Can I Request a Continuance Before General Sessions Court Date Davidson County

COVID-19

Davidson County Federal, State & Local Courthouse Updates

Updated 4-27-20 @ 12:00pm

Judge Angie Dalton

Judge Joe Binkley

Judges Lynda Jones & Gale Robinson

Chancellors Anne Martin, Pat Moskal & Russell Perkins

Judge Sheila Calloway

Tennessee Commission on Continuing Legal Education

The Tennessee Supreme Court issued an order allowing unlimited online (distance learning) hours towards the 2020 CLE Compliance through December 31, 2020.

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The Tennessee Supreme Court issued an order allowing unlimited online hours towards 2019 CLE Compliance through March 31, 2020.

The Tennessee Supreme Court has released a new Order Modifying Suspension of In-Person Court Proceedings and Further Extension of Deadlines today.

The order includes a modification of the suspension of in-person court proceedings, with appropriate safeguards. The provisions of the order remain in place through Sunday, May 31, 2020.

The order continues the suspension of jury trials through Friday, July 3, 2020, but allows for exceptions based on extraordinary circumstances if approved by the Chief Justice.

The order provides that courts should continue to conduct as much business as possible by means other than in-person proceedings and encourages court to continue and even increase remote conferencing as the preferred option over in-person court proceedings.

All courts within a judicial district are ordered to continue to operate under the Court's March 25 order until the Chief Justice has approved a written plan for gradually beginning to conduct in-person court proceedings (other than jury trials) in some non-emergency matters in the judicial district. The order provides detailed instructions for judicial districts to develop their written plans.

The order includes provisions suspending rules that impede a judge's or court clerk's ability to utilize available technologies to limit in-person contact and addresses specific rules of the Tennessee Rules of Criminal Procedure.

The order allows judges' offices and court clerks' offices to continue to limit in person contact, but requires them to remain open for business. Instructions are

provided for circumstances in which it is necessary to restrict access to these offices.

The order continues deadlines in rules, statutes, ordinances and other rules that are set to expire from Friday, March 13 through Sunday, May 31, extending them through Friday, June 5, 2020. The order contains limits on these extensions so lawyers should read the order carefully to determine its application.

The order also extends statutes of limitation and statutes of repose that would otherwise expire during the period from Friday, March 13 through Sunday, May 31, extending them through Friday, June 5, 2020.

The order encourages use of the "Online Public Notary Act" and the provisions of Executive Order No. 26 issued by Governor Lee. The order encourages the use of Rule 72 declarations as an alternative to a notary for court filings. The order also extends the use of electronic signatures to any pleadings or documents to be filed or served by conventional means during the time that the state of emergency for the Judicial Branch remains in place.

The order also addresses evictions and extends orders of protection.

The Court again declares that the courts of Tennessee remain open.

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On Friday, the Supreme Court announced that in addition to the July bar exam currently scheduled to take place July 29-30, the Board of Law Examiners will offer an examination on September 30-October 1 (the "October Exam"). Applicants who previously submitted an application for the July Exam will be given the alternative to move to the October Exam. The October Exam will be offered in Knoxville only. In its press release, the Court includes links for "how to apply" and for new procedures for items that were required to be mail to the office of the Board of Law Examiners.

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Ahead of the holiday weekend, the Tennessee Supreme Court issued new Frequently Asked Questions about the Judiciary's response to COVID-19. The FAQs include topics such as access to courthouses and court proceedings, child custody and child visitation, deadlines, depositions, evictions and foreclosures, local jail populations, notary requirements, and others.

Also, the Governor issued Executive Order No. 26 permitting remote notarization and remote witnessing of certain legal documents, including trusts, wills, living wills, durable health care powers of attorney, durable powers of attorney, deeds, and other legal documents. The Order sets out the procedure for accomplishing the execution and witnessing or notarization of a legal document, and is effective from 11:15pm on April 9 until 12:01am on May 18, 2020.

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The Tennessee Supreme Court has issued an Order Regarding Electronic Signature extending the use of electronic signatures as provided under Rule 5B of the Tennessee Rules of Civil Procedure and Rules 46 and 46A of the Rules of the Tennessee Supreme Court to any pleadings or documents to be filed or served by conventional means during the time that the state of emergency for the Judicial Branch remains in place.

The Supreme Court has also issued an Order Temporarily Modifying Certain Provisions of Tennessee Supreme Court Rule 7 Related to the July 2020 Bar Examination. The Order is intended to provide applicants for the July 2020 administration of the Uniform Bar Examination assurance regarding application deadlines and steps that the Board of Law Examiners is to take in the event a July 2020 examination is not deployed and/or a fall 2020 UBE is offered. The order contains important details for applicants. The Order does not change the current status of the July 2020 bar examination.

