Circuit Court - Local Rules

  
RULE THIRTEEN. DOMESTIC RELATIONS MOTIONS BEFORE A DIVORCE REFEREE

       (a) All domestic relations motions before or after divorce except those excluded by this Rule, shall first be heard by the Divorce Referee. To accomplish this, an order of reference shall be entered by the court.

A Divorce Referee's motion docket for such motions will be maintained in the Circuit Court Clerk's office separate and apart from the motion dockets of the several divisions of the Circuit Court.  Motions will be on a form provided by the clerk and kept in a loose leaf binder.

       (b) Motions will be heard eight (8) days after notice in accordance with T.R.C.P. Rules 6.04, 6.05, and 6.01 and will be heard each week on Tuesday, Wednesday, and Thursday, at 1:00 p.m. as set by the clerk. When a motion is stricken it must be refiled; however, upon application, motions can be reset for a date no later than the Thursday of the succeeding week.

       (c) Motions shall not be placed on the docket until the defendant has been served with original process. Such motions shall not be mailed to the clerk.

       (d) All domestic relations motions, except matters affecting child custody, visitation rights, contempt matters, possession of property and injunctions, will be heard and decided by the Referee or Deputy Referee, and the ruling will be noted on the blotter to be maintained by the Referee. At all hearings before the Referee, an affidavit of income and expenses shall be furnished by each party, showing deductions from income for taxes and social security.

       (e) Orders confirming the ruling of the Referee shall be submitted to the court to which the case is assigned within seven (7) days of the Referee's ruling as provided by Rule Ten.

       (f) Either party may have the motion heard by the judge on appeal. Appeals for a rehearing must be made by written motion within (10) days of the Referee's ruling, regardless of the date of the court's order affirming that ruling, provided, however, that no appeal shall be heard until the court's order has been entered. The appeal shall be heard at a time designated by the court to which the case is assigned.

However, the court's order on the Referee's ruling will be in effect and enforceable pending appeal.

       (g) In the event application is made to the court for modification of an order or final decree of alimony and child support and a hearing is granted upon same, it shall be referred to the Referee for a finding. If no appeal from said finding is made within (10) days as provided herein above, the finding of the Referee shall become final.

[Effective July 1, 1995.]

RULE FOURTEEN:  DOMESTIC RELATIONS CASES

A. Irreconcilable Differences Procedure.

       (1) At the hearing of the irreconcilable differences cases, the plaintiff shall be required to satisfy jurisdictional requirements by sworn testimony. Sworn testimony shall be required also to establish that the written agreement provides "adequate and sufficient provision for the custody and maintenance of any children of the marriage and for the equitable settlement of the property rights between the parties." The
above language of the statute should be used in the decree. Child support should be expressed in dollars and cents and not in percentages.

       (2) The written agreement may be incorporated in the final decree verbatim or by reference in the discretion of the court.

B. Uncontested Divorces.

        (1) All suits for divorce in which the parties are agreed that the case is ready and will be tried uncontested or in which the time for answer has expired and the defendant has not appeared or answered shall be set and heard in accordance with this Rule.

       (2) In divorce cases in which no responsive pleading has been filed, motion for judgment by default under T.R.C.P. 55 shall be made. Such order must also contain a certificate of service on the defendant or cross-defendant as required by T.R.C.P. 58.02. Unless there is no last known address, this certificate shall show that the copy was sent to that last known address, setting forth the address. If there is no known last address, the certificate shall specifically so state. Such order when left for the court's action will be signed as "approved" by the attorney making such application. Provided, however, that it shall remain the responsibility of counsel to see that the order has actually been signed by the Judge and filed by the clerk when signed.

       (3) Divorces based on irreconcilable differences cannot be heard until sixty (60) days or ninety (90) days have elapsed since filing of the complaint in accordance with T.C.A. § 36-4-103.

       (4) Unless otherwise required by law, default judgment in advance of trial is not required in irreconcilable differences divorces, but notice of the divorce hearing shall be given to the opposing party.  Divorces on other grounds will not be heard until thirty (30) days after default judgment has been taken or thirty (30) days after an answer has been filed. Settings on uncontested cases may be obtained by plaintiff or cross-plaintiff's attorney from the office of the Circuit Court Clerk. Such cases will be set at 9:00 a.m. on Wednesday mornings. Whenever an attorney has represented the defendant or cross-defendant at any stage of the proceeding, attorney for plaintiff or cross-plaintiff shall give him five (5) days written notice of the date and time of the hearing.

C. Sworn Statement Pertaining to Child Custody, Child Support or Alimony.

        (1) In all contested divorces or suits for separate maintenance, where no marital dissolution agreement or property settlement is mutually agreed upon, each party shall file with the clerk within 90 days after an answer is filed, or 120 days after suit is filed (whichever is sooner), a sworn statement setting forth his or her income, a list of expenses, and a description and valuation of real or personal property possessed in any form, the state of its title, and his or her claimed interest in such property. Said sworn statement shall also include, if known, or if the information is reasonably procurable, the income and property interest of the opposing party, both real and personal, and the valuation thereof. Any changes in said statement shall be made as soon as possible, and not later than ten (10) days before the trial, unless circumstances beyond a party's control are shown.

       (2) The statement shall set forth separately the amount deducted from salary for social security and income tax. Self-employed persons shall estimate these sums, using governmental guidelines and such other reliable sources as are available.  At all hearings before the Divorce Referee under Rule Thirteen, the same statement of monthly income and expenses shall be furnished by each party.  Counsel for both parties shall furnish opposing counsel a copy of the aforesaid required statements at the time of filing.

       (3) In all custody proceedings the sworn statements required by T.C.A. § 36-6-210 must also be contained in the pleadings or in an affidavit attached to the pleading. (FN*)

D. Contested Divorces. Before trial of any contested divorce begins, counsel shall hand to the court a memorandum including the following:
 
       (1) Certification that the party's Rule Fourteen (C) affidavit of income and expenses is in the file.

       (2) Whether the client wishes a divorce, legal separation, to remain married, or to allow the other spouse to obtain one of the foregoing.

       (3) Whether grounds can be stipulated to avoid proof. T.C.A. § 36-4-129.

       (4) The names and ages of any children of the parties.

       (5) The names of the children whose custody is sought.

       (6) The nature of the visitation sought: (e.g. "reasonable" or specific). If specific, the details thereof.

       (7) The amount of child support sought.

       (8) Proposed disposition of the home.

       (9) Fair market value of home and amount of mortgage.

       (10) Proposed disposition of any other real property and their values.

       (11) Proposed division of debts.

       (12) Specific items of personalty sought, and their values.

       (13) The amount and type of alimony sought (in solido, etc.).

       (14) The amount of attorney's fee sought.

       (15) Certification that the above written proposals were submitted to opposing counsel at least 24 hours before the trial.

E. Modification of Decrees. Counsel seeking a modification of any divorce decree shall present to the Judge in whose court said cause is pending a sworn petition setting forth the circumstances and conditions of the parties relied upon, and the Judge thereupon shall set a day certain for hearing of such petition. Those matters regarding modification of decrees regarding support in domestic relations matters shall be heard as provided in Rule Thirteen.