Where are the Clerk’s Offices located?

Which days will the Clerk’s Office be closed for business?

Where should I file my pleadings?

How are judges assigned to a case?

All civil and criminal actions are assigned by a random selection process in order to ensure that the identity of the judge is not disclosed before the case is officially filed. Cases are assigned to district judges at random in accordance with administrative orders issued by the court. The clerk will place the name of the assigned district judge on the complaint when it is filed. Local Rule 3.2.

How can I find out if a pleading or an order has been filed?

You can find this information by:

• accessing our Web PACER system and searching our Case Management System (ECF) by case number or party name

• visiting the Clerk’s Office and using the PC at the public counter to conduct a search of our ECF system

• contacting the Clerk’s Office by telephone and asking for this information. The telephone numbers for the Clerk’s Offices are as follows: Chattanooga (423) 752-5200, Greeneville (423) 639-3105, Knoxville (865) 545-4228, and Winchester (931) 967-1444.

What are your general filing requirements?

What is needed to file a civil complaint?

• Use 8 ½ x 11 paper. Refer to Local Rule 5.1

• The heading of the complaint or removal notice shall be UNITED STATES DISTRICT COURT / EASTERN DISTRICT OF TENNESSEE / AT [CHATTANOOGA, GREENEVILLE, KNOXVILLE or WINCHESTER] and provide a space entitled "Civil Action No. ." The caption shall contain the full name(s) of all parties; plaintiffs and defendants may be numbered for easier distinction.

• The complaint shall be clear and concise and should include the residence or domicile of the parties (including corporate parties). The basis of jurisdiction shall be specified; (if applicable) the complaint shall set out the basis for diversity of citizenship and the amount in controversy must exceed $75,000.

• Pay the filing fee (payable to the U. S. District Court Clerk) or application to proceed in forma pauperis must accompany the complaint or removal notice. 

• A completed civil cover sheet (Form JS 44) shall accompany the complaint or removal notice. Local Rule 3.1

• A copy of the summons (AO 440) and complaint must be served upon each defendant unless waived by the defendant. [Fed.R.Cv.P. 4] An original summons shall be completed for each defendant and presented to the clerk to be signed and sealed (copies will be made by the clerk). Forms for waiver of service are also available.

• A summons and complaint may be served by any person who is not a party and who is not less than 18 years of age or, upon direction of the court, at plaintiff’s request, by a United States marshal/deputy marshal or an officer or a person specially appointed by the court for that purpose. [Fed.R.Cv.P. 4]

• The plaintiff is responsible for serving the defendants within 120 days after filing the complaint and for filing proof of service. [Fed.R.Cv.P. 4].

• When the defendant has been served, the process server shall complete the return (the back of the original summons), stating the name of the person served, date and place of service, and sign in the proper place. If service is by mail, the signed postal receipt shall be attached. The return (proof of service) shall be filed with the clerk.

• If service is to be made by the Tennessee Secretary of State or Commissioner of Commerce and Insurance, for each defendant to be served, the original and one copy of the summons with the court seal, two stamped-filed copies of the complaint, a check in the amount of $10.00 payable to the State of Tennessee, and instructions or information required by that office shall be transmitted to the appropriate address by the plaintiff. The Secretary of State files an affidavit with the clerk stating that service of process has/has not been executed; the Commissioner of Commerce and Insurance may send the return to plaintiff’s counsel to be filed with the  court. Questions about this procedure may be directed to the Secretary of State at 615-741-1799 or the Commissioner of Commerce and Insurance at 615-741-2571.

• Rule 4 of the Federal Rules of Civil Procedure contains special requirements for service of defendants who are (a) United States government entities, (b) foreign, state, or local governments, (d) minor/incompetent, (d) outside the territorial United States, and (e) others.  These requirements must be followed.

When and how can an amended complaint be filed?

An amended complaint may be filed once as a matter of course when no answer is on file; otherwise, leave of court, or written consent of the adverse party must be obtained [Fed.R.Cv.P. 15(a)].

A party who moves to amend a pleading must attach a copy of the proposed amended pleading to the motion. Any amendment to a pleading, whether filed as a matter of course or upon motion to amend must, except by leave of court, reproduce the entire pleading as amended, and may not incorporate any prior pleading by reference. Local Rule 15.1.

I have a judgment in another district and want to register the judgment in your court — what do I do?

You must obtain a certified copy of the judgment from the court where the judgment was originally entered. You must also obtain a document entitled Certification of Judgment for Registration in Another District (AO 451) from the court where the judgment was entered. Both these documents must then be filed in the appropriate division of the Eastern District of Tennessee along with the miscellaneous filing fee of $39.00.

What is needed to file a petition for removal?

A defendant desiring to remove a civil action from a state court to the U.S. District Court shall file with the clerk’s office the following documents:

1. An original civil Cover Sheet (JS-44 Form) filled out with the county of the first listed plaintiff, or of the first listed defendant if the U.S. is the plaintiff;

2. Petition for Removal

Note: the petition must bear the U.S. District Court heading and the full style of the original state court complaint (not "et al."). The style is not reversed by a removal action: it remains consistent with the style of the state court action. A copy of the notice to state court and to opposing counsel must also be filed with U.S. District Court also.

3. Copies of all state court process, pleadings, and any orders served upon the defendant.

Note: the attorney is responsible for all service made regarding the petition for removal and for notification of the state court of the removal action.

Who can serve a summons?

