LOCAL RULES OF PRACTICE IN THE CRIMINAL COURT HAMILTON COUNTY

Effective July 30, 1976

Including Amendments Received Through July 1, 1996

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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.

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RULE II. - TRIALS AND HEARINGS AND ATTENDANCE AT SAME

A. Hearings in Open Court. Except for informal and purely routine matters, all hearings will be held in open Court including motions for continuance.

B. Hearings to Be on Written Motion or Plea. Except as provided herein or otherwise required, all matters will be heard on written motion, petition, or plea, of the moving party (or the party who otherwise invokes the jurisdiction of the Court) and responsive pleading of adverse parties when required.

C. Hearings on Oral Motion. While these rules contemplate that all matters will be heard on written motion or plea, because of the length of time between the deadline for filing motions and the time for hearing same, oral motions may be entertained on matters of urgency and upon adequate notice to adverse or affected parties. Such motions must be made in open Court and should be made immediately after the opening of Court for the day; however, same will be entertained at other times if necessary and when possible, but not ex parte in chambers. Motions after Court has adjourned for the day should particularly be avoided.

D. Attendance. Parties will be in attendance in person or by attorney at all scheduled hearings. Defendants will attend Court in person as necessity indicates including, but not limited to, arraignment, trial, judgment, and motion for a new trial. A defendant must attend the hearing of his motion for continuance unless excused. Defendants on Bond may attend pre-trial motions at their option. Defendants in custody will be brought into Court for all hearings. Attorneys will attend Court on jury days for the calling of the Docket unless excused or unavoidably hindered. Attorneys will attend at Arraignment and Motion Dockets as promptly as possible compatible with their needs to attend other Courts during the same period of time.

E. Drawn Jury. In all cases in which a Drawn Jury is requested and allowed, the attorney for the defendant will notify the Clerk five days in advance of the day assigned for trial in order that Court will not be delayed while the scrolls are being prepared.

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A. Witnesses for Grand Jury. The Clerk will issue subpoenas for witnesses listed on the indictments to appear and give testimony on behalf of the State at the session to which such cases are assigned. If other and further witnesses are desired by the State, the District Attorney General will write a letter to the Clerk giving the names and addresses of the witnesses requested. No witness may be summoned from out of State, or at an unusual distance except by order of the Court approving such subpoena and the expense incident thereto.

B. Witness for Trial. The subpoena for any witness, whether for the State or defendant, shall be issued at least fifteen days prior to the date of the trial. The Sheriff shall make the return on said subpoena not less than five days before the trial date.

C. Witness Rule. When the rule is invoked in the trial of any case, the witnesses who have testified in such case shall, unless excused and allowed to leave the Court, be seated in the Courtroom or at some other place than that where the remaining witnesses are under the rule; and the witnesses who have testified and those who have not testified shall not communicate one with the other until all have testified. The officers of the Court shall so notify all witnesses, and the attorneys involved shall cooperate to the end that all have notice of this rule. Any violation of this rule will be considered as contempt of Court and punishable accordingly.

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A. Space Within Bar Reserved. This space within the bar shall, at all times, be reserved for members of the bar, officers attending Court, the Clerk, the witness in the witness box, and such persons as are designated by the State's Attorney and Defendant's Attorney as being necessary aides in the prosecution or defense of the case, and who shall be seated at the respective tables of the State and the Defendant.

B. Jury Box. In no case shall any person, other than officers in charge of the jury and attorneys when presenting or arguing a case, be allowed to stand, walk or be seated in the immediate vicinity of the jury box or the jury room while a case is pending before a jury occupying the same. The Court officers shall strictly enforce this rule, and it shall be the duty of the Clerk and the attorneys involved to cooperate in such enforcement. During the trial of a case no person other than parties to the case may be permitted to walk between Counsel table and the bench occupied by the trial Judge, and the Court officers are particularly cautioned to enforce this rule.

