur
Motion for Directed Verdict (within 30 days of trial)
Motion to be Exempted from One Year Rule
Motion for Discretionary Costs
Motion for Default Judgment
Motion for Judicial Determination
Motion for a Show Cause Hearing

If a motion is to be heard on an expedited basis, parties should deliver a judge�s copy of all filings directly to chambers.

Parties must submit a statement that the parties have attempted in good faith to resolve the dispute, in accordance with Local Rule 22.08, before the Court will hear any discovery dispute. Genuine effort to resolve any dispute is required.

In all jury trials in which an expert is expected to testify, counsel shall submit that expert�s Rule 26 disclosure to the Court on or before the first day of trial. Counsel shall also bring to trial any discovery deposition made of that expert and shall make it available to the Court upon request.

Attorneys must stand when speaking. Attorneys must ask permission before approaching a witness for any purpose. Attorneys are not required to stand at the podium.

Challenges for cause must be made orally before peremptory slips are submitted. A juror will be subject to questioning only during the round of voir dire in which they are seated. Any side may back strike.

The use of technology is encouraged. The Court normally marks exhibits, unless there are more than twenty. They are numbered consecutively.

True sidebars are done, in lowered tones, but are not encouraged. The Court prefers jury out hearings.

The entire deposition does not have to be read. When reading a deposition, cite page and line number.

The use of technology encouraged. Providing copies of documents for jurors is encouraged. All exhibits/ documents should be Bates numbered.

Allowed if asked for, the request must be for a specific piece of testimony. Jury will review the video transcript in jury room.

Counsel and parties must be available within five minutes. If outside the courthouse, leave a phone number with law clerk.

Randy Kennedy is Judge of Division VII of the Circuit Court for Davidson County. He was first selected for office in November 2003, and was appointed by Governor Phil Bredesen. In 2004 he was elected by the citizens of Nashville and re-elected in 2006. Though he is frequently identified as the probate judge (for he is the only judge who hears probate matters in Davidson County), he also has Circuit Court and Chancery Court jurisdiction. Judge Kennedy presides over conservatorships and the administration of decedents estates and, by agreement with other trial judges, he also hears various other civil cases which include general sessions appeals, workers compensation and other non-jury matters as well as some civil jury trials. Judge Kennedy served as Presiding Judge of the Trial Courts of the 20th Judicial District from 2005-2007.

Following graduation from law school in 1977, he entered the private practice of law. After working for a small suburban trial firm for six years, he formed an association of attorneys in 1983, where he remained until taking office in 2003. Judge Kennedy practiced law in Nashville for 26 years prior to taking the bench.

His civic and professional activities have included service as a Metro Council member for two terms (1989-1995), member of the Metro Charter Revision Commission (1995-2007), President of the Donelson-Hermitage Chamber of Commerce (1980), President�s Advisory Council for Middle Tennessee State University (1998-2003), and past Board member of Senior Citizen�s, Inc., Middle Tennessee Council Boy Scouts of America, Donelson-Hermitage Exchange Club, and Nashville Area Chamber of Commerce. Judge Kennedy is an instructor on the faculty of the Nashville School of Law having taught the class on Wills from 2005-present.

Judge Kennedy is a member of the Nashville Bar Association, Tennessee Association for Justice, the Tennessee Bar Association, the Tennessee Trial Judges Association, the National College of Probate Judges, and is a fellow of the Nashville Bar Foundation.

Scheduling of matters that will require less than a 20 minute hearing are scheduled with the Probate Clerk�s Office (862-5980) for Probate matters. Matters requiring more than a 20-minute hearing are scheduled through Judge Kennedy�s Judicial Assistant, Kitty Lammers (862-5990).

Judge Kennedy does not consider ex parte communications. Letters addressed to the Court will be file stamped and placed in the case file. Issues requiring the Court�s intervention or assistance should be brought to the attention of the Court by the appropriate motion or petition with notice/summons to the Interested Parties as are appropriate.

Judge Kennedy will entertain telephone conferences when out of town counsel or parties are involved, or when necessary because of the facts of the case. Ex parte conferences of any kind will not be entertained.

Telephone conference with the law clerk regarding routine matters is permitted. Law clerks are not permitted to give advice regarding strategy or an opinion of how the Judge will rule on a particular matter.

Judge Kennedy follows the requirements of the Tennessee Rules of Civil Procedure and the Local Rules of Practice for Trial Courts in Davidson County, Tennessee.

Inquiry regarding the status of an order or matter taken under advisement may be made by motion, but inquiry may be made simply by calling the Probate Court Clerk�s Office. If status of the matter cannot be ascertained in this way, the inquiry may be made through the Judge�s law clerk. On matters where a quick response from the Court is requested, be prepared to inform the law clerk of why the matter is urgent. If some time has passed since an order was submitted, inquiry is welcomed particularly to ascertain that the order has not been misfiled or lost. Judge Kennedy follows Local Rules of Court for Davidson County 33.02 that requires a three-day waiting period on orders bearing only the signature of the attorney who prepared the order.

