Davidson County Circuit Court Clerk

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 central 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 the first and third Fridays of 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 12 persons in the box and 12 persons in chairs in front of the box. You will consider all 24 persons at one time. 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 24 jurors. You are not to go back and ask each juror in turn a question, except to follow up their initial statements. You will only have one opportunity to ask questions of all 24 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, unless the case will conclude in one day. They may take their notes into the jury room, but may not read from their notes to fellow jurors.

Questions of Jurors: Jurors may ask questions of a witness on the stand during the trial. To do so, a juror may write the question on a piece of paper and pass the paper to the Clerk. The Court will review the question with the attorneys. The attorneys may decide to incorporate the question in their examination or through another witness or the Court will ask the witness the question. If the question is inappropriate, the Court will explain that to the juror.

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.

Jury deliberations are done either in our jury room or in the courtroom, depending on the temperature of the jury room.

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

At this point the court does not give depositions to the jurors, unless all parties agree. However since there are full video transcripts of the trial available to the court, the court may allow the jury to watch a witness� testimony.

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.

A native of Davidson County, Judge Barbara Haynes is a graduate of Isaac Litton High School, earned a B.S. Degree from the University of Tennessee in 1959 and a J.D. from the Nashville School of Law in 1976.

Judge Haynes has been a Legal Assistant on a Congressional Staff and a partner in the law firm of Haynes and Haynes. Judge Haynes was elected to Division I of the General Sessions Court in 1982 and served there until she was elected to Third Circuit Court in 1990. From 1986 to 1994 Judge Haynes was Chair of the Tennessee Sentencing Commission and currently serves on the Juvenile Justice Reform Commission. The Tennessee Supreme Court has recently asked her to sit on the Civil Rules Committee on behalf of the trial judges.

Judge Haynes is an active member of many business, civic and professional organizations. She sits on the Board of Directors for Vanderbilt Children's Hospital and Family and Children's Services. She is married to Senator Joe M. Haynes, and they have three children and six grandchildren.

All scheduling for Third Circuit Court is done through Laurie Kelly, the Judge's Judicial Assistant. She will provide attorneys with dates for settlement conferences, status conferences, personal appointments, specially set motions and speeches. A trial date is obtained from the Assignment Clerk in the Circuit Court Clerk's office.

All matters concerning a case before Judge Haynes should be in writing, either through pleadings, memorandums or briefs. While there is no need to file a courtesy copy with Third Circuit Court, if the Judge has taken a matter under advisement and has requested a particular document, a phone call to the law clerk stating that the material has been filed is appreciated.

While telephone conferences should be used sparingly, the Judge will accommodate out-of-town lawyers when an economic burden exists. Contact Laurie Kelly for scheduling. Additionally, the Judge is accessible by telephone to resolve discovery disputes.

While the Judge prefers that attorneys appear for status conferences, they may be conducted over the telephone. Contact Laurie Kelly, who will be conducting the status conference, at least one day in advance for scheduling.

Telephone conferences with the law clerk are permitted concerning the administration but not the merits of a case. If a case is taken under advisement, the law clerk will notify the attorneys of the Judge's decision by telephone unless the Judge is drafting an opinion.

If the Judge has had a motion under advisement for more than four weeks, she requests that the attorneys either file a motion to ascertain the status of the case or call the law clerk and request status orally. Third Circuit Court is dedicated to moving cases quickly along and appreciates the help of the Bar in doing so.

Every file assigned to Third Circuit is read immediately and set for a status conference by the Court six months from the date that it is filed. All parties involved or their attorney will receive a notice of the status conference and an order in the mail.

Status conferences are conducted by Laurie Kelly, the Judicial Assistant, Monday through Thursday at either 8:00 or 8:20 in the Third Circuit Courtroom. The Court will provide the attorneys with a blank Agreed Scheduling Order that provides spaces to set dates for discovery deadlines, settlement conferences and trial.

Those that are not present are sent a copy of the order but must file a motion to amend the scheduling order if a date, set by the attorneys present, is not convenient for them.

If, for some reason, the case is not ripe for a status conference, ie: the Plaintiff has not reached maximum medical recovery or the Defendant has not been served, the attorney should call Ms. Kelly and ask that the status conference be rescheduled. She will give you a new date and send out a notice resetting the status conference.

Every continuance is considered on a case by case basis. There are no automatic continuances or extensions. A motion to continue should be filed with an affidavit by the attorney stating the specific reasons for the request of a continuance.

