Rule 46A Electronic Service of Papers E-Filed Pursuant to Local Rules of Court
Rule Text
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(1) For purposes of this Rule, the following definitions 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.