Knox County Tennesee

Juvenile Court

Juvenile Court Costs Court costs, fees, and fines are due and payable on the day of the court hearing.

Local Rules

Introduction
Pursuant to the authority vested in the Judge of the Juvenile Court for Knox County, Tennessee, by T.C.A. 37-1-101 et seq., and the Rules of Juvenile Procedure and the inherent power of the Court, the following rules are hereby adopted and shall be entered on the minutes of the Court. Every person appearing in this Court is charged with the knowledge of these rules.

Rule 1. SCOPE AND PURPOSE
These rules and the Tennessee Rules of Juvenile Procedure, shall govern the practice and procedure in the Juvenile Court of Knox County, Tennessee. They are intended to provide for the speedy and just determination of every proceeding, and in Juvenile proceeding they shall at all times be enforced and construed beneficially for the remedial purpose embraced in Title 37 of the Tennessee Code Annotated. In the event of any conflict, the Tennessee Rules of Juvenile Procedure shall prevail.

Rule 2. COURTROOM DECORUM
All persons in the courtroom will stand while the Court is being opened and also while the Court is being adjourned. There will be no smoking or chewing of gum in the courtroom, and all lawyers and Court attendants will be appropriately dressed while in Court attendance. The Bailiff in attendance upon Court will be charged with the responsibility of requiring compliance with these standards of courtroom conduct and deportment.

Rule 3.OPENING AND ADJOURNMENT OF COURT
Upon the Judge or Referee entering the courtroom, preparatory to the formal opening of Court, the Bailiff will call the courtroom to order, directing all in attendance upon the Court to stand and will open Court in substantially the manner following:

"The Honorable Juvenile Court of Knox County is now open for the transaction of business pursuant to adjournment, the Honorable ____________ presiding." Thereupon the Judge or Referee will take his seat upon the bench and those in the courtroom will be seated. Upon the Court instructing the Bailiff to adjourn Court for the day, the Bailiff will direct all in attendance upon the Court to stand, as will the judge, and will adjourn Court in substantially the manner following: "This Court now stands adjourned until tomorrow morning at _______________ o'clock. (or until a certain day.)

Rule 4. OFFICE HOURS
The Office of the Clerk of Court shall be open for the regular transaction of business from 8:00 a.m. until 4:30 p.m. except on nonjudicial days.

Rule 5. SESSIONS
Subject to such variations as the presiding Judge may find necessary or convenient, there will be a session of Court daily except nonjudicial days. Court hours are from 9:00 a.m. until the docket is concluded. There will be no recess for lunch except as directed by the court.

Rule 6. ATTORNEYS
All attorney's licensed to practice law in Tennessee shall be allowed to appear in any matter coming before the Court. It is the responsibility of the attorney representing the party to bring it to the Court's attention as soon as practical to be made a part of Court record. In accordance to Rule 19 of Tennessee Rules of Juvenile Procedure, an attorney of record who wishes to terminate their representation may do so only by permission of the Court.

Rule 7. PLEADINGS
All petitions, answers, orders, briefs, or other legal documents filed or presented to this Court shall be typewritten on forms provided by the Court or typewritten on legal sized (8 ½" x 14") paper, opaque and unglazed. Two copies of every pleading shall be filed in all causes, one of the same to be marked "duplicate." Such pleadings must be filed with the Clerk of the Court, and it shall be the duty of the Clerk of Court to indicate on each copy the date and time of filing. Form petitions which meet the requirements of law are provided by the Court for every type of proceeding within the jurisdiction of the Court, and Court personnel shall appropriately assist as necessary in the preparation of petitions.

Rule 8. INITIATION OF CASES AND INTAKE PROCEEDINGS
Intake proceedings shall follow the rules and regulations set forth in the Probation Officer's Administrative Manual on file in the office of the Chief Probation Officer and shall be available to all parties and their representatives or counsel. The administrative rules of the probation officers cover initiation concerning delinquent, unruly, dependent, and neglect and abuse cases. The Probation Officer's Administrative Manual on file has been approved and adopted by the Court and is incorporated herein by reference.