Judge Haynes prefers that continuances be heard on regular Friday motion dockets. However, if this is not possible, due to a pending trial date, the Judge will specially hear the motion. Obtain a date from Laurie Kelly.

Oral argument is generally allowed on all motions. However, if attorneys wish to waive oral argument by agreement and submit the motion on the briefs, they may.

If an attorney is orally arguing a motion on the Friday motion docket, he or she should state their name, the style of the case and the number as they appear on that day's docket in order for the Judge and her staff to quickly find the material on the subject case.

Judge Haynes reads all materials submitted by both parties prior to hearing. As a result, she is familiar with the facts of the case and does not need a recitation of the facts. However, she may ask questions concerning the facts that appeared ambiguous in the briefs.

The Judge appreciates Briefs and Memoranda that concisely state the facts and the law with updated citations. Please attach all Federal cases cited in Briefs and Memoranda.

On motions for summary judgment, Judge Haynes requires strict compliance with Rule 56.

Unless specially requested, please file all copies with the clerk. If the materials that you are filing need immediate attention, please report this to the clerk, and he or she will walk the filed material to chambers.

Generally, there is no need to submit a proposed order along with a motion. Once the Judge hears the motion, she will generally ask the prevailing party to submit an order.

Discovery deadlines are outlined in the Agreed Scheduling Order generally filed six months after the filing of the case. Extensions are granted only for good cause.

Discovery disputes are reviewed on a case by case basis. Judge Haynes expects a good faith effort by counsel to resolve the dispute without the Court's intervention.

Confidentiality agreements are considered based on a balance between the public's right to have access to public records and the need for confidentiality in a particular case. Confidentiality agreements are generally allowed if the agreement will facilitate settlement.

The Court will consider pretrial motions in limine on the expert's qualifications. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 113 S. Ct. 2786 (1993); Kumbo Tire Company, LTD v. Carmichael, 119 S.Ct. 1167 (1999). Be prepared to discuss both of the above mentioned cases in depth.

Davidson County is in the process of refining a system to ensure that adequate time each month is available to schedule settlement conferences. Third Circuit Court will schedule all settlement conferences for civil cases.

To schedule a settlement conference for a case that has been assigned to Third Circuit, contact Laurie Kelly, the Third Circuit scheduler, at 862-5907, and she will provide available settlement conference dates. The attorney who initially requests the settlement conference serves as the liaison between Third Circuit Court and the parties and attorneys involved in the case.

To schedule a settlement conference for a case that has been assigned to any other Circuit Court, contact Ray Akers, the ADR Case Coordinator, at 880-2554. Mr. Akers presents the requests to Judge Haynes every Monday, who then assigns them to the Circuit Courts for a settlement conference.

The Circuit Court that is assigned the case for settlement will notify the attorneys of the materials that the Court needs prior to the date of the settlement conference in order to better prepare for the conference. All materials submitted by attorneys are kept confidential and are to be delivered directly to Chambers one week prior to the date of the settlement conference.

In the event that a case does not settle, the Judge will not try the case unless both parties and their attorneys agree that she hear it. Upon an attorney's request, an order of recusal will be entered. See Davidson County Local Rule 23.

Settlement Conference Materials are materials submitted by attorneys that are not included in the file/record that enable the presiding Judge to become better acquainted with the case for settlement purposes.

Detailed materials increase the effectiveness and the successfulness of the settlement conference. For example: (1) Material organized in a notebook with tabs is easy to read and understand and affords the attorney an opportunity to present his or her client's case succinctly. (2) Other materials that are helpful to Judges may include excerpts of depositions, itemized medicals, photos, persuasive case law and amount of subrogation liens.

Materials submitted are confidential. They should be hand delivered directly to the Judge's Chambers. Materials SHOULD NOT be filed with the Clerk's office.

All parties and attorneys congregate in the courtroom prior to the settlement conference. At the beginning of the settlement conference, either a member of the Judge's staff or the Judge will provide an introduction and format for the settlement conference procedure for the day. This introduction takes place in the courtroom.

It is imperative that the Plaintiff(s) be present for an effective conference to be conducted. It is also imperative that the person or the representative of the entity controlling the money for the Defendant(s) be present.

If either the Plaintiff(s) or the individual with settlement authority for the Defendant can not be present, their attorney should notify the Court prior to the settlement conference. Judge Haynes may refuse to hold a settlement conference at all if the above mentioned parties are not present. However, exceptions may be granted when a party, due to their health or for geographical reasons, can only be available by phone.

