Davidson County
Circuit, Probate and General Sessions-Civil
E-Filing Rules
1. Short Title
These rules may be cited as the “Davidson County – Circuit, Probate and General Sessions-Civil Courts E-filing Rules.”
2. Definitions
The following words or phrases used in these Rules are defined as follows:
a) "Court" means the Court of Davidson County - Circuit, Probate, General Sessions-Civil, including all of the divisions of the Clerk’s Office of the Court (“Court Clerk”). When specificity is needed, the Office of the Clerk of Court (“Court Clerk”) may be referenced separately.
b) “Electronic Filing” (“E-Filing”) means the electronic transmission of documents to the Court, and from the Court, for the purposes of filing.
c) “Electronic Service” (“E-Service”) means the electronic transmission and notification of documents to a party, attorney or representative under these rules. Electronic service does not include service of process or summons to gain jurisdiction over persons or property.
d) “eFlex” refers to the service provider used by the Court for E-Filing and E-Service of documents via the internet.
Filer’ means the person whose user id and password are used to file an electronic document.
f) Traditional Filing” means filing of physical paper documents with the Clerk’s Office.
g) “User” refers to non-Court personnel designated in these E-Filing Rules who are properly registered with eFlex and meet one or more of the authorized categories for use of eFlex, and agree to the E-Filing Rules and agree to abide by the understandings, duties and waivers contained therein.
3. Scope of Rules
a) Use of eFlex for E-Filing and E-Service delivery of notification of documents is intended to be consistent with and in accordance with T.R.C.P. 5 and 5B and Tennessee Code Annotated, Title 16, Chapter 15, Part 7. Users agree to comply with E-Filing and E-Service requirements set out by law.
b) The Court may at any time revise the E-Filing Rules, policies and procedures as needed to comply with changes in law or legal interpretation, and to facilitate use or to more accurately and efficiently create a record of the case, without notice. Users are responsible for reviewing the E-Filing Rules for revision.
c) The Court Clerk maintains the official case file in electronic formats. Documents submitted to the Court are maintained by the Court in accordance with the Tennessee Open Records Act.
4. No Warranty
a) Every effort is made to provide accurate and current information thru eFlex. However, due to updates and resources, there may be times that the system is down which will result in outdated/inaccurate information. The Circuit Court Clerk makes no warranties regarding the availability of the eFlex system or the accuracy, reliability, or content of the information provided.
b) Due to the complex nature of the internet, the Circuit Court Clerk does not warrant that access to eFlex or the operation or performance of the system will be uninterrupted or error-free. The operation of eFlex is subject to limitations, delays, and problems inherent with the internet. The Circuit Court Clerk will use reasonable efforts to notify and cure any such defects.
c) Refer to the Court’s Local Rules regarding the effect of any statute of limitations when the eFlex system is down or inoperable.
5. Authorized Users
For the purpose of accessing eFlex over the internet, only the following members of the general public are authorized to register as “eFlex Users”:
a) Attorneys licensed to practice in the State of Tennessee in good standing.
b) Attorneys admitted to practice on a case pro hac vice.
c) Pro se (indigent) litigants.
d) Authorized agencies that have a legal duty to file Court documents.
6. User Understanding and Account Maintenance Obligations
a) Only persons who are authorized Users and who seek to E-File or E-Serve may register for an eFlex account, and only for Court filings on cases before the Court for whom they are attorney of record, an active party, or authorized agent. A User who knowingly authorizes or permits his or her user name or password to be utilized by another is fully responsible for said transmissions and communications over eFlex.
b) Authorized persons may register for an eFlex account.
c) Upon receipt of a properly executed “click through” User Agreement, the User will create a confidential password for the system which will be used to submit documents for E-Filing.
d) By use of eFlex, the User understands and agrees that the use of a login process with a user name and password followed by an approval process serves as a replacement of a signature on filed documents and serves as an “electronic signature” under T.C.A. §16-1-115. Every pleading, document, and instrument electronically filed or served shall be deemed to have been signed by the Filer and shall bear the typed name, address, and telephone number of the Filer, and the Bar Number of the Filer if submitted by an attorney.
e) Users of the system shall immediately update through eFlex any change in user name, delivery address, telephone number, fax number, and/or e-mail address. In addition to updating any change in eFlex, attorneys must at the same time notify the Bar Association of the change.
f) Contemporaneously with the electronic filing of an Estate that includes a Will, the User will be required to submit the original paper copy of the Will to the Court. Unless and until the original paper copy of the document is received by the Court in these cases, the submitting User will NOT be deemed to have properly filed the document. The burden rests with the User to ensure that the Court has received the original paper copy of the document prior to any Court dates or filing deadlines.
g) User agrees to regularly monitor the eFlex notifications, filing statuses, associated e-mail accounts and attempted eFlex logins. The IP address for each attempted login will be documented for additional security.
h) User is responsible for immediately notifying the Office of Circuit Court Support at (615) 862-4444 in the event of any suspected fraudulent use of the eFlex account.
i) User may request electronic filing technical assistance weekdays from 8:00 a.m. until 4:30 p.m. (excluding holidays) by calling the Office of Circuit Court Clerk Support at (615) 862-4444 and/or by e-mail at efilesupport@nashville.gov.
j) These E-Filing Rules remain in place and are binding upon the User as long as the User remains a registered user of the eFlex electronic filing system. Users may be prevented from using the eFlex system for violation of the E-Filing Rules by the Court Clerk.