C. Spectators to Be Seated in Court Room. All persons within the Court room when Court is in session and not in recess shall be seated, and unless coming within the exceptions stated in Section A, shall be seated outside of the bar and in the space reserved for spectators. In cases where, because of interest in the case being tried, insufficient seats are provided for those desiring to hear the case, a limited number, within the discretion of the Court, may be allowed to stand in that part of the Court room where spectators are allowed; but they shall be kept back of the aisle in front of the seats and running from the door of the Court room; and no person, except the attorneys engaged, the Court officers, Clerk and such as may be necessary to the conduct of the trial of the case, shall stand within the bar or in the aisle back of the bar.

D. No Smoking in the Court Room. No person shall smoke or keep any cigarette, pipe, cigar or other smoking implement in his or her mouth in the Court room. Such conduct when persisted in after warning, shall be a contempt of Court. Officers shall be alert to enforce this rule.

E. Food and Drink Disallowed. No person, whether Court is in session or in recess, shall eat any food or drink any soft drink or beverage in the Court room, and no foods or beverages shall be brought into the Court room. Officers shall be alert to stop any entrance with such food or beverage, and if, after warning, any person persists in violation of this rule, he or she shall be held in contempt of Court.

F. Newspapers, Magazines, Books. The Court room being for the accommodation of those who are interested in the trial of the cases being heard, no person shall, within the Court room, while Court is in session, read any newspaper, magazine or book, except as the same may be read by attorneys or witnesses in the proper presentation of the case being tried. Any spectator having any such newspaper, magazine or book, shall keep the same folded during all times when the Court is in session. If any juror who is called into the jury box and accepted for any trial shall have any such newspaper, book or magazine, the officer in charge shall take the same until the completion of the trial, and shall return the same to the juror.

G. Photographers. No photographs shall be taken in the Court room while Court is in session.

H. Children in Court. Small children will not be brought into Court except when it is unavoidable. Attorneys are directed to apprise their clients and witnesses of this rule.

I. Stand When Addressing Court. All persons will stand when addressing the Court except those who are physically handicapped or otherwise incapacitated and except attorneys voicing an objection when there is insufficient time to rise.

J. Court Room Condition. The officers of the Court, and particularly the officer appointed by the Court, shall inspect the Court room each morning before the opening of Court to the end that the same may be in proper condition; that the jury room shall be properly provided with drinking water, towels and soap, and have any improper conditions remedied by the janitors of the Court House. Such officers shall, at the close of Court, see that the Court room is left in proper condition and that windows are closed by the janitors and any needed repairs reported to the custodian of the Court House. The Court Officer, assisted by the officer appointed by the Sheriff, shall be in general charge of the Court room, the conduct of persons therein and the general operation of the Court room.

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A. Conduct. Attorneys will be required to conform to, follow, and obey the canons of professional ethics adopted in Tennessee and, as officers of the Court, to set an example of proper conduct for litigants, witnesses and other attendees in Court.

B. Becoming of Record. An attorney will become of record upon appearance for a defendant in open Court, unless he announces he is appearing for a special purpose only, or upon the filing of any pleading, unless same shows a special limited appearance.

C. Withdrawal of Attorney. An attorney of record can withdraw from a case only by leave of Court had in open Court upon written motion or petition. Such motion or petition will be heard at the regular motion docket as provided by these rules, and it will be the duty of the petitioning attorney to notify the defendant and his bondsman that the defendant is required to be present in Court for the healing and the clerk will notify the surety to have the defendant present. The attorney will append a certificate to his motion or petition setting out the day and time he has notified the defendant to be present and the method used. Application to withdraw must be made as soon as the grounds become apparent.

D. Appointment for Indigents. All attorneys licensed to practice in the State of Tennessee and holding themselves out to practice in Hamilton County are subject to appointment for indigent defendants and petitioners. Appointments may be made in open Court or at chambers following determination of indigency. Indigency will be determined by examination of the defendant in open Court, where he may be subject to cross examination by the District Attorney General, and by such proof as is offered. If an attorney appointed has good cause to believe the party is not in fact indigent. he may petition to withdraw from the case on that ground.