The Court looks favorably upon continuances by agreement unless exigencies of the case require prompt resolution of the matter.

If the parties cannot agree to continue a matter, the request for a continuance must be made by motion. The Court must approve continuances related to show cause hearings or accounting reviews in Probate matters.

In accordance with Tenn. R. Civ. P. 56.03, Judge Kennedy requires that each side provide a statement of disputed and undisputed facts.

Judge Kennedy follows the Local Rules of Court for Davidson County with respect to time frames and filing deadlines, but allows some flexibility in Conservatorships/Guardianships because a Probate Court must protect the best interest of its wards irrespective of filing deadlines.

Chamber or courtesy copies are not required. If submitted, such copies must be filed with the Clerk first before being delivered to the Judge�s office.

Orders should state the date on which the matter was heard. Orders that have no date or �blanks� for the Court to �fill in� the date increase the Court�s workload and delay processing of the order. This is because the Judge�s law clerk reviews each order and verifies it against her notes. When there is no date, the clerk must determine the date before the order can be verified. A certificate of service should be attached to every order.

Orders should be written so as to be self-explanatory. For example, instead of saying �Bond is waived� a more specific statement is preferred such as, �Bond is waived in accordance with Section IV of the will.�

Local Rule of Court, Davidson County 26.04 (f) which provides that motions which are not responded to are automatically granted is seldom followed in Conservator/Guardian proceedings because of a Probate Court�s duty to protect its wards. Ultimately, the Court is the adversary even if a motion in one of these cases is unopposed.

An attorney or party requesting that an order be signed immediately should be prepared to inform the Judge�s law clerk of 1) the urgency and 2) whether there is any opposition to the order.

The petition should indicate plainly that it is a request for emergency relief such as �PETITION FOR APPOINTMENT OF AN EMERGENCY TEMPORARY CONSERVATOR.� The petition should be filed first with the Probate Clerk. Next, counsel should inform the clerk that it is an emergency and ask the clerk to walk it up to the Judge�s office for processing.

Judge Kennedy believes in compliance with the letter and spirit of the Tennessee Rules of Civil Procedure. If the attorneys cannot resolve a discovery dispute, Judge Kennedy will resolve the dispute by hearing upon an appropriate motion. Also see �Scheduling Letter.�

Judge Kennedy presides over settlement conferences assigned to his court. If the case does not settle, he will not hear the trial in the matter unless all parties agree.

Judge Kennedy requires that the parties or their representatives with full settlement authority attend the conference. He also requires a settlement statement to be filed with this office and not filed with the clerk. The statement shall include a summary of the viable theories of liabilities or defenses, status of settlement negotiations, strengths and weaknesses of plaintiff�s position and strengths and weaknesses of defendant�s position. He begins the conference in his courtroom meeting with all parties. He then meets with each side separately, shuffling back and forth. He conducts his settlement conferences in an informal setting.

Any party may also file a motion to require mandatory mediation. The parties may agree to Court annexed mediation or non-Court annexed mediation.

A book of certified mediators is available in the Seventh Circuit Court. If the parties can�t agree on a mediator, file a motion with the Court.

Temporary restraining orders should be filed with the Probate Clerk. The attorney or party should then advise the clerk to take them to the Judge�s office for it to be acted upon immediately. The temporary restraining order should be identified clearly as such.

Judge Kennedy follows Tenn. R. Civ. P. 65 and Rule 19.02 of the Local Rules of Court strictly. It is essential that there be compliance with subsection (a) of 19.02 providing for notice to the opposing party or that an affidavit be filed indicating why notice could not be given.

Attorneys are allowed to move about the Courtroom freely during the course of the trial. Judge Kennedy is presently formulating a specific dress code. Until such time as the dress code is published, all litigants, witnesses, and other adults who attend courtroom proceedings should be dressed in a respectful manner and should not appear in shorts, tank tops, cut-off pants, flip-flops, tee shirts or in other inappropriate attire. Attorneys and court reporters should be dressed professionally; however, the Judge will allow exceptions when necessary. Judge Kennedy will take whatever steps are necessary to insure that attorneys and litigants act with civility during hearings.

All cellular phones, beepers and similar devices should be turned off or switched to an inaudible tone during Court proceedings. After a matter has been heard or the parties need to discuss a matter, they are requested to do so outside the courtroom so as not to interfere with other hearings. Judge Kennedy will usually allow parties to use the jury room for such discussion if it is available.

Usually 35 prospective jurors are selected from the jury pool. Judge Kennedy fills the jury box with 12 jurors plus 6 chairs in front of the jury box. Judge Kennedy will initially conduct his own voir dire of a general nature. When Judge Kennedy is finished, the attorneys may begin voir dire. As jurors are excused, the box is filled from the six chairs in the front row. Usually one alternate is chosen from the chairs in front of the box and the attorneys may vote on the alternate.

Jurors are allowed to take notes during the course of the trial and are allowed to take the notes to the jury room when they retire.

The Judge or the Clerk will mark exhibits. In cases involving documents or the like, it is extremely helpful for the judge and opposing counsel to have a copy of the documents so they can follow along with the witness.