Service of a summons can be made by [Fed.R.Cv.P. 4]:

• The U.S. Marshal (1) in cases brought on behalf of the United States; (2) when ordered by the Court in forma pauperis actions; (3) in actions brought on behalf of seamen (28 U.S.C. 1916); and (4) in any other action in which the court so directs;

• Any person who is not a party and who is over 18 years of age [Fed.R.Cv.P.4(c)]

• In cases where the party to be served resides in a foreign country, the summons can be served by the Clerk of the Court pursuant to FRCP 4(f).

What length of time do I have within which to serve my complaint on the defendant(s)?

The plaintiff has 120 days from the filing date of the complaint in which to serve the defendant [see Fed.R.Cv.P 4(j)].

What are the witness fees for a court hearing, trial or deposition?

The witness fee is $40 per day and $ .585 per mile for the mileage fee.

What goes in a bill of costs and what are the procedures?

See Guidelines On Preparing Bills of Costs set forth following Local Rule 54.1  Bills of Costs must be filed in accordance with [Fed.R.Cv.P. 54(d)(1)].  Bills of Costs are filed with the clerk’s office.

How do I go about retrieving a record/file from the Federal Records Center?

You may contact the Federal Records Center directly by calling 404-763-7474 if you have the location and access information for the file. If you do not have the location and accession information for the file you wish to view, then you must contact the appropriate divisional office for that information. The fee for retrieving a file from the Federal Records Center is $45.

Can the Clerk’s Office tell me how I should proceed with my case?

Clerk’s Office employees cannot give "legal advice" or "practice law" since they are prohibited under Title 28 U.S.C. § 955 and Local Rule 77.1. Therefore, when asked, Clerk’s Office employees cannot:

• Explain the meaning of a specific rule

• Make an interpretation of case law (i.e., how a party is affected by events in a case or how a party should proceed);

• Explain the result of taking or not taking an action in a situation;

• Answer whether jurisdiction is proper in a case (e.g., Is this a federal question or diversity case?)

• Answer whether the complaint properly presents a claim (e.g., Did I say the right thing and is it enough information?)

• Describe what the best procedures are to accomplish a particular objective (e.g., How do I subpoena a witness in a case?);

• Answer whether the filing of a complaint is timely

Clerk’s Office employees can provide procedural information such as:

• Giving instructions on how to execute a task (i.e., number of copies, scheduling a hearing, use of forms, etc.)

• Giving advice on whether someone is complying with our court’s policy

Where can I find a map with boundaries of the federal circuits or links to other court sites?

The Federal Judicial Center Home Page at http://www.uscourts.gov/links.html

I am not admitted to practice in the Eastern District of Tennessee but I need to make an appearance in a case. What are the requirements to appear?

Attach to the first pleading you file in the case an original certificate of good standing from a U.S. District Court where you are admitted to practice and submit a $60.00 filing fee. This will permit you to appear in that case only. Local Rule 83.5(d) & (j). OR,

 

File a separate Motion to Appear pro hac vice and attach an original certificate of good standing from a U.S. District Court where you are admitted to practice. A $60.00 fee is also required. This will also only permit you to appear in that case only. Local Rule 83.5(e) & (j). OR,

 

Apply for admission to practice in the Eastern District of Tennessee. By completing our application form and submitting a one-time application fee of $160.00, you will be admitted to practice in the Eastern District of Tennessee for any case at any time. Please note that while your application is pending, you will still be required to file a Motion to Appear pro hac vice in any cases in which you wish to appear stating that your application for admission is pending. Along with the motion you must submit an original certificate of good standing from a U.S. District Court where you are currently admitted or a copy of your pending application. The $60.00 filing fee for the pro hac vice motion is waived. Local Rule 83.5(h) & (j).

Please be advised that if you are not admitted to practice in another U.S. District Court, you must apply for admission to our court in order to make an appearance in one of our cases.

What is your policy on copying from court files?

Civil files. If the number of copies requested is under 5 pages, it may be copied at the Clerk's Office for a charge of $0.50 per page. Requests for copies from civil files exceeding 5 pages will be sent to a local copying service. The copying service will directly bill you for the cost of the copies at their normal rate, which should always be less than the rate the Clerk’s Office is required to charge.

Criminal files. Criminal files may not leave the possession of the Clerk's Office and all copy requests from these files must be copied at the Clerk's Office at the charge of $0.50 per page. 

How do I file a sealed pleading?

All documents submitted under seal to the Court must be accompanied by a motion to seal. Agreed orders should not be submitted because the Court must enter a sealing order in compliance with LR26.2. Documents submitted under seal should be placed in an UNSEALED envelope. The style of the case, the case number, the name of the document enclosed and the words “CONFIDENTIAL” and/or “SUBMITTED UNDER SEAL” should be clearly marked on the outside of the envelope. The clerk will stamp file the document and the envelope and write the docket number on the document and the envelope. After an order is entered that seals the document, the clerk will seal the envelope and store it in a secure location separate from the file.

Are there any restrictions on cellular phones, pagers or laptop computers in the courthouses?

Yes. As set forth in Local Rule 83.1, the Court’s general policy is that cell phones, pagers, and cameras are not permitted in courtrooms. However, an attorney using a personal digital assistant or “combination device” which combines calendaring with a cellular telephone, wireless Internet capability or camera, may bring such combination device into a courtroom on condition that the attorney enters into an agreement regarding the use of such combination device. Notwithstanding any provision of this rule, any District or Magistrate Judge retains the discretion to revoke for any reason an attorney’s privilege to possess a combination device in a courtroom.