7. Format of Documents
a) For some documents, parties will be prompted to complete a pleading form which requires the input of certain requested information or the selection of an applicable box/menu item. The electronic document title of each pleading or other document shall include:i. Party or parties filing/serving the document,
i i. Nature of the document,
i i i. Party or parties against whom relief, if any, is sought; and
i v. Nature of the relief sought.
b) For certain documents, parties are to prepare a paper copy of the document to be E-Served, and are to save or upload a scanned copy of the document (in PDF format) to eFlex. Submitting a scanned copy by e-mail to the Court Clerk will NOT be sufficient for E-Service.c) When instructed by the Court, parties shall submit the official paper copy of the document to the Court in the manner directed by the Court.d) All electronically filed and served pleadings shall be formatted in Word or PDF and shall conform to the Tennessee Rules of Civil Procedure and Local Rules governing formatting of paper documents, and in such other and further format as the Court may require.8. Electronic Notification and Delivery of Documents
a) User agrees and consents that the e-mail address provided in the account request and maintained in the User’s eFlex user profile supersedes the Court’s Case Management System for the purpose of electronic notification resulting in effective notification and delivery of filed documents.b) Delivery of E-Service notifications and documents through eFlex to other registered Users shall be considered valid and effective service and shall have the same legal effect as proper service of an original paper document, thereby replacing the need for most paper notifications except when required by law (e.g., for a Complaint, Petition, or other document that must be served with a Summons or Subpoena). Furthermore, when instructed by the Court, User must submit an original paper copy of any document to the Court for filing to be completed.c) E-Service delivery of notifications and documents shall be deemed complete when the transmission to eFlex is completed and User receives notification.d) Users and parties who register with eFlex consent to receive E-Service delivery of notifications and documentation and will be deemed to have waived other service, EXCEPT when physical service of paper Subpoena or Summons is required by law, in which case physical service shall be completed, in addition to E-Service.e) User agrees to accept electronic notices through e-mail as a courtesy notification of a document filed with the Court.f) User agrees that the official electronic Court notifications are maintained only through eFlex. Therefore, User consents to accept e-mail notifications of a hearing or trial as valid notice, and will be deemed to have waived other service.9. Time and Effect of E-Filing
a) Users may file electronic documents through eFlex twenty-four (24) hours a day, seven (7) days per week, except when the eFlex system is down for maintenance, etc.b) Any pleading filed electronically shall be considered as filed with the Court when the transmission to eFlex is complete.c) Any document e-filed by 11:59 p.m. shall be deemed filed on that date.d) eFlex is an agent of the Court for the purpose of electronic filing, receipt, service and retrieval of electronic documents.e) Upon completion of filing, eFlex shall issue a confirmation receipt that includes the date and time of receipt. The confirmation receipt shall serve as proof of filing.f) In the event the Court Clerk rejects the submitted documents following review due to substantive defects that prevent the document from being filed, the documents shall not become part of the official Court record and the Filer will receive notification of the rejection.i. Users may be required to re-file the instrument(s) to meet necessary filing requirements.
10. Payment of Filing Fees
Registered Users shall pay statutory filing and service fees electronically for any e-filed documents submitted to the Court through eFlex. Filing fees are due and payable at the time of filing unless the party is approved to proceed in indigent status by the Court.
11. Traditional Filing
Papers that are filed by “traditional filing” means will be converted to electronic format.
a) If filed at the counter, the traditional papers will be scanned and returned to the Filer, if requested. Otherwise, the traditional papers will be destroyed after converting to electronic format.b) If filed by mail or courier, the traditional papers will be scanned and returned to the Filer only if accompanied by a self-addressed, stamped envelope with sufficient postage for the return. Otherwise, the traditional papers will be destroyed after converting to electronic format.c) Once converted, the electronic format of the document is the official Court record.d) If exhibits are submitted, the Clerk may maintain the exhibits by traditional means or by electronic means where appropriate.e) In accordance with General Sessions Local Rules, all appeals must be filed in paper form with the General Session’s Clerk.12. System Use
a) All documents submitted by e-filing and information provided to the eFlex system by Filers are subject to the Tennessee Open Records Act and may only be designated as confidential or sealed pursuant to T.C.A., TRCP, Local Rule or Court Order.b) In the event the eFlex system is unavailable, Filer agrees that time-sensitive documents should be traditionally filed with the Clerk during normal office business hours in order to meet any applicable statutes. At the Court’s discretion, the provisions of T.R.C.P. 6.01 may apply to the extent the Clerk’s Office is inaccessible due to unavailability of the eFlex system.13. File Size Limitation for All Electronic Filings
Electronic filings will be limited to a maximum of 10mb per submission.
a) Any issues with document size restrictions should be referred to the Office of Circuit Court Clerk Support at (615) 862-4444 (excluding holidays) and/or by e-mail at efilesupport@nashville.gov.