In cases involving numerous issues, Judge Kennedy often submits a proposed charge on the issues that he is aware of before the trial begins to both counsel. Counsel are encouraged to reach a consensus on as many issues in the Jury Instructions as possible so that the charge can be prepared in large part before the trial begins.

The jury charge and verdict form is modified during the trial if and when necessary. Counsel is given an opportunity to comment.

Each juror is given a copy of the instructions so they can read along while the charge is being read to the judge. The jurors are allowed to take their copy of the charge to the jury room and are allowed to take the charge home at the conclusion of the trial.

Counsel must remain in court unless granted leave to return to their office. In such event, counsel should leave their office phone number and cellular phone and pager numbers with the Judge�s secretary so that they can be reached if the jury has a question or returns a verdict.

Judge Kennedy does not automatically poll the jury. He does ask counsel if they want the jury polled.

Judge Kennedy has no prohibition about interviewing jurors after the trial. He does make it clear to jurors that they are welcome to be interviewed by counsel after the trial but they are in no way obligated to do so.

Mondays and Tuesdays are generally available for trials which are expected to take more than 20 minutes. It is also on these days that the Court tries non-probate civil actions, including General Sessions appeals. Because the Court also deliberates in jury trials (both probate and non probate), attorneys and pro se litigants wishing to set a case for final hearing should set all non-jury cases on those weeks which are reserved for non-jury trials.

Wednesdays and Thursdays are reserved for Probate matters. The docket is called first for announcements. Counsel whose announcement requires more than one minute should estimate the length of the hearing and matters are usually handled shortest first, longest last. When a jury trial has not finished, Judge Kennedy will often hold an expedited Probate docket before reconvening the jury trial.

Friday mornings are reserved for motions in Probate matters. Status conferences and pretrial conferences are held on Friday afternoons. While fee motions do appear on the Friday docket they are usually not called unless there is opposition or counsel appears to explain a fee. Fee motions are typically taken under advisement.

Judge Kennedy will set status conferences sua sponte or upon request of the parties.

Because of the limited space, Judge Kennedy asks that �visiting� not take place in the Court�s offices. He simply asks that counsel realize that when he is not on the bench he and his staff still have work to do in their office.

Counsel should consult Rule 39 et seq before appearing in Court on a probate matter. These rules, which are a result of the prior efforts of the Probate Court Committee of the Nashville Bar Association and Judge Kennedy�s predecessor, Judge Frank Clement, are very detailed and are of critical importance. These rules fill in important gaps in the statutes and in some instances impose more stringent requirements than the statutes, particularly in areas involving notice and due process. An amendment to Rule 39.03 can be found at (Appendix V).

The Court will order fiduciaries to show cause or set an accounting review on the docket when fiduciaries have failed to provide accounting, provided an irregular accounting, or for other acts of misconduct. It is critical that the fiduciary appear at the show cause hearing or review because the Court will take immediate action to resolve the matter when no one shows up. This action may consist of �Retiring� the case which results in an order that puts the case on retired status but holds the fiduciary personally liable for their improper administration of the case, or removing the fiduciary, or submitting the matter to the District Attorney�s Office for investigation.

Bond is required of every fiduciary regardless of professional or social standing with three exceptions: 1) fiduciary may eliminate the need for bond or reduce the bond needed by freezing all or a portion of the funds through a �freeze agreement� with a financial institution that provides that the frozen funds will not be disbursed without Court approval; 2) the funds may be paid into the Probate Clerk�s office; 3) the fiduciary is covered under a blanket bond for cases on which they are appointed by the Court. Instructions for executing a restricted account �freeze� agreement, and an acceptable form of freeze agreement is attached as (Appendix IV).

Judge Kennedy is very reluctant to change minor�s names and will not do so when the name change appears to be used to effect an adoption. Names of foreign citizens are not changed unless they are a bonafide resident of Davidson County, Tennessee. Judge Kennedy discourages changing birth certificates.

Judge Carol Soloman was elected Judge of Eighth Circuit Court, the newest of the Circuit Courts, in August, 1998, and began her term on September 1, 1998. Judge Soloman was re-elected in August 2006 for another eight year term.

Judge Soloman is a 1979 graduate of the Nashville School of Law. She received her undergraduate degree from Peabody College, now known as Vanderbilt University at Peabody.

Judge Soloman worked for then District Attorney General Shriver before becoming a Law Clerk and Special Prosecutor in the 23rd Judicial Circuit which included the counties of Cheatham, Dickson, Humphreys, Houston and Stewart from 1975-1980. In 1980, she went into private practice with a primary emphasis on family law and criminal law. Her practice continued until she took the bench September 1, 1998. She is a member of the Tennessee Bar Association, Nashville Bar Association, Democratic Women, Women�s Political Caucus, Trial Judge�s Association, LAW, and the Madison/Rivergate Chamber of Commerce. She is also a board member for the Coalition Against Domestic Violence, Select Committee on Children and Youth, Growth Enterprises Nashville and Blue Knights.