Once the introduction is completed, the Judge meets with the Plaintiff's attorney(s) and then with the Defendant's attorney(s) in Chambers, where the procedure becomes more informal. The Judge may chose to speak with the attorney(s) concerning the following topics:

1. Pros and Cons of the case based on the materials submitted to the Court - trial strategy

2. Controlling case law and the possible ruling of potential legal issues (ie: surviving Motion for Summary Judgement)

3. Value of the case (in light of issues such as medicals, liens, subrogation interests, and recent jury verdicts in Davidson County)

After speaking with the attorneys, the Judge may request to meet with the parties in the presence of their attorneys. This is an important step in the process, especially when a client has unreasonable expectations. This also gives the Plaintiff or Defendant an opportunity to be heard by the Court and for the Judge to explain the realities of their case when taken in context with the verdicts rendered by recent juries in Davidson County.

Often, the parties and their counsel are rotated in and out of Chambers until either the case settles or the parties and attorneys reach an impasse.

All discussions are confidential unless an attorney or party gives the Judge permission to share information with the opposing party or counsel to facilitate settlement.

If a settlement is reached, an Order of Compromise and Settlement will be drafted by the Court and signed at the conclusion of the conference. This order does not state the settlement amount or particulars of the agreement but only states that the case has been settled. All parties will receive a copy of the order at the conclusion of the conference, and the original will be filed in the Clerk's office.

At the conclusion of the settlement conference, the Court requests that all attorneys, insurance adjusters, and risk managers complete an evaluation form that is provided by the Court.

All responses are anonymous and can be submitted via mail or hand delivery at any time following the settlement conference.

Judges and attorneys have found that time and money can be saved, in attorney and witness fees, in discovery and trial preparation, and in court time and juror fees.

Attorneys should always submit pretrial briefs in non-jury cases and as needed in jury cases.

A motion for injunctive relief should be well prepared and state the reasons for the injunction and the law.

Court will begin at 9:00 a.m. unless otherwise specified by the Judge. Jurors are asked to arrive at 8:30 when a breakfast is provided for them. Generally, a trial will continue as long into the afternoon or evening as the jury's and attorney's schedules will allow, taking into consideration such issues as child care and elderly care. There is no set time for lunch, which may be either 30 minutes or an hour, depending on the time schedules of the attorneys, jury and Judge. Once a jury begins to deliberate they may stay as long as they wish, and the Court, generally, will accommodate.

Judge Haynes will attempt to accommodate out-of-town parties, witnesses and attorneys. Upon request, she may allow witnesses to be heard out of order.

Judge Haynes prefers the use of motions in limine as opposed to addressing anticipated conflicts during trial. As a result, trials run more smoothly and efficiently, and jurors are not left waiting in a cramped jury room for disputes to be resolved.

Counsel should begin proceedings behind the podium but may ask for permission to approach the witness, jury or Judge. An attorney should never directly hand an exhibit to the Judge or a witness. Instead, wait for the court officer to come forward and pass the exhibit.

After the prospective jurors are randomly seated, with twelve starting in the box, Judge Haynes begins voir dire by introducing the attorneys and litigants and asking the prospective jurors if they know them and if so, in what capacity. She then asks them the following preliminary questions: (1) Have you ever sat as a juror? (2) If so, was it civil or criminal? (3) Do you understand the difference in the burdens of proof between civil and criminal cases? (4) Was serving as a juror a pleasant experience? (5) Do you have a valid Tennessee Drivers licence? (6) Do any of you have pending litigation, including workers compensation? After these preliminary questions, the Judge asks each prospective juror to stand, state their name, their profession, their spouse's name and their spouse's profession.

After the jurors have given this short history, the plaintiff's attorney and then the defendant's attorney may ask questions. This is not an opportunity to make an opening statement, and the Judge invites effective questions that will not bore the jury.

It is important for counsel to understand the effect of the Supreme Court decisions concerning strikes based on race in Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991) and Batson v. Kentucky, 476 U.S. 79 (1986).

Judge Haynes permits jurors to take notes in every case but does not provide notebooks until a juror requests to take notes. If a juror takes notes, while charging the jury, Judge Haynes gives TPI 1.03 concerning the use of juror notes.