E. Compensation of Appointed Attorneys. At the conclusion of the case or completion of his duties in the trial Court, the appointed attorney may apply to the Court for an award of a fee as provided by statute and rules of the Supreme Court. Such application will be acted on without a hearing unless a request is made for a hearing.

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A. Writing and Paper Required. All pleadings and motions must be typewritten, doubled spaced, in black ink, upon regular legal paper, fourteen inches long and eight and one-half inches wide, having a blank margin on the left side of every page.

B. Copies Required and Service. An original of all pleadings and motions together with one additional copy for every adverse or affected party will be submitted to the clerk who will file same and forward a copy to every party adverse or affected thereby.

C. Single Subject Matter. A separate motion for each particular relief sought will be Sled. Omnibus motions are unacceptable and may be stricken without a hearing. If an omnibus motion is filed, the clerk will notify the judge as soon as possible after its filing in order that he may take appropriate action.

D. Title. Motions, petitions, and other pleadings will bear a brief title descriptive of or suggesting content. The clerk will then use this title for listing such motions on the judges' dockets.

E. Grounds Stated. All motions and other pleas seeking relief shall have the grounds therefor stated in the motion or pleading unless same is self evident.

F. Pre-trial Pleas and Motions. All pleas and motions that require healing before trial, must be filed in ample time to be heard on a regular Motion day prior to the trial date assigned.

G. Insanity Plea. Pleas of not guilty by reason of insanity must be filed at least ten (10) days prior to the date the case is assigned for trial.

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A. Who Prepares. Judgments, Orders and Decrees will be prepared by the Judge. or the Clerk under the direction and instructions of the Judge, unless a party requests and is granted leave or, because of unusual circumstances. is directed by the Court to prepare same.

B. Procedure When Prepared by Counsel. When Orders and Judgments are to be drafted by counsel. same shall be immediately prepared, in the same style as for pleadings, by the attorney for the successful party unless another is designated by the Court. A space will be provided immediately under the body of the Order to the light of the center of the page for the Judge's signature. and immediately under that space and at the left margin a space will be provided for the attorney who prepared the Order and a space directly thereunder for signature of other parties or counsel. The attorney who prepares the Order will sign same, then present it to the other party or parties for approval as being an accurate statement of the Findings, Judgments or Orders of the Court as pronounced. If any party fails to agree that the draft accurately states the Order as pronounced, and to so endorse it, the attorney who prepared same will note on the Order that it has been presented and designate the party who refused to sign same and the refusing party will submit his own draft to the Judge for consideration and the Judge will then choose between (of from among) the drafts or will himself prepare the Order for entry. Each attorney preparing a draft of an Order will submit the original with a copy for each adverse party.

C. Dissemination. When Judgments and Orders not pronounced in open Court are prepared by the Judge and delivered to the Clerk for entry, or when Judgments and Orders prepared by counsel in accordance with Section B above are filed unapproved by some party affected thereby, it will be the duty of the Clerk to notify all parties affected by the Order or Judgment, who do not already clearly have notice, by furnishing a copy or by equivalent means. Such notification will also be given to all parties, officers, or persons (e.g. Sheriff, attorney, probation supervisor, court reporter) directed in the Order or whose duty it is to execute the Order or Judgment or any portion thereof.

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A. Praying and Granting of Appeal. When a motion for a new trial is overruled and Judgment has been pronounced and entered, the Judgment will then be executed unless an appeal is immediately prayed and granted. If an appeal is prayed and granted, the Court will, at that time, fix a time in which to file a Bill of Exceptions. Extensions (when allowed by law) will be granted on ex parte application.

B. Obtaining Transcript for Bill of Exceptions. It will be the duty of the attorney for an indigent appellant to prepare and present an Order providing therein that the transcript be prepared by the official Court reporter to be paid for by the State out of funds appropriated for this purpose, and in the Order to specify the portions of the trial and other proceedings required for his Bill of Exceptions. Non-indigent defendants will contract with a Court reporter who may charge the customary local rate for same. Arrangements must be made with the Court reporter before applying for extension of time.