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The Tennessee Supreme Court has also issued an Order Suspending Board of Professional Responsibility's Proceedings and Extending Deadlines, which modifies the functions and operations of the BPR consistent with the Court's COVID-19 Pandemic Orders. The Order suspends in-person formal proceedings, but includes provisions for conducting proceedings by telephone, video, or teleconferencing means. The Order continues certain deadlines, addresses emergency matters, and extends certain deadlines related to bar cards, non-payment delinquency notices, fees and suspension.

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The Tennessee Supreme Court has issued a new Order Continuing Suspension of In-Person Court Proceedings and Extension of Deadlines.

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The Tennessee Supreme Court has issued an Order Regarding Compensation of Counsel for Indigent Defendants, which increases the maximum dollar amount of claims that are exempt from judicial review in the ACAP system for court-appointed counsel.Additional guidance has also been provided on the Court's website on how to expedite payments.

Chief US District Judge Waverly D. Crenshaw has entered an Order Clarifying First Amended Administration Order No. 209, which emphasizes that all deadlines previously established in both civil and criminal cases remain in full force and effect, absent further order by the president judge in the matter. The Order provides that the Judges unanimously expect that counsel for all parties will continue to diligently work on cases to comply with established deadlines. If the parties cannot comply with an established deadline, normal procedures must be followed, and a motion must be filed. Regarding any criminal jury trial set before Judge Trauger, a motion for change of plea hearing or motion to continue must be filed and acted upon before the trial will be removed from the court's calendar.

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Judge Waverly Crenshaw has issued an order regarding civil and criminal jury trials, criminal matters, and hearings and bench trials in the Middle District. Judge Crenshaw has also ordered that any matter involving an attorney or party who is ill or in a high-risk category may be rescheduled and provides guidance on how to do so. He also continues all grand jury proceedings scheduled between March 17 and April 30, 2020, and he addresses all related deadlines, including statutes of limitations, in the order. The order also discusses attorney admissions ceremonies, public naturalization ceremonies, and operations of the Office of the Clerk of Court. Please read the order carefully.

See official order. In order to protect the health and safety of court personnel and the public, the United States Bankruptcy Court for the Middle District of Tennessee and the Clerk's Office have implemented certain procedures to address the exigent circumstances created by COVID-19. Attorneys, and anyone visiting the Customs House, should routinely check the Court's website at for any changes in Court procedures as this situation continues to evolve.

Administrative Order 20-5, Supplemental Order Relating to Court Operations Due to Circumstances Caused By COVID-19, which addresses a number of issues dealing with court appearances, hearings, conferences, dockets, more specific procedures per each Judge and the like was issued today. Please read the order carefully.

Additionally, please be advised that beginning March 23, 2020, the Intake Department for the Clerk will be closed until further notice. There will be no in person receipt of filings or payments. The use of CM/ECF, U.S. Mail or other mail delivery options is highly encouraged. A drop box system will be in place beginning Monday. Please refer to the Court's website for drop box use and instructions.

The Davidson County Circuit Court Clerk's Office has adjusted its operation hours to 8:00am to 4:00pm CST under further notice. After hours support remains unchanged for time-sensitive and emergency issues.

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The Davidson County Circuit Court Clerk has updated its operations notice following the recent Supreme Court order.

Pursuant to Supreme Court Order ADM2020-00428 and in light of ongoing concerns, the Tennessee Supreme Court hereby continues the suspension of in-person court proceedings through April 30, 2020. Exceptions for our offices include:

Emergency Committals
Judicial Committals
Order of Protection Docket

The offices of the Circuit Court Clerk will remain open on a limited basis. We will be here to serve and our employees will be on-site; however, person-to-person interaction will be limited. In addition, we will be available by phone, email and e-filing. Our office is staffed from 8:00am to 4:30pm Monday through Friday. A drop box is available outside of the office for filings and payments. Please call our office at 615-862-5181 before leaving payments and visit our website for updates relating to this situation.

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See official order. The Circuit Court Clerk has provided the following operations update: The offices of the Circuit Court Clerk will remain open on a limited basis. We will be here to serve and our employees will be onsite, but person-to-person interaction will be limited. In addition, we will be available by phone, email and e-filing. The safety and health of the public and our employees is of the utmost importance during this time. See specifics for each office below.

Circuit/Probate

E-filing will still be accessible during this suspension. Drop boxes will be available outside of each office to limit interactions.

General Sessions-Civil
A drop box will be available soon outside of the office for filings and payments. Please call our office at 615-862-5195 before leaving payments. Payments may also be made online.

Traffic Violation Bureau
A drop box will be available outside of the office for payments and/or request of court dates. Payments may be made online.

Judge Gayden will be hearing his motion dockets telephonically during the suspension of in-person proceedings. Attorneys must schedule a time with Chris Rucker. Judge Gayden will hear dispositive motions by briefs only.

