Local Rule LR 3.3: COMMENCEMENT OF ACTIONS – DIVISION OF COURT
W.D. Tenn. — Civil rule
LR 3.3 COMMENCEMENT OF ACTIONS – DIVISION OF COURT
(a) Divisions of Western District (See 28 U.S.C. § 123). The Eastern Division of the Western District shall be comprised of the following counties: Benton, Carroll, Chester, Crockett, Decatur, Dyer, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, McNairy, Madison, Obion, Perry and Weakley.
The Western Division shall be comprised of the following counties: Fayette, Lauderdale, Shelby and Tipton.
(b) Actions shall be commenced in the division of the District Court set forth in 28 U.S.C. § 123, as follows:
(1) A civil action against a single defendant residing in the District may be brought in either the division where the defendant resides, or in the division in which the claim arose or the event complained of occurred.
(2) A civil action against multiple defendants may be brought in any division of the District in which one of the defendants resides, or in the division in which the claim arose or the event complained of occurred.
(3) If no defendant resides in the District, the action shall be filed in either the division in which any plaintiff resides, or the division in which the claim arose or the event complained of occurred.
(4) For purposes of this rule, a corporation shall be deemed to be a resident of the division in which it has its principal place of business in the District, if it has a place of business in the District.
(5) For purposes of this rule, the United States, federal agencies, the State of Tennessee, and agencies of the State are deemed non-residents of the District. State or federal officials joined solely in their official capacities are deemed residents of the division in which they perform their duties.
(6) Notwithstanding the above provisions, any action seeking to establish an interest in real property shall be filed in the division in which the real property is located.
(c) The filing of an action in an improper division shall not constitute grounds for dismissal of the action. If an action is brought in an improper division, the Court shall transfer the action to a proper division upon motion of a party. The Court also may, in its discretion, transfer the action to another division for the convenience of the Court, parties, witnesses, or in the interest of justice.
(d) All civil cases shall be tried in the division in which the case is filed unless the Court transfers the case to another division.
(e) Western District – Dyersburg. Counsel for a party to a civil action pending in the Eastern Division who desire that the action be tried at Dyersburg must file, within 14 days after answers have been filed to all asserted claims, a request that the action be placed on the Dyersburg trial docket. The request must set out the reasons therefor and must contain a certificate that it has been served on all parties to the action. A response to the request must be filed not later than 14 days after the request is served, and it must state the reasons for objection to the request, if any, and must contain a certificate that it has been served on all parties. Requests and responses shall be separately filed and shall not be included in other pleadings. The Court will rule on such requests without argument. The Court on its own motion may place civil cases on the Dyersburg docket from either division.