C. Approval by Appellant and Appellee and Authentication by Judge and Filing. It being the policy of the Appellate Courts of Tennessee and of this Court to expedite appeals of criminal cases, the following procedure will be followed in perfecting the appeal: When the transcript is delivered to the attorney for the appellant, it will be his duty to approve it as soon as possible and to present it to the judge for authentication no later than half the time remaining for filing same. It will be his duty first to present it to the adverse party for his approval, then to the Judge for authentication and after securing same to deliver it to the clerk for filing or to see that it has been delivered to the Clerk for filing. The less stringent procedure provided in T.C.A. § 27-110 of filing with the Clerk on the certification of the Court reporter and approval of the appellant will be followed only if there is insufficient time remaining for the above procedure. It will be the duty of the attorney for the appellant to keep up with the time and to secure an extension of time when required and if same can be had under the law. Same will be done on ex parte application by submitting a favorable Order to the Judge for signature.

D. Original to Be Used. The clerk in preparing the record for transmittal to the Appellate Court will use the original Bill of Exceptions and not copy same.

E. Abandonment or Dismissal. In the event the defendant wishes to abandon his appeal, after same is prayed and granted and before it is perfected, it will be the duty of his attorney of record to file a written Waiver of Appeal in sufficient time that the defendant can be brought into court and examined on same to determine his understanding and its voluntariness, before the time expires.

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A. Apportioning Indictments. Indictments and Presentments will be apportioned and allocated among the three Divisions of the Court according to the following formula to be administered by the Clerk of the Court.

Immediately after each report of the Grand Jury all indictments and presentments will be arranged in alphabetical order according to the name of the defendant or in the case of multiple defendants jointly indicted according to the name of the first named defendant. The cases will then be numbered and listed in that order.

After numbering and listing, all indictments for the same defendant will be grouped with the lowest numbered case for that defendant and for purposes of allocation the group will thereafter be treated as a single case. If two or more indictments are returned charging different defendants with the same offense or with offenses growing out of the same transaction the higher numbered case or cases will be grouped with the lowest numbered case and the group thereafter will be treated as a single ease for the purpose of allocation.

If any defendant has a pending case the new case or cases will be pulled from the arrangement and assigned to the Division having the pending ease. For this purpose a pending case is defined as one within the next preceding 3000 numbered eases.

If in spite of this procedure it comes to pass that a defendant has cases pending in more than one Division at the same time the Judge having the higher numbered case or cases may in his discretion unilaterally transfer such case or cases to the division having the lowest number case for that defendant. This will be at the option of the Judge having the higher numbered cases and may be done on his own motion or on request of the Judge with the low numbered case for that defendant. In addition, it will be the duty of the District Attorney General and the attorney or attorneys for the defendant to move for a transfer in accordance with this rule. Except that a Judge having pending misdemeanors only will transfer those cases to a Judge having felony cases for that defendant regardless of the number and the Judge having felonies and misdemeanors will transfer those cases to the Judge having a capital offense pending regardless of the number.

When a new indictment is returned after dismissal of an indictment charging the same offense said new indictment will be removed from the arrangement of cases and assigned to the Division in which the earlier indictment was dismissed.

After the above process has been completed the Clerk will assign the cases in rotation among the Divisions. At the first allocation following the effective date of this rule, the first case will be assigned to Division I and continue in chronological order until ail cases have been assigned in accordance with the rule. At the next allocation the first case will be assigned to the Division next in line after the Division which was assigned the last case at the next previous allocation.

Any problems encountered by the Clerk in administering this rule will be submitted to the Judge then presiding over the Grand Jury.

B. Non-jury and Appeal Cases. The Judges of the three Divisions will share equally the responsibility of hearing non-jury and appeal cases except matters that have been presented to a Judge for issuance of extraordinary process in which case that Judge will hear and determine that case. All other non-jury and appeal cases not otherwise provided for in these rules or by law will be docketed by the Clerk in the order in which they are received and filed and an allocation made weekly with each Judge getting every third case. In the event of multiple cases for a single defendant. all cases as to that defendant will be treated as a single ease for purposes of allocation.