Judge Haynes does not require that opening or closing be a specific length, but given the type of case and the proof submitted, often requests / suggests a time frame. Occasionally, she will impose limits on closing, and feels that after twenty minutes, regardless of the type of case, the attorneys lose their audience.

The use of exhibits is allowed as long as both parties agree to their use and there are no apparent evidentiary problems. Once an exhibit is used, then it may be used freely by either party.

Judge Haynes holds side bar conferences to avoid having the jury leave the courtroom, unless it is a complicated matter that would take considerable time. However, a "jury out" hearing is always conducted before a motion for directed verdict is made.

Videotaped testimony is permitted. Third Circuit has a television and VCR that is available at all times. Therefore, there is no reason to reserve one with the Clerk's office (but you must reserve an overhead projector, usually, several days in advance, with Clerk's office) . However, attorneys should become familiar with the equipment before the trial begins and provide an edited tape that can be shown to the jury.

Prior to trial, attorneys should agree in advance as to what portion of the deposition should be redacted. If this is not agreed upon prior to trial, the Judge will send the attorneys into a room to determine portions to be read. If an impasse is reached on a certain provision, only then will the Judge make a ruling.

If possible, it is better to place another attorney in the witness stand to read the answers to the attorney's questions. It makes the testimony more interesting to the jury, and they tend to pay closer attention.

There should be two copies of every exhibit; one for the Court, and one for the jury. A court officer will mark all exhibits at trial. Therefore, there is no need for pre-marking.

The Judge encourages attorneys to submit jury instructions and verdict forms prior to trial. She will take these proposals under consideration, then she will prepare the jury instructions. She will hold a charge conference after the proof and objections may be made at that time.

After the Judge charges the jury, they are taken into the jury room, and each juror is provided with their own copy of the charge.

The jurors are not given the exhibits unless they request them. Before passing the exhibits to the jury, a court officer will meet with the attorneys and go over each exhibit to ensure that an exhibit does not get to the jury that they are not allowed to review.

During jury deliberations, counsel need not remain in the Courtroom. However, they should be available on short notice and let the Court know exactly where they can be reached, if they leave the Courthouse.

Special interrogatories are submitted by the jury in writing. The Judge will read the question, then in writing, cite a provision of the jury charge in most circumstances. If the question can not be answered in this manner, she often calls the attorneys into chambers, reads the interrogatory and asks for comments.

After the foreperson reads the verdict, the Judge asks the attorneys if they would like to poll the jury.

Attorneys may interview the jurors after the verdict is read but only with their permission.

1. Cite all cases correctly. Be prepared to discuss the most recent cases on the issue. If a Judge asks you about a case that you are not familiar with, it is best to admit that you have not read the case, but would be happy to submit a supplemental brief on that issue prior to the arguing of the motion.

2. Furnish copies to the Court of unreported Tennessee decisions or cases from another state or federal jurisdiction. Bring copies of all cases you plan to use for oral argument to court to provide to the Judge, if requested, during the motion.

5. Be on time. Court opens at 9:00 a.m. sharp. If you are going to be late because you have a motion in another court, please notify the court in which you will be late by 8:00 a.m. on the day the motion is to be heard. Notify the deputy clerk as to where you can be located and an approximate time that you will be present.

6. After the Court Officer opens Court, the Judge will call for announcements. If your case is on the non-response docket or is a matter that will not take much of the Court's time, use this time to take care of your matter before the Court.

7. Before beginning argument of your motion, address the Court, state your name, and state the number that your motion appears on that day's docket. (Friday dockets are posted on bulletin boards on Tuesday.)

8. The Bench is gender neutral. Address the Bench as "Your Honor", not "Ma'am" or "Sir".

9. File motions and responses timely. See Davidson County Local Rule 26.03. See Appendix. Send courtesy copy of any Reply filed late Thursday afternoon or Friday morning to Chambers to ensure that the Judge has an adequate time to review the Reply.

10. If you plan to rely on exhibits and cases from other jurisdictions, make a table of contents and tab your exhibits.

The Court would appreciate any suggestions or changes from the Bar that would improve our system of justice.