These Chamber Rules are in addition to all applicable portions of the Tennessee Code Annotated, the Tennessee Rules of Civil Procedure, and the Local Rules of Practice for the Twentieth Judicial District.

Most hearings are scheduled by 8th Circuit Court directly. Please refer to Section IV for procedures regarding scheduling of cases.

Judge Soloman prefers that all matters be communicated to the Court in pleadings, notices, memoranda, or in open court. Letters from parties will be unread and returned to sender or filed with the Circuit Court Clerk if appropriate.

Judge Soloman generally does not hold telephone conferences concerning pending litigation. She prefers all communication occur in open court. However, on occasion for the convenience of attorneys, she will hold such a conference.

Telephone conferences are allowed concerning administration and procedure, but not the merits of any litigation. Clerks will not and cannot give legal advice to anyone.

Judge Soloman expects attorneys to be appropriately attired and to conduct themselves with proper respect. Attorneys may not approach the witness or the Judge unless asked to do so. When addressing the Court, an Attorney must introduce himself/herself to the Court. Attorneys shall stand when addressing the Court or Witnesses, or when making objections. If an Attorney anticipates being late for a court appearance, they shall promptly notify this Court as well as opposing counsel or pro-se litigant.

Judge Soloman does not allow litigants to wear shorts, tank-tops, cut-up shirts, or sunglasses. There shall be no pants allowed in the Courtroom that are sitting below the waistline. Also, no chewing gum, no food or drinks are allowed in the courtroom, and all cell phones must be turned off. Litigants should not speak out of turn, shake their heads, gesture, or in any way distract the Judge from court proceedings. Attorneys are responsible for making their clients aware of these regulations.

No children under the age of 18 are allowed in the courtroom without prior permission of the Court. If the child or children in question are the children of the litigants, they are not allowed to be on the 6th floor at all. If the child or children are needed as a witness, a request must be made PRIOR to the day of the hearing. If permission is granted, they will then be allowed on the floor and in the courtroom as they are needed, but should remain either at the attorney�s office or in the snack room until that time. If the child or children in question desire to observe court, and are not related to any case being heard that day, permission may be requested on that day.

Pursuant to Local Rule 5.06, it is improper to communicate ex parte with the Judge directly regarding a case pending before her. Do not email, fax, or call Judge Soloman with a question or comment regarding anything pending before this Court.

Judge Soloman does not require scheduling orders, but rather, expects attorneys to prepare their lawsuits and bring them to a conclusion in a timely and efficient manner. She will sua sponte set the case if the same has been pending for an unreasonable length of time and will notify the attorneys of record, or she will sua sponte dismiss the case for failure to prosecute.

The general policy of the court is that trials shall not be continued without the permission of the court. The Court frowns upon such delays.

All requests for the continuation of a trial shall be made to Judge Soloman in open court, either orally or by written Motion. Only upon good cause will the continuance be granted.

Motions shall conform to T.R.C.P. 7.02. A memorandum of law shall be submitted as needed to decide issues. Failure to comply will result in the motion being denied on its face.

No responsive pleading is required in domestic cases. Any mention of a required response in the motion will result in the motion being denied on its face.

Judge Soloman requires that parties file a motion to request Publication in lieu of service.

Motions are heard on the second and fourth Fridays at 9:00 am, and on the fifth Friday, of a given month, at 8:30 am. Any changes to this schedule will be available through the Circuit Court Clerk. In order to be heard, the motion must be filed with the Circuit Court Clerk by 4:30 p.m. at least seven (7) days preceding the hearing date. Motions for default are set in the same manner. If you believe your motion will take longer than 30 minutes to be heard, contact the Judge�s office for a special setting.

There will be 3 calls of this docket. If you are representing yourself, stand up when your motion is called so that we know you are here.

Motions to withdraw will be heard on first call, as well as any other Motions at the discretion of the Judge. If your Motion is not a Motion to withdraw, or one heard at the discretion of the Judge, mark it ready. DO NOT begin discussing your motion on 1st call.

Each case marked ready for this call will be taken in order. There will be a 5 minute limit. If the case is not completed, it will be moved to third call.

Note: Do not approach the clerk during the motion docket. If you need to relay a message, write it down and hand it to one of the court officers.

Oral argument is not required in support of or in opposition to all motions. Briefs, responses, and affidavits may be filed. However, attorneys are always required to appear before the court to offer evidence by witnesses or exhibits including on Motions for Default. Oral arguments shall be limited to 10 minutes per side at the 3rd Call of the Motion Docket.

Judge Soloman requires attorneys to submit orders setting forth her rulings. All orders shall be filed with the Circuit Court Clerk within 72 business hours.

If an order is over 30 days from the time of hearing, the Court may deny the order and require the attorney or litigant to re-file the motion.

Discovery shall proceed in accordance with the Tennessee Rules of Civil Procedure and the Local Rules.

Discovery disputes shall be resolved by filing the appropriate motion which will be heard during the court�s regular motion docket. However, Judge Soloman discourages such filings and requires a 30 day extension for discovery to be provided by agreement of counsel. At the end of the 60 day period if it is necessary to file a Motion to Compel, in most circumstances, sanctions will be granted.

