RULE 1.
ADOPTION OF RULES
Theses local rules are adopted for the Knox County Chancery Court effective April 1, 2002, replacing all previous rules and policies governing Chancery Court. Any of these rules may be waived or modified by the Court when the Court finds that justice requires the waiver of modification.
RULE 2.
COURT SESSIONS
Subject to such variations as the Court may find necessary or convenient, the hours of Court shall be 9:30 A.M. to 4:30 P.M., subject to noon recess from 12:00 noon to 1:30 P.M., and with ex parte matters to be heard in chambers from 9:00 A.M. to 9:30 A.M.
RULE 3.
COURT RECORDS
All Court papers and records shall be kept by the Clerk and Master and no file may be withdrawn except by Court Order.
RULE 4.
COMPLAINTS AND PETITIONS; PROCESS; AND SUMMONS
Every complaint and petition shall respectively state the following, if known, for each party: residential address, place and address of employment, and social security number. Every complaint and petition shall also state the address of the place where each defendant or respondent may be served with process. When process is served by mail, in addition to the requirements of Rule 4.03 (2) of the Tennessee Rules of Civil Procedure, the return receipt shall show the docket number of the case and shall be addressed to the Clerk and Master. Upon the filing of a complaint or petition for which a summons is required, the party or the party’s counsel filing the complain or petition may prepare and submit the summons for issuance by the Clerk and Master.
RULE 5.
SUBPOENAS
All requests for subpoenas for trials or hearings shall be in writing and delivered to the Clerk and Master, or by filing a completed subpoena form lacking only the signature of the Clerk and Master, and shall state specifically the witness’ full name, as well as where and when the witness may be served with the subpoena. The absence of a witness for a trial or hearing shall not be a ground for continuance unless a witness subpoena request complying with the above was accomplished by the party seeking the continuance no later than 7 days prior to the trial or hearing and the failure to obtain private service of a subpoena upon the witness is satisfactorily explained by the party seeking the continuance.
RULE 6
SETTING CASES, MOTIONS AND PERTRIAL HEARINGS
The Court will set all cases for trial and all motions and other matters for hearing, and give notice thereof, except that child support pendente lite hearing dates in domestic relations cases to be heard by the Referee will be assigned at the Clerk’s counter. Persons desiring special settings and hearings should contact the office of the Court.
RULE 7.
CONTINUANCES
Cases set for hearing may be continued only by leave of the Court by written order.
RULE 8.
LIMITATIONS ON INTERROGATORIES AND REQUEST TO ADMIT
(A) Number. No party shall serve upon any other party more than 30 interrogatories or requests to admit, however numbered, lettered or sub-divide, without leave of Court. If a party is served with interrogatories or requests to admit exceeding 30, response to only the first 30 shall be made. Any motion seeking leave to serve more than 30 interrogatories or requests to admit shall set out each additional interrogatory or request to admit together with the reason establishing good cause for exceeding the limit of 30.
(B) Responses. The response to each interrogatory or request to admit shall be preceded by the interrogatory or request to admit.
RULE 9.
ENTRY OF JUDGMENT AND ORDERS
All orders and judgments which tax costs shall contain both the home address and employment address of those charged with all or any part of the costs of the cause. In any event, the bill of costs may be sent to those responsible for costs in care of the attorney for such responsible person (s).
RULE 10.
ENTRY OF JUDGMENT AND ORDERS
All judgments and orders shall be tendered for entry within 7 days after the decision or ruling by the Court. It shall be the initial duty of the prevailing party or the prevailing party’s counsel to prepare the judgment or order and to submit it to all other parties or counsel for approval. In the event that there is no response thereto, or the parties or counsel do not agree upon a proposed judgment or order any party may serve a proposed judgment or order on all other parties or counsel with notice thereon of an in chambers hearing for entry of the judgment or order which hearing shall be set through the Chancellor’s secretary. Any other party or counsel may tender a proposed judgment or order to the Court with the signature of that party or counsel together with the certificate of that party or counsel that a copy of the proposed judgment or order has been served on all other parties or counsel.
RULE 11.
NOTICE OF ENTRY OF JUDGMENT: MAILING
Any party or counsel requesting the Clerk to mail or deliver a copy of the entered Judgment to all parties or counsel under TRCP 58.03 shall present with the judgment a list of all parties or their counsel entitled to receive notice with their current mailing address and payment of an amount as determined by the Clerk and Master to be sufficient to pay for mailing.
RULE 12.
DOMESTIC RELATIONS CASES
(A) APPLICATION. The provisions of Rule 12 apply to all actions for divorce, child custody, visitation, child support and alimony. The Domestic Relations Local Rules and Polices of September 1, 1989 and September 2, 1997, are no longer in effect in Chancery Court.