Judge Muriel Robinson is Judge of the Fourth Circuit Court in the 20th Judicial District serving Davidson County, Tennessee. She was first elected in 1982 and is the first woman to be elected by popular vote to a court of record in Davidson County. She received her Bachelor of Laws degree from the Nashville School of Law in 1968 and her Doctor of Jurisprudence in 1971 from the same school. Before her election, she engaged in the general practice of law for 14 years in the law office of Jack Norman, Sr. Much of her practice related to different areas of domestic relations law. Judge Robinson was the first woman to serve as Presiding Judge of the 13 Trial Courts of Davidson County. In addition to her duties on the bench, she is a faculty member at the Nashville School of Law and is a licensed funeral director and co-owner of Phillips-Robinson Company Funeral Home.

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

Judge Robinson generally does not hold telephone conferences concerning pending litigation. She prefers all communication occur in open court.

Telephone conferences are allowed concerning administration and procedure, but not the merits of any litigation.

Judge Robinson 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 set the case if the same has been pending for an unreasonable length of time and will notify the attorneys of record.

The general policy of the court is that trials shall not be continued without the permission of the court.

All requests for the continuation of a trial shall be made to Judge Robinson in open court.

Motions are heard each Friday at 10:00 a.m. In order to be heard, the motion must be filed with the Circuit Court Clerk by 4:30 p.m. on the Friday preceding the hearing date.

Oral argument is not required in support of or in opposition to all motions. Briefs, responses, and affidavits may be filed. However, attorneys are required to appear before the court to offer evidence by witnesses or exhibits.

Generally, Judge Robinson requires attorneys to submit orders setting forth her rulings. All orders shall be filed with the Circuit Court Clerk within 48 hours.

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.

All confidential documents shall be filed under seal with the Circuit Court Clerk and shall remain under seal until such time as Judge Robinson decides to unseal the documents.

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.

Temporary restraining orders remain in effect until further orders of the court. TRO's concerning pending litigation may be requested through petitions or when accompanied by an affidavit.

IV. TRIAL PROCEDURE
A. Scheduling
1. Contested Cases
Trials are held Monday through Wednesday from 9:00 a.m. to 4:30 p.m. Trial dates may be set through the Judge's secretary only after the filing of a Certificate of Readiness for Trial.

Uncontested trials are held every day except Thursday at 9:00 a.m. Trial dates may be set by any of Judge Robinson's clerks. An order to set for trial must be filed with the Circuit Court Clerk no later than 7 days prior to the hearing date.

Default divorces are heard Monday through Wednesday at 9:00 a.m. Judge Robinson 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.

The court hears these matters on Thursdays at 9:00 a.m. Cases involving Child Support Services are held at 1:00 p.m. on the 20th floor of Parkway Towers. Trial dates are set by the Circuit Court Clerk.

Judge Robinson hears uncontested adoption cases at 9:00 a.m. on the first Monday of every month. Dates for hearings are set through the Circuit Court Clerk.

Judge Robinson 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 Robinson expects attorneys to be appropriately attired and to conduct themselves with proper respect. Women attorneys may appear in professional pantsuits. Attorneys may move about the courtroom as they like during examination of witnesses. Judge Robinson does not allow litigants to wear shorts, tank-tops, cut-up shirts, or sunglasses. Also, no chewing gum, food, or drinks are allowed in the courtroom. Attorneys are responsible for making their clients aware of these regulations.

Judge Robinson has no set time limits. However, she does prefer opening statements 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 court reporter.

Judge Walter C. Kurtz received his B.A. from The Citadel in 1965. He served in the United States Army from 1966-1969, including a tour in Vietnam with an armored cavalry squadron. After his Army service he attended Vanderbilt Law School, graduating with a J.D. in 1972. Judge Kurtz then served as Director of Legal Services of Nashville from 1973-1976, and as the elected Metropolitan Public Defender from 1978-1982. He has taught law at both Vanderbilt Law School and The University of Tennessee Law School.

Judge Kurtz has served continuously as a Circuit Judge since his election in 1982, and was Presiding Judge 1987-1989. During his tenure as judge, he has presided over both civil and criminal cases, including seven death penalty cases. Presently, he hears predominantly civil cases. Judge Kurtz is Chair of the Local Rules Committee.

Judge Kurtz is married to Chancellor Ellen Hobbs Lyle. He has three children, one step daughter, and eight grandchildren.

1. Trial dates for all jury and non-jury trials should be obtained from the Assignment Clerk at (615) 862-5181. All other scheduling should be done with Judge Kurtz's Judicial Assistant, Kelli Olin at (615) 862-5915.