All confidential documents shall be filed under seal with the Circuit Court Clerk and shall remain under seal until such time as Judge Soloman orders the documents unsealed. Judge Soloman retains the right to remove any seal she finds unnecessary, or one that violates any rulings of the Court of Appeals or Supreme Court.

The use of expert witnesses shall be left to the discretion of attorneys. The court requires counsel to follow the appropriate Rules of Civil Procedure.

Judge Soloman requests pretrial briefs in complex cases. Briefs should be submitted to the Judge�s office at the latest 72 business hours prior to the hearing. Briefs are always welcome and appreciated in any case.

Temporary restraining orders remain in effect until further orders of the Court. TRO�s concerning pending litigation may be requested through petitions or by Ex Parte Motions when accompanied by an affidavit and Order. If possible, notice should be given to opposing counsel.

Judge Soloman will only hear motions for Pendente Lite matters once. Motions to modify Pendente Lite matters will be routinely denied, except in extreme circumstances at the discretion of the Judge. At no time will Judge Soloman grant a Motion for a Temporary Parenting Plan. Rather, she will simply set a specific parenting schedule for the pendency of the case.

In addition to the requirements of Tennessee Code Annotated, this Court further requires that the statistical information in the Complaint contains a statement as to whether an Order of Protection is pending or has expired. In addition, in order for a divorce to proceed by default, proper grounds must be pled. Irreconcilable Differences is not a proper grounds for a Default Divorce, and a Motion for Default will not be granted. With regard to child support, Judge Soloman sets support back to the date the parties separated. If, at the final hearing, testimony shows that support had not been paid since that date, an arrearage judgment will be calculated and granted.

Trials are held Monday and Tuesday from 9:00 a.m. to 4:30 p.m. Trial will begin promptly at the conclusion of the Uncontested and Default dockets. Trial dates are acquired through the Judge�s Assistant only after the filing of all required documents. Upon receipt of a court date, an Order to Set must be filed no later than seven (7) days prior to the hearing date.

Both parties must have completed the parenting seminar, which must be at least four (4) hours, and which must be an in-person class.
on-line survey uptoparents.org
Proposed Parenting Plans with attached worksheets from both parties
Proof of Mediation
Notice of Insurance(if this statute does not apply, still file the form, but write the exception on the document and mail a copy to the other side)
Certificate of Readiness

Uncontested trials are held every Monday and Tuesday at 9:00 a.m. Trial dates may be set by any of Judge Soloman�s clerks. An order to set the final hearing must be filed with the Circuit Court Clerk no later than 7 days prior to the hearing date containing detailed information regarding the case, including when the divorce was filed and when the below required items were signed, filed and/or completed.

For parties representing themselves (pro se), a Motion to Set must be filed and heard on a motion docket. If the motion is granted, an order to set the final hearing must be filed with the Circuit Court Clerk no later than 7 days prior to the hearing date containing detailed information regarding the case, including when the divorce was filed and when the below required items were signed, filed and/or completed. No Motion to Set should be filed until the statutory waiting time has elapsed.

Marital Dissolution Agreement
Notice of Insurance (if this statute does not apply, still file the form, but write the exception on the document and mail a copy to the other side)
Parenting Plan with attached worksheet
Proof of 4-hour seminar attendance
Proof of uptoparents.org online survey completion

Default divorces are heard Monday and Tuesday at 9:00 a.m. Trial dates may be set by any of Judge Soloman�s clerks. Judge Soloman requires the testimony of the plaintiff and two corroborating witnesses. An order to set for trial must be filed with the Circuit Court Clerk no later than 10 days prior to the hearing date.

Show Causes and Contempts are generally heard on Thursdays at 10:00 am, and are set by the Judge�s Office, typically through a Show Cause Order or an Order to Appear filed by the Attorney with the Petition. Any Petition set on a Thursday shall not be allotted more than 30 minutes to be heard. If you believe your Petition will take longer than 30 minutes, you must notify the Court, so that a special hearing can be set on a different day.

Orders of Protection are heard on Wednesdays at 9:00 am, and a hearing date is set by the Sheriff�s Department or the Circuit Court Clerk�s office. If the Petitioner desires to request a continuance or dismissal of the petition, they still have to appear in person before the Court to make the request.

Cases involving Child Support Services are held every Wednesday at 1:00 p.m. Trial dates for this docket are generally set by the Child Support Office.

Judge Soloman does allow out-of-town parties to testify by interrogatories in uncontested matters if cleared by the court upon motion. In all contested matters, parties are required to appear before the court.

Judge Soloman has a 10 minute time limit. Judge Soloman requests opening statements to be concise, give a brief history of the case, and set out the relief requested by the parties.

Exhibits are to be handed to the court officer who will then pass them to the witness. They will be marked by the clerk, and the number given will be announced.

Judge Soloman requires proposals of property and debt divisions in addition to those items required pursuant to Rule 29 of the Local Rules.

Judge Soloman does not require court reporters in contested trials. However, if no court reporter is present, there will not be a record.