Rule 9.SCHEDULING OF HEARINGS AND CONTINUANCES
Hearings shall be scheduled by the Court's docket clerk within the time-frames set forth in the statutes and rules. The hearings shall be set as soon as possible with the concurrence of the child's probation officer.

All Motions for continuance shall be made as soon as practical before the trial date and must be approved by the Court. Agreed upon continuances shall be by Order signed by counsel for all parties and shall specify a new trial date, said date, to be in accordance with the docket clerk. It is the party's responsibility requesting the continuance to notify all parties and witnesses subpoenaed of the continuance and of the reset Court date.

Rule 10 .SERVICE OF PROCESS
All subpoenas shall be typed or printed on forms by the Court and submitted to the court officer assigned to the case, or to the Clerk of Court as diligently as possible, but not later than five(5) days, excluding nonjudicial days, before the scheduled date of trial. A party to a proceeding who is not represented by an attorney may simply furnish to the assigned court officer a list of names and addresses of the witnesses to be subpoenaed, and it shall be the responsibility of that officer to cause subpoenas to be issued in accordance with this rule.

Rule 11. DISCOVERY
Neither the Rules of Civil Procedure nor the Rules of Criminal Procedure containing the discovery are applicable in Juvenile Court proceedings. The Court shall however, allow limited discovery within the framework of the above Rules upon written Motion by each party by timely filing and upon good cause shown. Any party may object to discovery by filing a written response promptly after the filing of the Motion for Discovery. Failure to respond to the Motion for Discovery shall be considered consent to such Motion. The party, prior to filing a Motion for Discovery, shall exhaust all efforts to come to an agreement for the discovery and shall have so certified to the Court in the Motion of Discovery.

Discovery may be allowed under such terms and conditions, as the Court shall prescribe. Costs of discovery shall be upon the party making Motion and the results of the discover shall be filed with the Court by 4:30 p.m., two (2) days prior to the hearing in the matter. These rules of discovery shall not pertain to confidential information as set forth by statute.

Rule 12 .PRETRIAL MOTIONS
All pretrial Motions shall be in writing and must be filed with the Court and served on opposing counsel or party by 4:30 p.m., two (2) days before the hearing in the matter. In cases involving more than one (1) party or involving Guardian Ad Litems, service shall be had on those persons in the same deadline.

Rule 13 .CONDUCT OF TRIALS
Proceedings in the Court may be private hearings except those cases where the public is allowed by statute. In the discretion of the Court, the general public may be excluded from any juvenile or paternity proceeding and only those persons having a direct interest in the case may be admitted. In juvenile proceedings a parent or guardian must be present at every adjudicatory hearing unless excused by the Court in writing or on the record. The Court will appoint a Guardian Ad Litem to act in behalf of a child in determining the interests of a child at any stage of the proceedings when the child is without parent or guardian, or when it appears to the Court that the interests of the child so require.

Rule 14. ERROR AND EXCEPTIONS
Any error, defect, irregularity of variance which does not affect substantial right shall be disregarded. Exceptions to the rulings of the Court are unnecessary. If a party makes no objection to a ruling or order, absence of an objection does not in itself prejudice him thereafter.

Rule 15. ORDERS AND DECREES
Unless specifically directed to do so by the Court, attorneys are not required to prepare and submit orders and decrees. Such orders and decrees are prepared by a clerk who records the orders at the time given in Court. Any party wishing to prepare and submit an order for approval may simply inform the Court of that intention. Such orders must be submitted to the Court for approval and entry no later than the seventh (7th) day following the decision. It shall be signed by all parties or their attorneys or certified as per Rule 58.02 T.R.C.P

Rule 16. PETITIONS FOR REHEARING
If a rehearing of any decision is sought, a petition for rehearing must be filed with the Clerk of Court within ten (10) days after the entry of the decree or judgment. Upon good cause shown, the Court may extend time limits specified in these rules except those time limits that are statutory. Before being presented to the Court, copies of petitions for rehearing, with any brief in support thereof, must be furnished to adversary counsel, who will be accorded five (5) days within which to answer. Such petitions for rehearing and answers shall be filed and delivered by respective counsel promptly thereafter to the Court without argument. If the Court desires to hear oral argument, counsel will be so notified.