2. Judge Kurtz requires minor settlements and workers' compensation settlements to be scheduled. These are usually held 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 after the initial filing of a jury case. These conferences are conducted by the Special Master. Each case shall be designated as either general sessions appeal, expedited, standard, or complex pursuant to Local Rule � 27.06(f).

Judge Kurtz prefers that all matters be communicated to the Court in pleadings, notices, memoranda and briefs. Letters sent to the Court will be placed in the case file.

Judge Kurtz will conduct status conferences or pre-trial conferences by telephone when the involvement of out-of-town counsel is required and the physical presence of counsel is not necessary.

Judge Kurtz will not resolve discovery disputes by telephone. Attorneys or parties must file an appropriate motion.

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

2. Judge Kurtz 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 fill in. The motion for an expedited hearing should fully explain why Local Rule �26.03(a) or (b) should be waived. If Judge Kurtz 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 by fax.

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 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 Kurtz does not call the no response docket, nor motions for summary judgment when no response has been filed. However, prior to calling the response docket, Judge Kurtz will address questions and comments about the no response docket.

To schedule a judicial settlement conference for a case that has been assigned to Fifth Circuit, contact Laurie Kelly, Assistant to Judge Barbara N. Haynes, Judge of the Third Circuit Court, at 862-5907. See Third Circuit Court Chambers Rules for more information about how Judge Haynes conducts settlement conferences.

3. Please ask permission to approach the witness, jury, or judge. An attorney should never directly hand an exhibit to the judge or a witness. Instead, wait for the court officer to come forward and pass the exhibit.

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

3. Please do not ask potential jurors the verdict rendered in other cases on which they have served.

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

5. You may use your challenges against any juror until your challenges are exhausted.

Jurors are welcome to take notes during trials. Pen and paper are provided by the Court when needed. The jurors are allowed to take their notes with them into the jury room once deliberation starts.

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. If a court reporter is present for a jury trial he or she shall mark/label all trial exhibits unless counsel have agreed beforehand on pre-labeling of the exhibits. Counsel may label non-jury trial exhibits or the Court will mark them as they are admitted.

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.

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 Kurtz 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 Kurtz's law clerk as soon as practicable during a trial.

2. In complex cases, a charge conference will be held in chambers to discuss the instructions and verdict form. Such conferences are held off the record, however counsel will be given an opportunity to make objections on the record.

3. In all cases a copy of the jury instructions is provided for each juror to follow along as Judge Kurtz reads them. Each juror is then allowed to bring their copy of the instructions back into the jury deliberation room.

1. 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 Kurtz. Judge Kurtz will meet 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 Kurtz will take up the request with counsel.

5. After the verdict has been announced by the foreperson, the jury will be polled at the request of counsel.

6. After the jury has announced its verdict and court has recessed, Judge Kurtz speaks with the jurors and answers their questions to the extent that is 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 will be stricken. If a non-movant is not present without having notified the Court, the motion will 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 in his second two year term as Presiding Judge for the Twentieth Judicial District, serving from 1991-1993 and 2003-2005, and has been Assigment Judge from 1990 to present. He 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, he 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.

He 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.

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.

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.

B. Continuances and Extensions

1. General Policy

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

2. Requests

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.

C. Pretrial Motions

1. Motions for Summary Judgment

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

2. Motions, Responses, Replies and Briefs

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.

1. Discovery Period and Extensions

The parties may extend discovery deadlines by agreement.

2. Discovery Responses

Judge Kennedy holds litigants at trial to the responses made in discovery.

3. Resolution of Discovery Disputes

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.

G. Mediation

Judge Kennedy is a strong advocate of voluntary mediation.

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.

H. Temporary Restraining Orders

1. Filing

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.

2. Requirements

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.

IV. Trial Procedure

A. Scheduling

See "Revised Pre-trial Schedule" (Appendix III).

B. Courtroom Decorum

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.

C. Voir Dire

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.

D. Note Taking By Jurors

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.

E. Opening Statements

1. Length

Judge Kennedy expects opening statements to be relatively brief.

G. Deposition Reading

Deposition reading is allowed; two readers are encouraged.

H. Exhibits

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.

I. Motions for Judgement as a Matter of Law

These are heard on Friday morning Motion Docket.

J. Proposed Jury Instructions and Verdict Forms

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.

K. Proposed Findings of Fact and Conclusions of Law

They are provided when requested.

M. Jury Deliberation

1. Copy of Instructions

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.

2. Access of Exhibits

All exhibits are provided to the jury during deliberation.