Judge McClendon has provided guidance on impaired driver dockets in her court. Unless the Tennessee Supreme Court determines otherwise, the impaired driver dockets will resume on May 14. With the goal of keeping everyone as safe as possible, the following procedures will be in place:

The current plan is to keep defendants in the hallway with chairs spaced in a socially safe distance. Defendants for arraignment shall sit in one area, Defendants entering pleas shall sit in another area. If attorneys are seeking an appointment on an arraignment please be in the Second Circuit courtroom at 9:00am. We are working on setting up a remote monitor for arraignments and (possibly) pleas. Litigants will not be allowed into the courtroom, attorneys and staff only. I encourage all attorneys and staff to wear cloth masks. Please encourage your clients that must attend court to also wear masks.

The Court will waive defendant's appearance only if the defense attorney has contacted the ADA for their case at least a week in advance of May 14 to discuss the case and possible resolutions. The ADA can agree or not to the waiver of appearance for May 14. I urge the ADAs to not agree to a continuance unless a good faith effort has been made to resolve. The impaired driving dockets themselves should not be used for negotiations. The negotiations should occur prior to the docket call. It is the defense attorneys' responsibility to reach out to the ADAs. If a plea agreement is reached, defense attorneys should fill out the plea petition several days in advance of May 14 and the ADA should fill out the judgment form. Pleas and judgment forms should be delivered to Ms. Williams no later than the day before May 14. We shall take up arraignments first, then pleas.

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The Bridge Call information for telephone hearings and other matters in the Second Circuit Court has changed. The new information is:

External Access
615-862-7300
Call ID:63039 followed by #
Meeting PIN: 2690 followed by #

Metro Nashville Internal Access
If you are calling from a Metro Nashville Desk Phone, dial 63039
Meeting PIN: 2690 followed by #

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See official notice. Second Circuit shall be conducting remote dockets daily, M-F, from 9:00am until 12:00pm. To participate in a remote docket do the following:

Bridge conference calls shall occur every Monday, Tuesday, Wednesday, Thursday, and Friday effective Monday, March 16 until Saturday, March 21. It is anticipated that this procedure shall be continued per the Supreme Court Order for another week thereafter.
The docket call shall commence at 9:00am and last 3 hours.
Join the call up to 5 minutes before scheduled start time.

External Access
Call 615-862-7300
Call ID: 63008 followed by #
Meeting PIN: 2684 followed by #

Metro Nashville Internal Access
If you are calling from a Metro Nashville Desk Phone, dial 63008.
Meeting PIN: 2684 followed by #

Hearings set on the regular civil motion docket on March 20 will be continued to another hearing date as agreed to by the parties or heard on the 20 remotely through a telephone bridge by the attorneys calling as stated above. This procedure shall continue thereafter for the period specified by the Tennessee Supreme Court.

Impaired driver criminal dockets have been rolled forward and split due to the volume pending. The first date shall be April 8, 2020. Emergency matters such as bond reductions can be heard remotely during a remote bridge docket. These Motions must be filled in advance, the Defense attorney must contact assigned ADA and both attorneys must agree on a time and day to call into the bridge, Monday through Thursday. It is preferred that criminal matters can be heard at 11:00am. Mr. Britt must receive an emailed copy of the motion and responses by 3:30pm the business day preceding the hearing date.

Hearings on Petitions for Emergency Conservatorships and Emergency Limited Healthcare Fiduciaries (and related matters) shall be heard at 9:00am Monday through Thursday. The meetings shall occur at 9:00am telephonically by following the bridge procedure described above.

For settlements occurring during the week starting March 23, the petition(s), exhibits, affidavits, and proposed Orders must be emailed to wbritt@jis.nashville.org no later than 3:30pm the business day preceding the settlement date. Participation shall be remotely utilizing the procedure for calling in telephonically.

The Motion Docket for Friday, April 3 contains important instructions for motion hearings, and differ from the instructions in the Notice for hearings in Fourth Circuit Court (see below). If you have matters set on Judge Robinson's docket tomorrow, please read the notice and instructions.

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Judges Phillip Robinson, Philip E. Smith, and Joe Binkley, Jr. have issued a Standing Order regarding parenting time during an epidemic or pandemic. This Order applies to every suit affecting the parent-child relationship filed in the 20th Judicial District, including closed and pending cases with any form of court ordered parenting time (both temporary and permanent). The Order sets out the rule for determining a person's rights to parenting time/physical custody of a child, and orders the immediate return of any child to the parent entitled to parenting time and physical custody under the rules set out in the Order. The Order sets out several important exceptions, including for the diagnosis of COVID-19, the event of a "lockdown" or "shelter-in-place" order, and for agreements to alternate arrangements in writing and signed by both parties. The Order also includes helpful examples for interpreting the provisions of the Order.