C. Preparation of Listing of Cases and Arraignment Dockets. A listing of all new indictments assigned in each division will be made following the allocation and assignments and an arraignment docket will be prepared for each division for all cases thus assigned after the Grand Jury report plus all cases made current by apprehension of the defendant or otherwise restored to the docket, and all cases continued or specially set, and all non-jury and appeal cases not otherwise set.

D. Waiver of Grand Jury. In misdemeanor eases where the defendant desires to waive indictment and trial by jury under the provisions of Chapter 868 of the Private Acts 1937, the defendant will present a written motion to the Judge then presiding over the Grand Jury, as soon as possible after the case is bound-over, but in no case less than five (5) days of the scheduled date for hearing by the Grand Jury, and upon the granting of the motion, the clerk will withdraw the case from the Grand Jury, and schedule it for trial on the Judge's regular City and Sessions Appeal docket. [Amended May 16, 1980 ]

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A. Jurisdiction. Each Judge will have exclusive jurisdiction during his tern over all cases pending before the Grand Jury, and such jurisdiction continues until such time as cases are assigned to one of the three Divisions of Criminal Court.

The Judge of each Division will have jurisdiction over and responsibility for the Grand Jury for a period of four (4) months each year; the Judge of Division I beginning with the May Term, and ending at the September Term; the Judge of Division II beginning with the September Term, and ending at the January Term; and the .Judge of Division III beginning with the January Term and ending at the May Term.

B. Empanelling. A Grand Jury will be empanelled on the first day of each of the above mentioned terms. Or a day thereafter as ordered by the Judge, to serve for a period of four (4) months unless earlier discharged.

C. Sessions. The first session of each Grand Jury will begin on the day it is empanelled, and continue until the work assigned is completed and report to the Court made. Thereafter, it will convene at least one day each week, as designated by the Court. and continue in session until the work assigned is completed and until report is made to the Court.

D. Scheduling. Cases will be scheduled by the Clerk, under such direction and supervision of the Judge as he may care to exercise, within two weeks when possible but in any event at the earliest possible date after the bound-over warrant is received in the Clerk's office. Priority will be given to jail cases.

E. Witnesses. Witnesses whose names are listed on the warrants in bound-over eases, together with the prosecutor shown on the warrant, will be summoned by the Clerk to appear at the session to which such case is assigned; but the Clerk will not issue subpoenas for any other witnesses except on signed written request of the District Attorney General, or by the foreman of the Grand Jury or by the Jury, or by Order of the Court.

When the Grand Jury desires the attendance of witnesses for inquiry into any matter within its province the same will be made known to the Clerk by written request signed by the Foreman or by the entire Grand Jury, and the Clerk will issue subpoenas for such witnesses to appear at the designated time. Such request must list the names of the witnesses and their addresses, and may state the matter into which such inquiry is to be made, or may state that the witnesses are to be summoned for General Information; but no witnesses may be summoned from out of State, or at an unusual distance except by Order of the Court approving such subpoena and the expense incident thereto.

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A. When a preliminary forfeiture is taken on a bail bond, and when scire facias has been issued and served upon the parties, or any party thereto, including the defendant and the sureties, unless such parties shall waive hearing thereon and allow the final forfeiture to be by default, such principal and sureties shall, within the time allowed by law for pleading, file such pleading as is proper to present whatever defense which shall be advanced, showing why final forfeiture should not be taken or stating grounds for any relief which may be prayed. When such pleading is filed, such hearing for final judgment or for relief will be assigned for the third Tuesday of the month. If no pleading is filed, or if filed and not presented at the regular time for hearing, such forfeiture shall be entered as by default. All matters on forfeiture or relief on bail bonds shall be heard in open Court on the third Tuesday of the month.