As this Court does not routinely hear adoption matters, if an Adoption Petition is assigned to Eighth Circuit Court, please contact the Law Clerk for procedural requirements. Final hearings on adoptions will be conducted by this Court on the second Thursday of each month at 9:00 a.m.

Mary Ashley (Marsh) Nichols was appointed Special Master for the Davidson County Circuit Courts in January, 1998. She was born September 9, 1956 in Jackson, Mississippi. She holds a B.A. in Communication from Mississippi State University (1979) and a J.D. from the Nashville School of Law (1988). She practiced with the law firm of Parker & Allen from 1988 to 1995 when she took maternity leave. She served as law clerk to the Honorable Hamilton Gayden from August, 1996 to the time she received this appointment.

The special master position was created by T.C.A. section 17-2-123 (Full-time master in certain counties), which confers the powers set out in Rule 25 and T.C.A. section 17-2-118 (Substitute judges).

The Special Master will sit as substitute judge for the circuit court judges from time to time. The Special Master is appointed as Substitute Judge pursuant to T.C.A. section 17-2-118 and order of the particular court. All orders must reflect that the case came on to be heard by the Honorable Mary Ashley Nichols, Substitute Judge for the Honorable (FILL IN THE BLANK) pursuant to T.C.A. section 17-2-118 and upon Order of Judge (FILL IN THE BLANK).

The Special Master also may sit as special judge by agreement of the parties. All orders must reflect that she is sitting by agreement of the parties.

As Special Master, recommendations are made to the trial judge. Pursuant to Rule 25, upon Order of Reference, she makes findings of facts and conclusions of law for the court.

The Special Master also calls the non-jury docket each month. The non-jury docket call is held in the Third Circuit Court and begins promptly at 9:00 a.m. Upon the call of your case, please stand, identify yourself, inform the court of the number of witnesses, the number of depositions, if any, whether all witnesses are present, the expected length of trial and whether there is any reason that this case cannot go to trial immediately. Cases will be assigned to the available courts. Workers Compensation cases always receive priority in daily scheduling.

The Special Master conducts status conferences for Second and Eighth Circuit Courts. [See V. below].

All pleadings, notices, motions, etc. should be filed with the Circuit Court Clerk's office, which will direct the document to the secretary of the appropriate court, who then will contact the special master. Please note that the special master is hearing the case. DO NOT DELIVER THE ORIGINAL TO THE SPECIAL MASTER'S OFFICE. The special master appreciates complimentary copies delivered to her office.

The Special Master's mailing address is 611 Metro Courthouse, Nashville, Tennessee 37201.

The Special Master's telephone number is 880-2555. Please contact her directly to schedule any matters EXCEPT matters which she is hearing as special or substitute judge. To schedule those matters, contact the secretary of the particular court for which she is sitting. Assume the matter will be heard in the courtroom to which it is assigned unless you are notified differently.

The Special Master strongly encourages members of the Bar to contact her with any matters pertaining to the Circuit Courts. If she cannot assist you directly, she may be in the position to refer you to the proper person. Do not hesitate to call.

The Special Master conducts case management/status conferences for Second and Eighth Circuit Courts. Attendance is mandatory unless prior arrangements have been made with the Special Master. Out of county attorneys are permitted to attend by telephone so long as arrangements are made prior to the conference. You may not enter an agreed scheduling order to avoid the status conference.

The first conference is held four to six months after filing the complaint. You will receive an initial notice from the court scheduling the conference. Please make every effort to accommodate the Court by keeping this schedule. If you cannot attend, please do not send an associate unless the associate is familiar with the file and can agree upon scheduling, trial v. Mediation track, etc. A follow-up conference will be scheduled at an agreed time after the initial conference. If you must reschedule the INITIAL conference, this is the procedure for the individual court:

Second Circuit: Contact the Special Master at 880-2555. She will give you a new date and time. It is your responsibility to notify opposing counsel and to draw the order. Please place a signature line for Judge McClendon and a signature line for the Special Master on the document.

The Special Master will ask the procedural history of the case and the status of discovery. She will want to know the issues as to liability, causation and damages. She will want to know whether the attorneys believe the case should be on an ADR or a trial track and if there is any reason the case cannot be resolved within 12 months of filing. She will seek to enter a scheduling order with an eye to ADR unless counsel disagrees. Counsel who disagree with the recommendation of the Special Master to the court are encouraged to file a motion to place the issue before the court.
Please do not fail to appear at a status conference. Always assume the conferences will be held in the jury room of the individual courts unless notified differently by notice placed outside the courtroom. All conference calls should be placed to the particular judge's chambers and not to the special master's office, unless advance arrangements are made. Never wait until the date and time of the conference to notify the special master you cannot attend as this inconveniences opposing counsel.

Alternative Dispute Resolution ("ADR") procedures are now available to assist in the resolution of civil cases. ADR may considerably reduce the amount of time and money spent in resolving conflicts, as well as, providing the parties with choices, confidentiality, and a degree of control in the outcome of their case.