(B) INFORMATION AND PLEADINGS. Each initial pleading or motion shall set forth the information required by Rule 4 of these rules and as required by Tenn. Code Ann. § 36-4-106. Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Tenn. Code Ann. §36-6-201 et. seq., all filings in which the custody of a child is at issue shall set forth in the first filing the information required by the Act and in particular by Tenn. Code Ann. §36-6-224.
(C) TIME PERIOD BEFORE HEARING. No action for the granting of a divorce shall be heard until it shall have been at issued or subject to default for 30 days.
(D) PRETRIAL AFFIDAVIT AND PROPERTY LIST. No later than 5 days prior to trial in actions for divorce, both parties shall file a joint affidavit outlining their income and their expenses together with a joint list of property and debts listing their separate property and marital property; listing their debts; proposing a division of the marital property and marital debts; and if alimony or spousal support is demanded, the type, amount, duration, and the statutory basis for the granting of the demand. Should the parties dispute a classification of property as being separate or marital, they shall separately list the same in their affidavit as disputed. No later than 5 days prior to trial, the parties shall also exchange copies of their U.S. Income Tax Returns for the 2 tax years next preceding the trial date, regardless of whether the returns were filed by the parties with each other jointly. If a party’s tax return has not been file for either or both of the 2 tax years next preceding the trial date, that party, in lieu of the tax return or tax returns not filed, shall give to the other party copies of all of the documents that reflect all of the income for the party each of the 2 years for which a tax return has not been filed.
(E) CHILD SUPPORT
(i) Referee Hearings. The Referee shall be limited to hearing, and shall hear, all petitions to grant, to modify and to enforce child support and to modify and to enforce alimony provided child support is also at issue. The Referee shall not set any petition for hearing in any matter unless a parent has filed an application in the case for support services pursuant to Title IV-D of the Social Security Act.
(ii) CHILD SUPPORT AND ALIMONY FINANCIAL STATEMENT Upon the filing of a petition or motion seeking the modification of child support or alimony, each party shall file, no later than 5 days prior to the hearing, an affidavit listing the assets, debts, gross monthly income and monthly living expenses of each party to the extent known to the filing party, as well as any other relevant financial facts that the filing party desires the Court to consider.
(F) PARENTING PLANS AND PARENT EDUCATION SEMINARS
(i) In all actions seeking the establishment of residential schedules and/or parenting responsibilities, the plaintiff or petitioner shall file with the complaint temporary parenting plans agreed upon by the parties, or, if no agreement has been reached, a proposed temporary parenting plan of the plaintiff or petitioner.
(ii) If no agreement has been reached, the defendant or respondent shall file with the answer, the defendant’s or respondent’s proposed temporary parenting plan.
(iii) If only one party files a proposed temporary parenting plan in compliance with Rule 12 (F) (i) or (ii), that party may petition the Court for an order adopting that plan by default. Upon a finding that the Plan is reasonable and is in the best interest of the child (children) in accordance with Tenn. Code Ann. §36-6-403 (2), the plan may be adopted by the Court by default.
(iv) If both parties submit a proposed temporary parenting plan but cannot agree on a temporary parenting plan, then the parties shall engage in dispute resolution subject to the limitations and restrictions set forth in Tenn. Code Ann. §36-6-409. In the event dispute resolution is not available or the parties are still unable to agree, either party may request a hearing for the Court to establish a temporary parenting plan.
(v) If the parties are unable to agree on a permanent parenting plan, the parties shall participate in alternative dispute resolution and comply with the provisions of Tenn. Code Ann. §36-6-404 (c) (3). If the parties have not engaged in disputed resolution, or if neither party has filed a proposed permanent plan at least 15 days prior to the trial date, then the trial of the case shall be continued unless an agreed permanent parenting plan is submitted on or before the date for trial.
(vi) If the case is continued for failure to comply with Rule 12 (F) (v), then the parties shall, within 30 days of the date the trial was continued, submit proposed permanent parenting plans and participate in dispute resolution. Failure to do so may result in the imposition of any of the sanctions set forth in Rule 16 of the Tennessee Rules of Civil Procedure.
(vii) Both parties shall attend an approved parent education seminar within 45 day of the date of service of the complaint or petition upon the defendant.
(G) RECONCILIATION. In reconciliation situations, if the cause is not simultaneously dismissed, on Order of Reconciliation shall be entered.
(H) DOCUMENTS NOT TO BE FILED. Pursuant to Rule 5.05 of the Tennessee Rules of Civil Procedure, the following shall not be filed with the Court in domestic relation cases except pursuant to special order of the Court or for use in proceeding: depositions upon oral examinations; interrogatories; request for documents; request for admissions; and answers and responses thereto.
RULE 13.
SETTLEMENT OF CASES INVOLVING WORKERS’ COMPENSATION CLAIMS AND DISABLED PERSONS
All pleadings must be filed with the Clerk and Master before hearing in all workers’ compensation settlements and settlements involving minors and incompetents or disabled persons.