B. When a professional bonding company obtains relief on a forfeited bond by the Court entering an order relieving the surety of further liability upon their payment a judgment plus costs, the said bondsman will make payment of said judgment and costs within thirty (30) days from the date of such order. In the event the bondsman fails to make the payment required, within the time prescribed, the judgment of forfeiture or final judgment heretofore entered against the said bondsman will remain in full force and effect, and the Clerk will proceed against the said bonding company in the manner prescribed by law in such matters. The Clerk will also remove the said bonding company's name from the list of qualified bondsmen.

C. No bondsman or bonding company shall be accepted by the Court who has conditional forfeitures against him or it, in an amount equal to or exceeding the amount or his or its qualifications; nor will any bondsman or bonding company be accepted by this Court who has a final forfeiture bond outstanding against him in any amount, after the term in which such final forfeiture is taken is closed, unless settlement of the forfeiture has been made by the surrendering of the defendant in Court or the payment of the final judgment rendered by the Court on said bond, except that in the discretion of the Court such settlement may be continued from time to time for good cause shown.

D. No individual, professional bondsman, or bonding company is authorized to sign appearance bonds for Criminal Court, exceeding the qualification of said individual, bondsman or bonding company, for any one defendant.

E. The Clerk of the Court will notify the Judges in the event any of the professional bondsmen fail to make the semi-annual report as directed by T.C.A. § 40-1403.

F. Any person or persons, other than professional bondsmen, who desire to qualify to sign a bond or bonds for a defendant's appearance in Criminal Court must meet the following requirements:

1. The property (real estate) to be used as collateral must be free and unencumbered by any lien, mortgage or liability whatever.

2. The value of the property will be determined by doubling the assessment, which value must exceed the amount of the bond or bonds by $1,000.00, due to homestead exemption laws of the State of Tennessee.

3. All parties to the deed of ownership of such property, being used as collateral, must sign both the bond qualification form and the appearance bond. (Both man and wife). The qualification form must be signed in the presence of the Clerk of the Court, his deputy or other person qualified to administer oaths.

G. In the event anyone desires to make a cash deposit in lieu of bail, for an individual's appearance before the Criminal Courts, the official or his deputy accepting the cash deposit shall follow the procedure outlined below:

1. The person making the cash deposit shall be informed that the monies so deposited in lieu of bail becomes the property of the defendant, and is subject to any fines and costs that might be levied against the said defendant.

2. At the time the cash deposit is made, a bound-over bond form shall be marked CASH BOND and executed by the defendant placing his signature and address thereon and the official or his deputy accepting the cash deposit shall ascertain the name and address of the person making the deposit and shall inscribe same on the bond form. The bond form so executed shall accompany the cash deposit when submitted to the Criminal Court Clerk.

3. Personal checks shall not be accepted as a cash deposit in lieu of bail. [Amended effective July 15, 1995.]

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A. All property of any kind or nature, used or to be used on behalf of the State as evidence in the trial of criminal cases, will be kept and maintained under the supervision and control of the District Attorney General. B. As soon as possible after a defendant has been bound to the Grand Jury, all such property except as noted hereinafter will be delivered on a receipt system to the office of the District Attorney General for safe keeping, use as evidence and, at the direction of the Court, for final disposition. C. If such property shall be deemed by the District Attorney General to be too bulky or in too large a quantity for custody or storage by him he will direct the policing agency involved to furnish him a list of such property, along with a complete description thereof, and said policing agency will thereafter be responsible for the storage, custody and production of such property in Court upon trial of the case.

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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.

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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.

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A. Audio-Video-Photographic Equipment.
1. There will be permitted one television camera in a ceiling-mounted stationary location in each courtroom. The design of the facility shall be subject to the approval of the trial judge. Provisions may be made therein for equipment with audio, still photography, and electronic recording capability. All facilities and equipment will be designed, and all activities conducted, so that those in the courtroom will be unaware of the operations.
(a) The video recording will be done with available light and without any movement of camera and/or operator, other than necessary and incidental re-loading and/or similar technical maintenance of an ongoing recording. The audio recording will be done in such a manner that any receiving devices are unobtrusive and there are no wires in any way interfering with court proceedings. The trial judge shall approve the placement of all microphones and wires.