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See official notice.

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Fourth Circuit Court has limited office hours, reduced staffing and at times we are working remotely. However, we are fully committed to serving you.

Judge Joe Binkley, Jr., the Presiding Judge of the State Trial Courts in Davidson County has issued an order for the protection of the general public and courthouse personnel. The order prohibits persons meeting certain criteria set out in the order from entering any courtroom or other court areas on the 4th, 5th, or 6th floors of the Historic Courthouse. The order also contains instructions for anyone with a scheduled appointment or court appearance who is unable to appear because of the restrictions in the order.

Judge Binkley issued a separate order addressing the use of signed declarations under Tenn. R. Civ. P. 72 for any petition for orders of protection filed in the Circuit Court. The order provides that no appearance or further oath shall be required for the initial request for an ex parte order of protection filed in the Circuit Court and that the Judicial Officer shall make the determination of whether an ex parte order of protection shall issue solely on review of the pleadings filed. The order expires upon the expiration or termination of the Tennessee Supreme Court COVID-19 Order.

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Judge Joe Binkley, Jr. has entered an Amended Order regarding the method for obtaining judicial approval of settlements. This Order amends the prior order of March 26. The Order provides that the rotation between Circuit Court judges shall remain in effect but there shall be no personal appearance before a judge unless specifically scheduled by that judge. The Order also provides the procedure for approval of settlements of a minor's claim in an amount less than $10,000, and for approval of settlement of a minor's claim in the amount of $10,000 or more.

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See official notice. The Fifth Circuit will conduct all regular Friday motion day hearings as well as other Court determined emergency and non-emergency proceedings by telephone until further notice. A few of these proceedings may require testimony, and the Fifth Circuit Court is willing to conduct telephone proceedings along with receipt of limited testimony, where testimony is necessary. Whenever parties may e-file various emergency and/or non-emergency Motions/Petitions, which the parties shall email courtesy copies to chambers: the new Fifth Circuit Court law clerk – Trace Bandel and/or the legal assistant – Marla Guinn. The parties will be notified when these emergency and/or non-emergency motions/petitions may be expected to be hear by the Court.

For the April 6, 2020 Court approved settlements, the petition(s), exhibits, affidavits, and proposed Orders must be emailed to Marla Guinn and Trace Bandel no later than 3:30pm the business day preceding the settlement date. Please advise of your contact number so that you can be called on the date you have chosen in order to conduct the settlement approval. The Fifth Circuit Court will then contact you by telephone for the approval hearing.

The NBA previously provided information about how motions are being handled in Judge Brothers' court. We also wanted to provide you with Judge Brothers' Interim Chamber Rules, including instructions on contact with the Court, the motion docket, orders, and trials.

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Effective immediately, and pending further orders of this Court, there shall be no court appearances or oral arguments concerning any motion docket in the Sixth Circuit Court. All motions shall be decided on written briefs. Any motion to which there is no timely written response shall be treated as unopposed in accord with Local Rule 26.04(g) and counsel are directed to prepare an order granting the relief requested.

Judge Randy Kennedy continues to provide updates through the Probate Court Clerk's website, with the latest update providing clarification on proposed orders, addressing the Court's procedures through April, and providing quick links to important information for lawyers and litigants in Seventh Circuit Court.

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Judge Kennedy has issued an Order Referring Certain Cases to Special Master Until Further Notice.The order refers any new petitions for letters of administration, petitions to probate a will (for full administration or for muniment only, but common form only and attested wills only), petitions to reopen estates, petitions to appoint an administration ad litem, name change petitions, and small estate affidavits to Special Master Scott Pilkinton, and he shall either rule by acting under the authority of T.C.A. § 17-2-123(a) without a hearing or by telephonic hearing, or decline to hear the case and send it back to Judge Kennedy pursuant to Local Rule 39.03.

Judge Kennedy also provided additional updates on court procedures following the Tennessee Supreme Court's new order. The updates include reference to the Online Public Notary Act, and the availability of declarations under penalty or perjury, procedures for probate master hearings, directions for pro se litigations and interested parties without attorneys, and directions for cases dockets on a Wednesday or Thursday morning in March or April. The updates also address conservatorship and guardianship cases already docketed in March or April, and those filed but not yet docketed. The Court also provides guidance on cases specially set in March and April, and in May or beyond, and on the motion docket. Please read the detailed document for important procedures and guidance from Judge Kennedy.

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See official notice. Judge Kennedy has put a comprehensive procedure detailing operations in Seventh Circuit Court in Davidson County. Importantly, there will be no in-court proceedings in March unless you are contacted by the Court and only if your case falls within the exceptions in the Tennessee Supreme Court's order. The procedures include instructions for pro se litigants, interested parties without attorneys, attorneys, cases docketed on a Wednesday or Thursday morning, conservatorships and guardianship cases, cases specially set in March, April, and beyond, and the motion docket. Please read it carefully if you have cases in Judge Kennedy's courtroom.