Rule 17. REHEARING OF MATTERS HEARD BY REFEREE
The Judge may, on his own Motion, order a rehearing of any matter heard by a Referee. Any party may, within five (5) days after the date of the hearing before the Referee, excluding nonjudicial days, file a request for and be allowed a hearing before the presiding judge. Provided, however, that a rehearing will not be allowed in any delinquency or unruly cases in which the Referee recommends dismissal after a hearing on the merits. The recommendation of the Referee, in all matters before the Court, shall be decree of the Court pending a rehearing.

Rule 18. APPEALS
An appeal of the Court's disposition of a child in any case, whether the allegations of the petition are admitted or denied, may be perfected by filing notice of appeal on a form provided by the Court within ten (10) days, excluding nonjudicial day, of the final order of disposition. The appeal period shall commence the day after the order of disposition is entered. Provided, however, that if a rehearing of a matter heard by a Referee is not requested or provided on the Court's own motion, the parties shall be allowed fifteen (15) days, excluding nonjudicial days, from the date of the recommendation of the Referee in which to perfect an appeal. All appeals from any disposition of a child except transfer of a juvenile to Criminal Court to be dealt with as an adult shall be to the Circuit Court. An appeal shall not operate as a stay, and the order of this Court shall remain in effect until or unless the Circuit Court enters an order to the contrary. Appeal of any final judgment entered in Juvenile Court except the disposition of a child shall be as provided in the Tennessee Rules of Appellate Procedure.

Rule 19.PRETRIAL DIVERSIONS AND POST-TRIAL PROBATION PLANS
All pretrial diversions and post-trial probation plans shall be in writing and on file with the Court. The plan shall conform to the guidelines set out in the Probation Officer's Administrative Manual on file in the office of the Chief Probation Officer. The plans shall be signed by the child, the parents, guardian, by the child's counsel and by the child's probation officer. Each plan signed shall be subject to the Court's approval.

Rule 20. DETENTION
Rules for the detention both pretrial and post-trial are contained in the East Tennessee Regional Detention Center's Administrative Manual and are available to all parties and their representatives before the Court. Those rules outlined in the Manual regarding the rights of the juvenile, his parent, guardian and representatives as to intervening, visiting, questioning and other need for access to the child in detention have been approved and adopted by the Court and are incorporated herein by reference.

Rule 21. PATERNITY, LEGITIMATION AND GUARDIANSHIPS
In paternity cases, requests for blood tests and jury trial, shall be contained in the plaintiff's petition or in the defendant's answer. If a jury demand is not made in the answer it shall be made at the first and earliest opportunity thereafter. In those cases transferred to the Circuit Court for trial by jury, the moving party shall file with the Circuit Court a surety bond to cover costs of the jury trial.

In legitimation cases, the mother shall be a co-petitioner or shall be served with process prior to hearing in the matter.

Parents and/or stepparents shall be co-petitioners in guardianship cases or shall be served with process.

Rule 22. MARRIAGE LICENSE WAIVER
The Court may grant judicial consent to the removal of the time and/or age requirement of the marriage license pursuant to T.C.A. 36-3-107. Before approval is granted, the following conditions shall be met by the parties:

The minor party shall be over fifteen (15) years of age and have a copy of his or her birth certificate and a doctor's statement of pregnancy for a female or her infant child's birth certificate. The adult must have proof of age by valid driver's license, birth certificate or voter's registration card. A copy of blood test results is also needed. If the minor's parents are consenting, their presence is necessary and if divorced, the custodial parent's presence and proof of custody is necessary. If the custodial parent objects to the marriage, a three (3) days notice will be given such parent to appear before the Court to show cause why said waiver should not be allowed. If the child is in the custody of a state agency, child's counselor and said state agency shall be given notice and an opportunity to express their position to the Court. All requests for a marriage license waiver shall be made to the dependency and neglect counselors. It is the sole discretion of the Court to approve or deny waiver.

Judge Tim Irwin