Each party should review this questionnaire with their attorney. The Plaintiff(s) (or the Pro Se litigant (s) and the defendant (s) should sign it and return it to First Circuit Court within 30 days of receipt of the notice.)

After this case is at issue the Court directs you to contact your adversary and enter into an agreed scheduling order. If any of the parties agree to one or more forms of ADR, please include the form(s) of ADR in the scheduling order. Please note that at any time during the pendency of this case, the Court will entertain motion(s) to refer the case to ADR. A pamphlet is available through the Nashville Bar Association or the Clerk entitled "Settle Your Dispute Through Mediation" that provides further information about ADR procedures.

I have reviewed the above questionnaire and have indicated my preference this the _____ day of _______________, _______.

CERTIFICATE OF COUNSEL I have furnished a copy of this Questionnaire to the party represented by me (including any insurance company assisting with the cost of defense), have made available to such person(s) information about the various forms of ADR, and have discussed with my client responses to the above questions. I have served opposing counsel a completed copy of this Questionnaire this the _____ day of _______________, _______.

In December 1995, the Supreme Court of Tennessee established Rule 31 regarding Alternative Dispute Resolution. Pursuant to this Rule, a court may order parties in a civil action to participate in an alternative dispute proceeding. Likewise, parties to a lawsuit may agree to Alternative Dispute Resolution. The Rule provides for the use of various methods of ADR. Often Alternative Dispute Resolution of pending cases may save time and expense. Litigants in the Circuit Court may wish to use one of these procedures to assist in the speedy and efficient resolution of civil cases. Some of the more common forms of ADR are:
Judicial Settlement Conference- mediation conducted by a Judge other than a Judge before whom the case will be tried.
Non Binding Arbitration- process in which a neutral person or panel, called an arbitrator or an arbitration panel, considers the facts and arguments presented by the parties and renders a decision which is non-binding.
Mediation- an informal process in which a neutral person called a mediator conducts discussions among the disputing parties designed to enable them to reach a mutually acceptable agreement among themselves on all or any part of the issues in dispute.
Case Evaluation- a process in which a neutral person called an evaluator or evaluation panel after receiving brief presentations by the parties summarizing their positions, identifies the central issues in dispute as well as areas of agreement, provides the parties with an assessment of the relative strengths and weaknesses of their case, and may offer a valuation of the case.
Summary jury trial- an abbreviated trial with a jury in which the litigants present their evidence in an expedited fashion. The litigants and the jury are guided by a presiding neutral person. After an advisory verdict from the jury, the presiding neutral person may assist the litigants in a negotiated settlement of their controversy.

Mini-trial- a settlement process in which each side presents an abbreviated summary of its case to the parties or representatives of the parties who are authorized to settle the case. A neutral person may preside over the proceeding. Following the presentation, the parties or their representatives seek a negotiated settlement of the dispute.
The Judges of the trial courts of Davidson County unanimously support ADR and questionnaires are provided to all litigants at the beginning of a lawsuit. The questionnaire asks litigants to answer whether that litigant will be voluntarily agreeable to one or more of the ADR forms described above. (Please fill out this questionnaire and return it to the Circuit Court Clerk's Office)

Sincerely,

____________________________ ______________________________

This case is set for non-jury trial in Probate Court for Wednesday, September 7, 2004 at 10:00 a.m. Though your case is set for 10:00 a.m., other cases, if brief, may be heard prior to your trial. A period of two hours has been allotted for this trial. Please advise my Judicial Assistant, Kitty Lammers, at 862-5990 if the estimated trial time should change.

2. Subpoenas.
Local Rule 28 requires the issuance of subpoenas ten (10) days prior to trial for local witnesses and fourteen (14) days prior to trial for out-of-county witnesses (as a minimum); however, this Court encourages the issuance of subpoenas at the earliest reasonable opportunity. This is a courtesy to the witnesses and provides greater certainty that the trial will proceed as scheduled. This Court disfavors requests for continuances due to the absence of a witness whose subpoena was issued at the last moment.

3. Exhibits and Witnesses.
Pursuant to Rule 29, at least 72 hours before the trial (excluding weekends and holidays), counsel shall meet or shall hold a telephone conference:

(b) to discuss proposed exhibits and whether viewing of same is necessary or whether they can be faxed or mailed to opposing counsel. In the absence of a face-to-face meeting, exhibits shall be made available for viewing at least 72 hours before the trial. Unless the exhibits are voluminous or bulky, counsel shall make appropriate copies for use at trial. There should be one copy for each attorney, one for the witness and one for the Court.

4. Discovery Disputes.
All discovery disputes including inadequate responses and/or failure to supplement discovery shall be resolved, and any rulings required of the Court shall be ruled upon no less than 72 hours prior to trial, excluding weekends and holidays.

5. Pretrial Motions.
All pretrial motions, except for those that can be handled in a minimal amount of time, shall be resolved and ruled upon by the Court no less than 72 hours prior to trial, excluding weekends and holidays.

6. Trial Briefs.
Trial briefs are required in all non-jury cases, pursuant to Local Rule 29, and must be filed at least 72 hours prior to the trial, excluding weekends and holidays.