See official notice. The Eighth Circuit will conduct all regular Friday motion day hearings as well as other Court determined emergency and non-emergency proceedings by telephone or video conference until further notice. A few of these proceedings may require testimony, and the Eighth Circuit Court is willing to conduct telephone and video conference proceedings along with the receipt of limited testimony, where testimony is necessary. Questions can be directed to court staff via telephone at 615-880-2591 or via email at RonnellGriffin@jis.nashville.org, YvetteCain@jis.nashville.org, and KimberlyWalsh@jis.nashville.org.

All case management conferences will be held strictly by phone with no appearances. Lawyers may dial in to 615-880-2548. Special Master Nichols prefers to be called at her office number; however, she may also be reached on her cell phone: 615-260-8121.

The Clerk and Master's Office is open, but in-person service is being limited. Please call the office or use the contact us function on the website. E-filing is strongly encouraged. Facsimile filing is also available as applicable.

Davidson County Chancery Court, Part I | Chancellor Pat Moskal

Chancellor Moskal has updated the General Information for matters through April 30, 2020. She provides information regarding matters pending in Part I, including trials, name change hearings, motions and other hearings through April 30, and applications for extraordinary relief. E-filing or Fax Filing are encouraged, and papers are also being accepted through a drop box outside the Clerk & Master's office. Questions can be directed to Julie Spencer, the Part I Calendar Clerk, at 615-862-5718.

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Chancellor Moskal has posted General Information on the Clerk & Master's website, which details the procedures for matters pending in Part I, and which remains subject to change. Chancellor Moskal's office has already contacted parties and counsel who have matters scheduled for hearing through March 31. Please read the general information, which addresses trials, name change hearings, new applications for temporary restraining orders and temporary injunctions, and motion dockets for March 20, March 27, and April 3. Chancellor Moskal also encourages E-filing or Fax Filings, but is accepting paper filings through use of a drop box located outside the Clerk & Master's office. If you have questions, the Court directs you to call Ms. Julie Spencer, the Part I Calendar Clerk, at 615-862-5718.

Chancellor Martin has provided updatedGeneral Information regarding matters pending in her Court. Trials scheduled through April 30, 2020 will be continued and rescheduled at a later date. Name Change Hearings are postponed and will be scheduled for hearing at a later date. For other hearings, the Court intends to use video technology and telephone conferences for all other proceedings. Information to connect for hearings will be provided to participants prior to the hearing, and the Court asks that attorneys join the conference at least five minutes prior to their scheduled hearing time. Parties may agree to have any pending motion decided on the papers. The Court provides instructions for certain other matters, including applications for temporary restraining orders, temporary injunction hearings, and requests to continue a pending hearing. Please read the General Information in detail if you have matters pending in Chancellor Martin's Court.

Chancellor Lyle has updated the COVID-19 Protocol for Part III. The updated memo addresses trials and specially set hearings from April 1 to April 30, 2020. It also addresses the April 3, 17, and 24 Motion Dockets. Chancellor Lyle instructs parties to use e-file if possible. For all other matters, call the Part III Docket Clerk at 615-862-5719.

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Chancellor Lyle has posted a COVID-19 Protocol on the Clerk and Master's website. The protocol addresses trials and specially set hearings from 3/17-3/31. It also address the March 20, March 27, and April 3 Motion Dockets. Chancellor Lyle requests that litigants utilize e-file instead of submitting paper filings if possible. For all other matters, the Court directs you to call the Part III Docket Clerk at 615-862-5719.

See official notice.

For your reference, Deputy District Attorney General Roger Moore also filed a Response to the Petition in the Criminal Court for Davidson County as mentioned in yesterday's email. The Criminal Court has ruled by Order issued yesterday.

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The Criminal Court for Davidson County has already reviewed and ruled upon a petition filed by the Public Defender on April 3, and opposed by the Office of the District Attorney by response filed on April 7, 2020. As explained in the Order issued today, the Public Defender sought the immediate release of all inmates who are deemed particularly vulnerable to the COVID-19 virus as established by the Centers for Disease Control and Prevention, all inmates charged with or sentenced to non-violent misdemeanors or Class C, D, or E felonies if the underlying felonies qualify for probation, all inmates being held on a probation violation warrant not allegation a new offense ("technical violation"), and all inmates serving a sentence whose expiration date is 60 days or less.

