MOTIONS
Setting or Striking Motions via the Internet is now available. Follow the steps below.
Rules for the Circuit Court of Tennessee
For the Thirtieth Judicial District At Memphis, Shelby County
- Rule Five – Motions Generally
- Rule Six – Motion for Summary Judgment and to Dismiss
- Rule Seven – Motion for New Trial
How to Set or Strike a Motion
(Some documents require a PDF Reader)
- INSTRUCTIONS:
-
Motions may be set on-line 24 hours a day, 7 days a week. However, only those motions submitted by the close of business on the preceding Friday by 4:30 p.m. shall be heard the following week. If you miss the 4:30 p.m. deadline, you should request that your motion be set for the next available motion date. Keep the deadline in mind when setting motions.
- NOTE: Motions can only be set 1 week in advance.
- STEP 1: Click on the appropriate “tab” above to review each Judge’s Preferences.
- STEP 2: Know the Case ID & Court Division. (Search Case ID's using Courtconnect)
- STEP 3: Review Exclusion Dates when Motions WILL NOT be heard.
- STEP 4: Review the current Motion Calendar to:
- View Special Changes for each Division.
- View current list of motions to be heard.
- Print (optional)
- STEP 5: Complete the Motion Form – Set or Strike
- Once completed, the Form will be emailed to the appropriate Division Clerk or a Court
designee for setting.
- An “auto-reply” email will be returned to the sender.
- The Clerk will review the request and set the motion or respond via email for needed corrections
- Once set, the case will be listed on the Motion Calendar
- NOTE:
- Submitted Motion Setting Requests will be reviewed by the Division Courtroom Clerk or designee, within 24 hours (normal business days M-F).
- For Incomplete Requests, the Division Courtroom Clerk or designee will reply via email or phone to the "For Attorney".
- Successfully Submitted Requests will appear on the Motion Calendar
UNCONTESTED DIVORCE
UNCONTESTED DIVORCE PROCEDURES ARE UNDER DEVELOPMENT
DIVISION ONE
HONORABLE JOHN R. MCCARROLL
Email Division One Clerk
SPECIAL SETTINGS
Pretrial and post trial domestic matters which are usually heard at 10:00 a.m on Friday may be scheduled on Monday, Tuesday, or Thursday at 9:00 a.m. with the understanding that unless there are no cases ready for trial on the regular Monday, Tuesday, or Thursday 10:00 o’clock docket, we can only devote one hour to the matter. Pretrial and post trial domestic matters to be scheduled on Monday, Tuesday, or Thursday at 9:00 a.m. may be set by the Division One Courtroom Clerk.
Motions which would normally be heard at 9:00 o’clock a.m. on Friday may be scheduled on Monday, Tuesday, or Thursday at 9:00 a.m. but may be set by Judge McCarroll only. Motions which may be heard at this time include, but are not necessarily limited to, the more complex discovery disputes, dispositive motions, and motions in limine which will take more than ten or fifteen minutes to argue. Again, please remember that unless there are no cases ready for trial on the regular Monday, Tuesday, or Thursday 10:00 o’clock docket, we can only devote one hour to the matter.
The above will not take the place of the regular calendar of motions heard on Friday morning at 9:00 a.m. and 10:00 a.m. It likewise will not affect the regular 10:00 calendar which will be called on Monday through Thursday. It is intended to supplement existing procedures, not replace them.
If there are no special settings scheduled on Monday, Tuesday, or Thursday at 9:00 a.m., Court will open at 10:00 a.m.
DIVISION THREE
HONORABLE KAREN WILLIAMS
Email Division Three Clerk
Beginning with the January 6, 2010, Uncontested Divorce Settings--Division 3 will be setting our own Uncontested Divorces.
Uncontested Divorces for Division 3 may be set for 2010 by:
1. Seeing the Division 3 Courtroom Clerk directly.
2. E-mailing the Division 3 Courtroom Clerk.
3. Calling the Division 3 Courtroom Clerk.
DIVISION FOUR
HONORABLE LORRIE K. RIDDER
Email Division Four Clerk
MOTIONS
Local Rule 5(e) requires that: Counsel shall see that a copy of all briefs and memoranda are delivered to the judge in chambers or to that judge’s courtroom clerk, who will deliver the same to the judge, before they are argued, so that the judge will have an opportunity to read them before the hearing. Filing of papers with the clerk, only, may result in the judge not seeing them.
Failure to follow the requirements of Rule 5(e) will result in your motion being removed from the docket for hearing that week. Copies of responses to motions should also be delivered in accordance with Rule 5(e). Counsel are encouraged to deliver copies of all materials as early as possible so that the judge may consider them.