3. Access to Transcript of Testimony or Videotaped Testimony

Not available at this time.

4. Availability of Counsel

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.

5. Taking the Verdict and Special Interrogatories

Special interrogatories are used when appropriate.

6. Polling the Jury

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

7. Interviewing the Jury

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.

A. General Flow of Cases

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.

B. Status Conferences

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

C. Office Decorum

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.

D. Local Rules of Court, Davidson County Rule 39 et seq

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).

E. Show Cause Hearings and Accounting Reviews

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.

F. Bond

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 of 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. An acceptable form for a freeze agreement is attached as (Appendix IV).

G. Name Changes

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.

H. Sample Probate Petition

Please find a sample probate petition at (Appendix VI).

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 born on June 29, 19?? (she�s not telling), in Ashland, Kentucky. She received her undergraduate degree from Peabody/Vanderbilt, 1974, and a Doctor of Jurisprudence Degree from Nashville School of Law, 1979. 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 and continued this practice until she took the bench September 1, 1998. She is a member of the Tennessee Bar Association, Nashville Bar Association, LAW, Goodlettsville Chamber of Commerce and a member of Tennessee Commission on Children and Youth.

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 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 she will hold such a conference.

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

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 set the case if the same has been pending for an unreasonable length of time and will notify the attorneys of record.

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. Only upon good cause will the continuance be granted.

Motions are heard every other Friday at 9:00 a.m. In order to be heard, the motion must be filed with the Circuit Court Clerk by 4:30 p.m. on the Friday preceding the hearing date. Motions for default are set in the same manner. Motions shall conform to T.R.C.P. 7.03. A memorandum of law shall be submitted as needed to decide issues.

Generally, Judge Soloman requires attorneys to submit orders setting forth her rulings. All orders shall be filed with the Circuit Court Clerk within 72 hours. If an order is over 30 days from the time of hearing, the Court will 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.

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 does not require pretrial briefs, but they are appreciated in complex cases.

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.

Trials are held Monday and Tuesday from 9:00 a.m. to 4:30 p.m. or later. Trial dates may be set through the Judge�s secretary only after the filing of a Certificate of Readiness for Trial.

a. Both parties must have completed the parenting seminar
b. Mediation
c. The on-line survey �up to parents.org�
d. Certificate of Readiness

Then and only then do you call the Judge�s Clerk for a contested trial date and make sure you have the docket number in front of you.

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. If there are no attorneys of record, a Motion to Set must be filed and heard. An order to set for trial must be filed with the Circuit Court Clerk no later than 7 days prior to the hearing date.

Default divorces are heard Monday and Tuesday at 9:00 a.m. 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.

The court hears these matters on Wednesdays at 9:00 a.m. Cases involving Child Support Services are held at 1:00 p.m. Trial dates are set by the Circuit Court Clerk.

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 expects attorneys to be appropriately attired and to conduct themselves with proper respect. Women attorneys may appear in professional pantsuits. Attorneys may not approach the witness nor the Judge. 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 below the waistline. Also, no chewing gum, food, or drinks are allowed in the courtroom. Attorneys are responsible for making their clients aware of these regulations.

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 court reporter.

1. Proposed Property and Debt Division
2. Income and Expense Statement
3. Parenting Plan
4. Child Support Worksheet

Judge Soloman does not require court reporters in contested trials. However, there will not be a record, if you do not provide one.

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, essentially, wears three hats:
1. Substitute Judge
2. Special Judge
3. Special Master

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.

Eighth Circuit: Contact Penny Hubbell, administrative assistant to Judge Soloman, at 880-2591, to change the date IF IT IS THE FIRST CONFERENCE ONLY. Any follow up conferences should be rescheduled directly with the special master. Please place a signature line for Judge Soloman 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 l995, 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.

1. Pre-Trial Conference. Pursuant to Rule 16, a pre-trial conference is scheduled for

____________________.

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:

(a) to exchange names, addresses and phone numbers of witnesses, including anticipated impeachment or rebuttal witnesses; and

(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.

appointed for the above referenced respondent, and __________________, depositing

agent for _______________________, financial institution, in which certain funds of the

above respondnent in the amount of $____________ are to be held on deposit, do hereby

mutually agree and state to this Court that these funds will not be withdrawn without court

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. Petition

Chamber Rules and Practice and Procedure Manual of the Judges and Chancellors of the Davidson County Circuit, Chancery, And Criminal Courts

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