The Order of the Criminal Court Judges, sitting en banc, makes several findings, including that the relief sought may, in many instances, be outside the jurisdiction of the Criminal Courts because the inmate is within the jurisdiction of the General Sessions Court, and ultimately concluding that the broad emergency relief sought by the Public Defense is not warranted and denying the petition. However, the Court includes orders that the District Attorney General's Office continue to be proactive in reviewing and approving requests for inmate releases from jail where the inmate's court appearance and public safety is not a concern. The Court also orders that the unprecedented health concerns created by COVID-19 be given due weight and consideration in making the determination to agree to the release of inmates where appropriate. The Order also provides that when an agreement cannot be reached involving the release of an inmate that the matter be set on the earliest docket available for review by the appropriate Criminal Court. Lastly, the Court orders that the provisions of the Order shall apply irrespective of whether the inmate is represented by the Public Defender's Office or appointed or retained private counsel.

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We have been advised of an important new procedure from our Davidson County Criminal Court Clerk, Howard Gentry.

Effective immediately, all motions and petitions that do not require a judicial signature on the original document, are allowed to be filed via email with the Criminal Court Clerk. Once received, a deputy clerk will review the filing and return a file stamped copy of the motion to the attorney. In the event the filing is not able to be accepted (wrong court, wrong info, etc.) the deputy clerk will respond to the email and notify the attorney.

Any document that requires a judicial signature to take effect (General Sessions set aside orders, General Sessions continuance orders, bond source orders, etc.) will still need to be filed physically with the Criminal Court Clerk after obtaining the judge's signature.

*Any Tennessee state or local rule, criminal or civil, that impedes a judge's or court clerk's ability to utilize available technologies to limit in-person contact is suspended through Thursday, April 30, 2020. See, e.g., Tenn. R. Civ. P. 43.01. With respect to plea agreements for non-incarcerated individuals, this suspension expressly applies to those provisions of Tenn. R. Crim. P. 11 which otherwise would require the proceeding to be in person in open court. See, e.g., Tenn. R. Crim. P. 11(b)(1) and (2), 11(c)(2)(A).

Effective immediately, Presiding Judge Lynda Jones has issued the following protocol as it pertains to ALL the jail dockets including the Order of Protection docket until further notice.

Only 10 persons will be allowed inside each courtroom and this includes, Judge, DA, defense lawyer, clerk, and one court officer.
All felony and misdemeanor jail dockets will now be set at 9:15am and 11:15am. The DV jail docket will now be set at 9:05am and 11:05am.
If there are more than 20 inmates on a daily docket, there will be a 12:15pm and 12:05pm docket added. The inmates will be separated and only 10 inmates at a time will be brought up to the holding cells. The Clerk is making subpoena changes to send out to witnesses and police officers.
Witnesses are to separate themselves all down the long public hallway and listen for their case to be called by the blue shirt security officers. The security blue shirts will ensure only ten people are inside each courtroom.
All business must be conducted in the courtroom. This includes search warrants and judicial subpoenas.
No one is permitted in the private hallways behind the courtrooms unless you have been authorized to enter these private hallways.
There will only be jail, jail review, and Order of Protection dockets until further notice.
There will be NO family members/friends permitted to sit in the courtroom.
All witnesses will be checked in at the door and are permitted to sit in the courtroom when their case is to be heard recognizing sitting the social distance span of six feet apart.
You are not permitted to approach the clerk of court. Please keep a six foot distance when speaking with the clerk of court.
Please practice social distancing when speaking with persons inside the courtroom.

Pursuant to the Chief Justice's order dated March 13, the following changes will be made to the dockets for all Davidson County Criminal State Trial courts:

In any case where the defendant is not currently in custody those matters will be continued to a later date. These individuals should check with their attorneys, bonding companies, and the criminal court clerk's website for their new court dates.
Arraignments for defendants who are in custody will be held via video conference with the court. The times for these arraignments will be staggered by division as follows:
- Division VI – 8:30a
- Division I – 8:45a
- Division II – 9:00a
- Division III – 9:15a
- Division IV – 9:30a
- Division V – 9:45a
- Any attorney seeking appointment on an arraignment must be in the courtroom on time to ensure the court's schedule is not interrupted.
Probation violations for defendants who are in custody will be scheduled and heard as usual.
Discussion cases for defendants who are in custody will be heard only if the case is ready to plea.
Bond motions for defendants who are in custody will be heard if the parties are prepared to have the hearing.
Attorneys should notify the court and court clerk if they have an individual who meets one of the above conditions to be transported. Only individuals who are absolutely necessary for the day's proceedings will be transported.
Any special or urgent situations not addressed by the schedule above must be discussed between the parties and the court to determine if an exception to this schedule is required.

These scheduling modifications will remain in effect through March 31.

In anticipation of another order from the Tennessee Supreme Court, the Davidson County Criminal Court Judges have provided new guidance on court procedure effective March 30, 2020. These procedures may be updated if there are additional requirements or changes based on a new order from the Tennessee Supreme Court.

