212

Rule 46A.: Electronic Service of Papers E-Filed Pursuant to Local Rules of Court.

(1) For purposes of this Rule, the following definations shall apply:

     (a)   “E-file” or “E-filing” means the electronic transmission of documents in cases 
              pending in the court, using the dedicated E-Filing system maintained by the clerk
              of the court.

     (b)   “E-Filer” means a registered user who e-files a document.

     (c)   “E-Filing system” means a system adopted by any Circuit, Chancery, Criminal,
             Probate, Juvenile or General Sessions Court Clerk that allows for the e-filing  of
             documents and  is  in  compliance with  the  technological standards promulgated
             by this Court.

     (d)   “E-service” or “E-served” means the automatically generated electronic
              transmission, by and through an e-filing system, of a notice to all participants in a
              case who are registered users that a document has been e- filed.

      (e)   A “registered user” is a person who has properly registered with and has been
             authorized to use an e-filing system for the e-filing of documents in accordance with
             the requirements of a local rule of court. A registered user is deemed to have
             consented to receive e-service and is responsible for maintaining a valid and
             current e-mail address and keeping same up to date in the e-filing system.

       (f)  “Documents” that may be e-served under this Rule include only those items that
             must be served pursuant to Tenn. R. Civ. P. 5.01, Tenn. R. Crim. P. 49, Tenn. R. Juv.
             P. 106, and any similar General Sessions Court rule.

(2)    Any Circuit, Chancery, Criminal, Probate, Juvenile or General Sessions Court that has,
         by local rule of court, allowed documents to be filed, signed or verified by a registered
         user of an e-filing system shall allow such documents to be e-served. E-service shall
         constitute proper service of the e-filed document on a registered user and shall have
         the same legal effect as service of a paper document under the applicable rules of
         procedure. Independent conventional service of an e-filed document, either by paper
         or otherwise, need not be made by an e-filer on any registered user, unless otherwise
         ordered by the court.

(3)    Any (A) lawyer representing a person, party or participant in the case, or (B) pro se
        person, party or participant in the case, who is either (i) not a registered user of the
        e-filing system or (ii) known by the e-filer not to have been e-served, must be served
        by the e-filer through the conventional means of service set forth in the applicable
        rules of procedure.

(4)    Unless ordered otherwise by the court, a court clerk may, through the e-filing system,
        transmit to registered users all notices, orders, opinions, or judgments filed by the
        court or court clerk, which transmission shall constitute proper service and shall satisfy
        the notice requirements of Tenn. R. Civ. P. 58 or any other applicable rules of
        procedure.

(5)    The court has the discretion, for good cause shown, to order that service, other than
         e-service, be required in a particular case.

Back to Top