RULE 14.
APPLICATION FOR FEES
All applications for attorney’s fees and expenses shall be supported by a statement, verified by the attorney under oath, setting forth in detail the basis for the fees sought. The criteria in DR2-106 of Rule 8, Supreme Court Rules, will control the awarding of the attorney’s fees.
RULE 15.
GUARDIAN AD LITEM APPOINTMENTS
In all cases involving the appointment of a guardian ad litem, the party seeking relief shall present the Court with a proposed order providing for the appointment of a guardian ad litem leaving a space blank for the Court to insert the name of the guardian ad litem.
RULE 16.
PROBATE DIVISION FILINGS
All proceedings, claims, and accountings concerning the administration of a decedent’s estate, including testamentary administration, intestate administration and testamentary trustee proceedings, as well as proceedings for the appointment of a guardian for one entitled to funds in the hands of a personal representative of a decedent’s estate, shall be filed in the Probate Division of Chancery Court. All other proceedings, including guardianships, conservatorships, and other fiduciary matters, shall be filed in the other division of the Chancery Court, known as “ Chancery Court.”
RULE 17.
PROBATE HEARINGS
The Clerk and Master shall have all of the authorization afforded to the Clerk and Master under Tenn. Code Ann. §16-16-201 (b) except that applications for fees shall be heard by the Chancellor; however, the Chancellor may, by a special order of reference, appoint the Clerk and Master to conduct hearings upon applications for fees. Counsel or unrepresented parties may have probate matters set for hearing by requesting a setting from the off ice of the Probate Division of the Chancery Court. Probate matters set for hearing before the Clerk and Master may be continued only by leave of the Court by written order.
RULE 18.
CLERK AND MASTER REPORTS
Orders of reference to the Master shall be in accordance with Rule 53 of the Tennessee Rules of Civil Procedure; provided, a transcript of the proceedings and of the evidence shall be deemed waived unless the order of reference specifically requires a transcript of the proceedings and of the evidence. Upon the expiration of the time for the filing of an exception to the Clerk and Master’s Report, the Clerk and Master shall prepare an order for entry by the Chancellor approving the Master’s Report which order shall not require the signature of the parties or the attorneys of record, but shall be mailed by the Clerk and Master to all attorneys of record and all unrepresented parties. The Clerk and Master shall affix his certificate to the order that he has mailed the order as required by this rule.
RULE 19.
JUDICIAL SALES AND TITLE OPINIONS
Upon the entry of an order, decree or judgment direction the sale of real property, the Clerk and Master shall cause to be filed a title opinion issued by an attorney whose practice includes a substantial amount of real property title examinations. The expense of the title opinion shall be taxed as a cost of the cause to be deducted and paid from the proceeds of the sale unless otherwise specifically ordered.
RULE 20.
JUDICIAL SALES: “ACCORDING TO LAW”
In the event an order, decree, or judgment of sale directs the Clerk and Master to “sell according to law,” such provision shall be deemed to mean, unless otherwise expressly provided by Court order, that the Clerk and Master shall conduct the sale in accordance with the provisions of Tenn. Code Ann. §35-5-101 et seq. with the sale to occur at the City-County Building, within the corridor of the Main Street entrance, near the Large Assembly Room , 400 Main Street, Knoxville, Tennessee, and with the sale to be for cash. Unless otherwise expressly provided by Court order, the term “cash” shall mean 10% down on the day of sale with the balance to be paid in full to the Clerk and Master within 30 days from the sale date. In the event of such a sale for cash within the above meaning, the Clerk and Master may take a note from the purchaser, without interest, payable within thirty (30) days from the date of sale, for the balance to be paid in full to the Clerk and Master within (30) days from the sale date and may retain a lien on the property sold as further security.
RULE 21.
CORPORATE PURCHASES AT JUDICIAL SALES
Unless otherwise authorized by the Court, any purchase by a corporation of property on a credit at a judicial sale shall by guaranteed by two individuals who reside within Knox County, Tennessee.
RULE 22.
LEGAL ADVICE BY COURT PERSONNEL
All Court personnel are forbidden from interpreting any rules of procedure or giving any legal advice. Notice is hereby given to all persons that Court personnel assume no responsibility for any misinformation regarding substantive law, procedural rules, local rules or local customs.
IN THE CHANCERY COURT FOR KNOX COUNT, TENNESSEE
IN THE MATTER OF:
KNOX COUNTY CHANCERY COURT RULES
ORDER
It is ordered that the Knox County Chancery Court Rules, being 22 rules in number, effective April 1, 2002 replacing all previous rules and policies of Chancery Court, are hereby adopted this date.
ENTER this 1 st day of April, 2002
___________________________________ CHANCELLOR, PART I
___________________________________ CHANCELLOR, PART II
___________________________________
CHANCELLOR, PART III