We have also received an update from Judge Calloway and the Davidson County Juvenile Court. Importantly, the Juvenile Court plan set out below extends beyond the Tennessee Supreme Court orders and Juvenile Court plans to reopen dockets as usual on Monday, May 11.

Our court is working diligently to plan how to the handle the uncertainties of the next few weeks as well as to address any emergencies that may arise. Toward that end, effective at the close of business Friday, March 13, the following will occur (subject to further changes as contingencies arise):

1. The court will continue to operate detention and preliminary hearing dockets. The preliminary hearing docket will occur each Monday through Friday at 9:00am. The detention docket will occur each Monday-Friday at 1:00pm. All emergency matters shall be consolidated onto those dockets.

2. The child support contempt dockets in which a respondent is incarcerated shall continue to occur each Tuesday at 8:30am. In addition, any motions for release filed by incarcerated respondents relating to child support shall be consolidated onto those Tuesday dockets.

3. Any delinquency case that involves a juvenile currently in detention remains on as presently scheduled. Trials for those juveniles in detention will occur as scheduled. Any youths currently in detention and on for settlement will be handled by their counsel and the assistant DA in conjunction with the individual magistrate assigned to the case.

4. The clerk's office will remain open for the filing of petitions. They will work with the court to determine when to schedule non-emergency petitions.

5. All other trials, appearances, settlement conferences and reviews will be continued. The court will notify counsel as to when those case will be reset for status.

While the present Tennessee Supreme Court order is in effect until April 30, we have extended the plan to reopen dockets as usual to Monday, May 11. Should have any questions, please contact the Juvenile Court Clerk at 615-862-7980.

Additional Information:
Juvenile Court has not issued a standing order related to parenting plans. All of the provisions in the parenting plans remain in place. If anyone needs to file a motion to review visitation in light of the current situation in a particular case, please feel free to do so. If the parenting plan in question arose out of a Neglect/Dependency case, the motion to review should be set on a 9:00am Preliminary Hearing docket. The 9:00am Preliminary Hearing dockets are held daily. If the parenting plan arose out of a Parentage case, it should be set on an 8:30am Parentage docket. The 8:30am Parentage dockets are only held on Tuesdays. The motion should be set approximately a week out from the date of filing to allow time for the parties to be served with the court date. The motion will be heard by conference call, so please include the telephone numbers of all attorneys and parties on the motion.

As to the availability of video conferencing at Juvenile Court, we are currently working to set up WebEx services to allow for video conferencing. For now only phone conferencing is available.

We also encourage parents to contact our Parental Assistance Court (PAC) team members to discuss parenting plan issues. All of our PAC team members are certified Rule 31 mediators and are skilled at helping parents navigate difficulties related to co-parenting. They can reach a PAC team member by calling 615-862-8000 and asking for a PAC or just explaining that they need help with a parenting plan.

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Effective at the close of business on Friday, March 13, the following will occur (subject to further changes as contingencies arise):

The court will continue to operate detention and preliminary hearing dockets. The preliminary hearing docket will occur each Monday through Friday at 9:00am. The detention docket will occur each Monday-Friday at 1:00pm. All emergency matters shall be consolidated onto those dockets.
The child support contempt dockets in which a respondent is incarcerated shall continue to occur each Tuesday at 8:30am. In addition, any motions for release filed by incarcerated respondents relating to child support shall be consolidated onto those Tuesday dockets.
Any delinquency case that involves a juvenile currently in detention remains on as presently scheduled. Trials for those juveniles in detention will occur as scheduled. Any youths currently in detention and on for settlement will be handled by their counsel and the assistant DA in conjunction with the individual magistrate assigned to the case.
The clerk's office will remain open for the filing of petitions. They will work with the court to determine when to schedule non-emergency petitions.

All other trials, appearances, settlement conferences and reviews will be continued. The court will notify counsel as to when those case will be reset for status. Please call off any witnesses for those cases. In addition, if an interpreter was requested, please notify administration.

In addition to the schedule previously announced, here are the latest updates:

We will operate under the emergency docket schedules until at least April 13. All other matters will be reset to a later date.
The courthouse, including the Clerk's office, will close daily at 3:30pm.

The Davidson County General Sessions Court, sitting en banc, has ruled upon the Petition filed by Public Defender Martesha Johnson regarding the release of certain inmates due to the COVID-19 pandemic. The Court issued its Order today following the special hearing this morning. The language of the Order mirrors that of the Order issued by the Criminal Court yesterday.

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Yesterday evening, we advised you of the hearing this morning in the Davidson County General Sessions Court. We are writing to provide you with a copy of the Public Defender's Petition filed in both the General Sessions Court and Criminal Court for Davidson County, and the State's Response filed in the General Sessions Court for Davidson County by Deputy District Attorney General Roger Moore (note that yesterday's email incorrectly stated that the Response was filed by District Attorney General Glenn Funk).

