| Other Rules | | Site Intro |

LOCAL RULES OF PRACTICE IN THE CRIMINAL COURT HAMILTON COUNTY

Effective July 30, 1976

Including Amendments Received Through July 1, 1996



Table of Rules

ISchedule of Trials and Hearings
II Trials and Hearings and Attendance at Same
III Witnesses
IV Courtroom and Conduct in Court
V Attorneys
VI Filing and Service of Pleading and Motions
VII Preparation and Dissemination of Orders
VIII Appeal and Bill Exceptions
IX Allocation of Cases
X Grand Jury
XI Bail Bond, Forfeitures and Relief
XII Articles of Evidence
XIII Court Files
XIV Taxing Costs in Cases of Multiple Defendants
XV News Media Coverage



To Top

RULE I - SCHEDULE OF TRIALS AND HEARINGS
  1. A. Jury Trial Schedule. Jury Trials will be held Tuesdays through Fridays as assigned at 9:00 A.M. in Division I and Division III and at 9:15 A.M. in Division II.

  2. B. Non-Jury Schedule. Arraignment and the hearings of Motions, Petitions, and pretrial pleas filed by 4:00 P.M. the prior Tuesday will be on Mondays according to the following schedules:
    1. 1 In the First Division.
      1. a. Arraignment. The hearing of the Arraignment Docket will be at 9:00 A.M. each Monday.
      2. b. Motions, etc. Motions, etc.,. will be heard at 10:00 A.M.
      3. c. Suspended Sentence. Petitions for Suspension of Sentence will be heard at 2:00 P.M. each Monday.
      4. d. Forfeiture or Relief. All matters on forfeiture or relief on bail bonds will be heard on the last day of the month.
    2. 2. In the Second Division
      1. a. Arraignment. The hearing of the arraignment and Assignment Docket will be held at 9:15 A.M. each Monday
      2. b. Motions. Motions, petitions and pleas will be heard at 9:15 A.M.
      3. c. Forfeiture or Relief. All matters on forfeiture or relief on bail bonds will be heard on the last Motion day of the month.
    3. 3. In the Third Division.
      1. a. Arraignment and Assignment for Trial (Indictments). Arraignment and assignment of cases for trial, and assignment of cases not having a date, will be held at 9:00 A.M.
      2. b. Motions and Pre-trial Pleas. Pre-trial motions and pleas will be heard at 9:30 A.M. with the following exceptions: (1) Motions requiring the introduction of testimony will be placed on the docket only to be reassigned and set specially, and the clerk is directed not to issue subpoenas for Motion Docket hearing without a special order of Court; (2) Motions of a purely routine nature such as, e.g., discovery motions asking only that which is provided by statute (or other settled law) may be acted on without being placed on the docket for hearing. Orders on such will be subject to seasonable motion to reconsider.
      3. c. Suspended Sentence and Probation. Petitions for suspension of sentence and probation, not otherwise specially set, will be heard at 1:30 P.M. following filing prior to 4:00 P.M. the preceding Tuesday.
      4. d. Bond Hearings. All matters on forfeitures and relief of sureties except motions, will be heard the first day of each term at 1:30 P.M.
      5. e. Appeals From Sessions and City Courts. Cases allocated to this Court for trial de novo on appeal from General Sessions and Municipal Courts and cases brought up by Writ of Certiorari and not otherwise set, will be heard at 1:30 P.M. the third Monday of each term.
      6. f. Probation Revocation Proceedings. In all proceedings to Revoke Suspension of Sentence and Probation, the initial appearance date ordered will be to set the matter for hearing. Requested witness subpoenas will not issue until the matter is set for hearing. In the event process is not served on the defendant before time set for his appearance his appearance date will then become Monday following return of executed process by Tuesday of the preceding week.
      7. g. Non-jury on Jury Days. All non-jury matters set specially on jury days will be heard at 9:00 A M. unless another time is set.
      8. h. Other. All matters not scheduled or otherwise specially set will be placed on the Motion Docket (3. b. above) for hearing or reassignment as may be appropriate.

To Top

RULE II. - TRIALS AND HEARINGS AND ATTENDANCE AT SAME

To Top

RULE III. - WITNESSES

To Top

RULE IV. - COURTROOM AND CONDUCT IN COURT

To Top

RULE V. - ATTORNEYS

To Top

RULE VI. - FILING AND SERVICE OF PLEADINGS AND MOTIONS

To Top

RULE VII. - PREPARATION AND DISSEMINATION OF ORDERS

To Top

RULE VIII. - APPEAL MD BILL OF EXCEPTIONS

To Top

RULE IX. - ALLOCATION OF CASES

To Top

RULE X. - GRAND JURY

To Top

RULE XI. - BAIL BONDS, FORFEITURES AND RELIEF


To Top

RULE XII. - ARTICLES OF EVIDENCE

To Top

RULE XIII. - COURT FILES

A. All papers and records of the Court shall, at all times, be under the custody and control of the Clerk, who will be responsible for their safekeeping; and no person except the Clerk and his deputies will be allowed access to the files in which records are kept, or allowed to remove any record therefrom.

B. No files shall be withdrawn from the Clerk's office to be taken to the Court room, by any one but the Judges of the Court, the Clerk or his deputies, or by attorneys upon permission of the Clerk.

C. No files shall be withdrawn from the Clerk's office by attorneys without first obtaining written permission of the Court and furnishing the Clerk with a receipt therefor.

D. The District Attorney General and his assistants will be permitted to withdraw case files from the Clerk's office upon receiving the Clerk's permission and upon furnishing the Clerk with a receipt for each file so removed.

To Top

RULE XIV. - TAXING COSTS IN CASES OF MULTIPLE DEFENDANTS

In accordance with T.C.A. 40-3326 in cases wherein two or more defendants are jointly indicted and judgment against defendants is entered by the Court on different dates and judgments involve the payment of costs of the case, the Clerk of the Court is authorized to tax the costs in the case in the same manner as if the defendants were indicted individually.

To Top

RULE XV. - NEWS MEDIA COVERAGE


To Top