DIVISION FIVE
HONORABLE KAY ROBILIO
Email Division Five Clerk
MOTIONS
All dispositive motions must be heard at least TEN DAYS before trial. We will not hear motions the day of trial. Dispositive motions will NOT BE HEARD if the Court does not receive a courtesy copy of memoranda from each participating party within the time period required by the T.R.C.P.
DOMESTIC MATTERS
The Court will hear domestic matters on the Wednesday morning calendar at 9:30 A.M. Contact the Division Five Courtroom Clerk for regular or special hearing dates, or rulings from the Court.
UNDER ADVISEMENT
Contact the Court or Division Five Courtroom Clerk if no ruling WITHIN TEN (10) WORKING DAYS.
DIVISION SEVEN
HONORABLE DONNA FIELDS
Email Division Seven Clerk
MOTIONS
Summary Judgments - T.R.C.P. 56.04 - Motion and proceedings thereon. The motion SHALL be served at least thirty (30) days before the time fixed for the hearing. The adverse party may serve and file opposing affidavits NO later than ten (10) days prior to the hearing.
Dispositive motions will NOT BE HEARD if the Court does not receive a courtesy copy of the motion and memoranda from each participating party within the time period required by the T.R.C.P.
DOMESTIC MATTERS
The Court will NOT entertain domestic relations arguments if they are not properly on the calendar for that particular Friday morning.
To set domestic matters on the Friday "Ten o'clock" calendar, use the Division Seven clipboard (located in the main Clerk's office, Room 224) to schedule matters. Only one (1) custody matter is allowed per Friday. This calendar is also used for Writs of Inquiry.
TRIAL SETTINGS
Pursuant to Rule 4 (C) (2) of the Local Rules, case settings will be done via a “Readiness Certificate”, which can be found on the Circuit Court Clerk’s Office website on the Forms and Documents page. The certificate will be filled out and sent to the courtroom clerk of the specific division.
You may send the certificate by hand-delivery, regular mail, e-mail (james.long@shelbycountytn.gov) or fax (901-545-5659). This certificate will verify that the case is ready for trial and the attorneys will be available when the Court sets the case. Any attorney or party may file an objection to the trial setting within ten (10) days of the filing of the Readiness Certificate. Either party may file a motion to dispose of the objection to setting the case for trial.
After the ten (10) day period has passed, if there is no objection, the courtroom clerk will set the case for trial and notify the attorneys of said date.
Pursuant to Rule 4 (C) (3) of the Local Rules, in addition to the above, attorneys or pro se litigants may approach the Court to request a trial date.
DIVISION NINE
HONORABLE ROBERT L. CHILDERS
Email Division Nine Clerk
Division Nine will hear status conferences, reports, pre-trial conferences, writs of inquiry, and post-divorce matters on Mondays at 9:15am., immediately after uncontested divorces, or on Tuesdays, Wednesdays or Thursdays at 9:00 a.m during jury and non-jury terms.
All Jury trial dates are requested through our readiness certificate which can be obtained from the Division IX clerk, Carlyse Nevels. The procedure is to fill the readiness certificate out, file it with the clerk of Division IX, notify the opposing counsel making them aware of your reques t. The opposing counsel has 10 days from the filing of the certificate to notify the clerk if they are not ready to go forward, place it on our motion docket for the Judge to make a decision about a trial setting . After 10 days the Divison IX clerk will send out a court date setting the case for trial. Division IX does not have a jury call. A status conference will be held for those Jury cases that have not filed a readiness certificate. A Readiness Certificate will be enclosed in your "jury call/status conference" notice with instructions regarding the dates of the Jury term. The Readiness Certificate must be filed and given to the Division IX clerk on or before the date provided in the letter . Appearance at the Status Conference is mandatory for those who have not filed a Readiness Certificate by that date. Status conference appearances by telephone or email are not acceptable.
ALL REQUESTS FOR CONTINUANCES ARE TO BE BROUGHT BEFORE JUDGE CHILDERS.
A current list of days that motions will not be heard can be found on the bulletin board located between division 9 and division 2. This information is also on the voice mail of the division IX clerk along with the dates the Judge will be off the bench....
PRE-TRIAL CONFERENCES WILL BE SCHEDULED BY THE DIVSION NINE COURTROOM CLERK on Medical Malpractice, Product liability AND Wrongful Death CASES AT LEAST 30 DAYS PRIOR TO THE COURT DATE. YOU WILL RECEIVE A NOTICE IN THE MAIL ALONG WITH THE REQUIREMENTS FOR THE PRE-TRIAL CONFERENCE.
JUDICIAL Settlement CONFERENCES: The Division IX Clerk will notify the attorneys involved in the case by mail of the date of the Judicial Settlement Conference and any submissions required by the judge.