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We have been asked to notify you about tomorrow's hearing in the Davidson County General Sessions Court before Presiding Judge Lynda Jones at 10:00am in Courtroom 4D regarding a petition filed by Davidson County Public Defender Martesha Johnson seeking the release of certain inmates due to the COVID-19 virus, and the response filed by District Attorney General Glenn Funk. Other General Sessions Judges will be participating via Zoom video conference, and media coverage will be allowed subject to certain requests by Judge Jones in accordance with Supreme Court Rule 30 and CDC Guidelines. We will update you on the decision of the General Sessions Court after tomorrow's hearing.

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The Honorable Lynda Jones, the Presiding Judge of the Davidson County General Sessions Court has entered an Order from the Presiding Judge of the General Sessions Court, effective immediately, providing that the use of a signed Declaration by a petitioner in compliance with Rule 72 of the Tennessee Rules of Civil Procedure may be substituted for the notary oath for any petition for orders of protection filed in the General Sessions Court. The Order also provides that no appearance or further oath shall be required for the initial request of an ex parte order of protection filed in General Sessions Court. The Judicial Offers shall make the determination of whether an ex parte order of protection shall issue solely on review of the pleadings filed requesting the Orders of Protection.

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Presiding Judge Lynda Jones issued an Emergency Probation Order today immediately suspending drug testing for defendants on probation due to the COVID-19 pandemic unless the defendant is on probation in Recovery Court under Judge Melissa Blackburn, Judge Gale Robinson, or Judge Ana Escobar. Defendants who have drug testing as a DUI bond condition shall be tested for alcohol use. The order remains in effect until April 30, 2020.

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The Metropolitan General Sessions Court Judges have approved an abbreviated docket schedule in the interest of public safety. This schedule will operate from Monday, March 16 through Thursday, April 9 with Friday, April 10 being a holiday.

The only dockets open will be the following:

Felony & Misdemeanor Jail Dockets
Domestic Violence Jail Dockets
Orders of Protection
Emergency Psychiatric Committal Docket

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The Metro General Sessions Court Judges approved the extension of the abbreviated Docket Schedule through May 1, 2020 (above). They also unanimously adopted Emergency Procedures in an effort to reduce the number of persons in the A.A. Birch Building, the transportation of prisoners, and exposure to COVID-19. These emergency procedures include the authority of all judges to act by interchange for any other General Sessions Court judge on any matter that comes before that court on the days assigned. The emergency procedures include instructions regarding permissible in-court proceedings and proceedings that shall be done only be videoconferencing. The Emergency Procedure shall remain in effect until otherwise rescinded in writing by the General Sessions Court Judges. Please read the Emergency Procedure for other important details.

Tennessee Court of Workers' Compensation Claims

The Bureau of Workers' Compensation has provided an Operations Update setting out procedures for the Court of Workers' Compensation Claims, Mediation & Ombudsman Programs, the Subsequent Injury Fund, the Workers' Compensation Appeals Board, Medical-related proceedings, and Compliance.

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The Tennessee Court of Worker's Compensation Claims will provide updates on its response to the COVID-19 virus through its blog. Attorneys practicing in this Court should monitor the blog for updates.

In response to the local, state, and national states of emergency declared related to the global COVID-19 pandemic, the Davidson County Sheriff's Office is immediately suspending the service of all civil process except for papers related to the following:

Proceedings necessary to protect constitutional rights of criminal defendants, including bond-related matters and plea agreements for incarcerated individuals
Proceedings related to relief from abuse, including but not limited to orders of protection
Proceedings related to emergency child custody orders
Department of Children's Services emergency matters related to child protection
Proceedings related to petitions for temporary injunctive relief
Proceedings related to emergency mental health orders
Proceedings related to emergency protection of elderly or vulnerable persons
Proceedings directly related to the COVID-19 public health emergency
Other exceptions as approved by the Chief Justice

This suspension will continue until further notice.

Effective March 16, and through April 10, all non-detained master calendar hearings are postponed. As a result of EOIR's ongoing evaluation of the information available regarding the spread of coronavirus across the Nation, all other hearings will proceed as scheduled. Those whose hearings are postponed can expect a new hearing notice by mail at least 10 days before their new hearing day. Filings will occur under typical process, except in Seattle. All other hearings (e.g., individuals (merits) hearings) are proceeding as scheduled. Operational updates can be found here. Individual case status information can be found online or by calling 800-898-7180.

See official notice.

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Source: https://www.nashvillebar.org/?pg=COVID-19INFORMATIONCENTER

Can I Request a Continuance Before General Sessions Court Date Davidson County

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