(b) The audio and video system shall be controlled from a mobile van, or similar facility, located outside the building. The operator will at all times be alert to the trial judge's rulings with respect to the suspension of the operation of both the video and/or the audio system as provided herein. The t ial judge will have a control to cut off the system if he deems it necessary.

2. Upon request, communicated through the bailiff, the trial judge may allow wireless audio recording devices to be operated in the courtroom if they are not bulky, obtrusive, or noisy. The operator of any such recording device may sit at any place in the courtroom approved by the trial judge but shall not move from place to place except during recesses. All recording devices must be carried upon the person of the operator and under no circumstances shall be left unattended in any location.

3. No other television, camera, video, audio, electronic recording, and/or photographic equipment or devices will be permitted on the third floor (except within the confines of, and accesses to, the District Attorney's office) at any time during any judicial proceeding. A trial judge may authorize specific exception for investitive or ceremonial events.

4. The three local affiliates of national broadcasting systems will pool the video and audio reception and distribute it without editing to themselves and any other media or persons the trial judge authorizes. The video system must be accessible to news media from outside the Chattanooga area when requested. The audio signal must be available to radio stations. All media persons who desire video or audio recordings of trials may apply to the trial judge for authorization to have access to the video and audio recordings by the single camera and single audio system provided by this Rule.

5. This Rule in no way affects the presence of any and all media persons who wish to attend and record the proceedings by writing, diagram or artistic rendition upon paper of reasonable dimension.

B. Notice, Consent, Limitations.

6. In all criminal proceedings, there will be no photographing, recording or broadcasting by television or radio unless all accused persons shall have affirmatively given their written consent thereto.

7. The trial judge shall notify witnesses, parties and attorneys to a proceeding that is being photographed, recorded, or broadcast that they have a right to object to the media coverage. The judge shall immediately suspend or stop any photographing, recording or broadcasting by television or radio at any time that any witness who is preparing to testify, the parent or guardian of any witness who is a minor, or a party or attorney expressly objects to the photographing, recording or broadcasting by television or radio. Objections by an attorney or party will suspend all further media broadcasts, photographs or recordings. Objections by a witness will suspend media broadcasts, photographs or recordings as to that person only.

8. No juror or prospective juror will be photographed by the video camera or recorded upon the audio system. No juror will be photographed, interviewed or in any way recorded or contacted at any place, in or out of the Court, prior to the conclusion of the trial.

9. There shall be no audio pickup or broadcast of conferences which occur in a court facility between attorneys and their clients, between co-counsel of a client, between counsel and the presiding judge held at the bench or of proceedings held in camera.

10. The trial judge shall immediately suspend or stop any photographing, recording or broadcast as set forth in this Rule whenever in his discretion the proceedings appear in immediate danger of becoming prejudicial.

C. Other Provisions.

11. Interviews of parties, attorneys, witnesses and other participants may not be conducted on the third floor. However, members of the media may contact such persons and request such interviews to be conducted elsewhere, provided that public use of passageways, halls, stairs, and elevators does not become impaired.

12. This Rule does not apply to the use of electronic or photographic means or equipment used in the presentation of evidence, the perpetuation of a record, or other purposes of judicial administration.

13. The provisions of Supreme Court Rule 10, Canon 3A(7) apply hereto. Members of the media covering proceedings in Criminal Court shall familiarize themselves with and abide by the Media Guidelines as set out therein.

14. The foregoing provisions apply to all trials, hearings, and other judicial proceedings, including recesses, in each Division of the Criminal Court in the proposed Courts Building. The provisions also apply to the present Justice Building to the extent that they are physically feasible, subject to such ad hoc modifications as the trial judge may deem appropriate.

15. This Rule shall take effect upon its approval by the Supreme Court of Tennessee. [Adopted effective March 2, 1990.]

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