Pursuant to T.C.A. 34-1-105(b)(4), by agreement, and with court authorization, certain funds may be held in a restricted account with a company in lieu of posting a Surety Bond with the Clerk.

On the financial institution�s corporate letterhead, an authorized agent for the depositing financial institution must state to the Court that �the funds they are holding on behalf of the Ward (and/or Estate) will be held in a restricted account and that no funds will be withdrawn, for any reason, without specific approval of the Court�. This statement should further acknowledge that the financial institution �will hold the funds in a restricted account and will continue to do so even if the financial institution is merged or acquired by another company�. It should further state that �any and all changes to this restricted account must be approved by the Court�.

Other items which must be included are as follows:
1. the name of the Respondent;
2. the account number set up to hold the funds;
3. the amount of the funds being held; and
4. the name, address, phone number and signature of the authorized agent.

If available, a corporate seal of the financial institution should also be placed on the letter.

This Letter of Agreement to Restrict Funds should be submitted to the Clerk�s Office along with the Order appointing the Guardian.

The Order should direct the Clerk to issue Letters of Guardianship upon the approval by the Judge of the Letter of Agreement from the financial institution.

No Letters of Guardianship will be issued by the Clerk without the approval of this Letter of Agreement by the Judge.

Be sure to explain to your client that simply because funds are being held by the financial institution in a restricted account does not mean that Annual Accountings are waived.

Pursuant to T.C.A. 34-1-105(b)(4), _______________________________ the fiduciary appointed for the above-referenced respondent, and _________________________, the duly authorized depository agent for _________________________________, financial institution in which certain funds of the above respondent in the amount of $_______________ are to be held on deposit, do hereby expressly and mutually agree and state to this Court that the funds that the financial institution are holding on behalf of the ward and/or estate will be held in a restricted account and NO funds will be withdrawn, for any reason, without specific approval of the Court. The parties mutually agree and acknowledge that the foregoing financial institution will hold the funds in a restricted account and will continue to do so even if the financial institution is merged or acquired by another company. Any and all changes to this restricted agreement must be approved by the Court, this _____ day of ______________, 20____.

IN RE: ORDER AMENDING PROCEDURE FOR PROBATE MATTERS

AMENDMENT TO RULE 39.03

Due to confusion caused by the variety of ways petitioners are providing the information required in a petition to admit a testamentary instrument to probate as required by Rule 39.03(a), the Court finds that it would be beneficial to clarify the rule to require that certain pertinent information be set forth in separate paragraphs. It is, therefore, Ordered that Rule 39.03(a) is amended to read as follows:

Rule 39.03 - Estates of Decedents:

1. Petitions to Probate Wills, Codicils and other Testamentary Instruments:

A verified Petition to probate a will, codicil, other testamentary instrument or to administer an intestate estate shall set forth such information as is required by statute and these Rules.
a. Furthermore, in a petition to probate a will, codicil or other testamentary instrument, the petition shall specify in two separately numbered paragraphs (emphasis added) the names, and if known, addresses and relationships of:

1) all legatees and devisees under the testamentary instrument(s),and
2) the next of kin/heirs at law who would inherit from the decedent if there were no will, including the surviving spouse (even though not named in the will).

b. Furthermore, in an intestate estate, the petition shall specify the names, and if known, addresses and relationships of the next of kin/heirs at law, including specifically the surviving spouse.

The value of real and personal property to be administered need not be stated if bond is expressly waived and the named executor or alternate executor is willing to serve.

This order shall take effect immediately.
Dated: May 17, 2004.

_________________________________
Randy Kennedy, Judge

Top

Name	Age	Relationship	Address
Jennifer Surber	Adult	Niece	50 Mac Street Nashville, TN 37200
Teresa Covington	Adult	Niece	10 Cove Street Nashville, TN 37200

There is no surviving spouse for the decedent was not married at the time of his death and there are no surviving issues.

9. The Petitioner has provided reasonable notice of this hearing to the decedent's next of kin/heirs at law and beneficiaries along with a copy of this Petition.

10. The Petitioner has provided reasonable notice of this hearing to the decedent�s next of kin/heirs at law and beneficiaries along with a copy of this Petition.

PREMISES CONSIDERED, PETITIONER REQUESTS:

1. That said Last Will and Testament be admitted to probate.

2. That Letters Testamentary issue, without bond and without the necessity of filing any accounting or inventory.

____________________________
Babie Ruth Lester, Petitioner

(Acknowledgment, Notice and Attorney's signature also required.) A Certificate of Service in common form probate matters should also be placed at the bottom of the Petition:

I CERTIFY THAT A TRUE AND EXACT COPY OF THE FOREGOING AND ALL ADDRESSES AND NAMES HAS BEEN SENT BY U.S. MAIL TO ALL OF THE INTERESTED PARTIES NAMED IN THE PETITION AT THE ADDRESSES SET FORTH ABOVE THIS
_______ DAY OF ___________, 20____.

TABLE OF CONTENTS

ORDERS