Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-02 - Administrative Division
Chapter 1340-02-02 - Rules of Procedure for Asset Forfeiture Proceedings
Section 1340-02-02-.03 - STYLE, FILING AND SERVICE OF PLEADINGS AND OTHER ITEMS
Current through September 24, 2024
(1) All pleadings and other items required to be filed with the Legal Division and the Appeals Division by a time certain shall be filed by delivery in person or in any other manner, including mail or facsimile transmission, so long as they are actually received within the required time period. Any document received after regularly scheduled business hours shall be date stamped as of the next business day. Regularly scheduled business hours for the Legal Division are as follows: For the Central Time region of Tennessee 8:00 A.M.-4:30 P.M. C.S.T. (C.D.S.T.) and for the Eastern Time region of Tennessee 8:00 A.M.-4:30 P.M. E.S.T.(E.D.S.T.)
(2) A claim filed by facsimile transmission must be accompanied by a cost bond or a pauper's oath in accordance with Rule1340-02-02-.07 (5)(d), and (5)(e).
(3) Discovery materials that are not actually introduced as evidence need not be filed, except as set forth in Rule1340-02-02-.13(3).
(4) A party shall serve copies of any filed item on all parties, by hand delivery, by mail or by any other means allowed by Rule 5 of the Tennessee Rules of Civil Procedure. Each pleading or other item shall contain a certificate of service indicating that copies have been served upon all parties. The administrative judge conducting the contested case proceeding must also be served.
(5) A "Notice of Hearing" filed by the Legal Division in compliance with T.C.A. § 4-5-307(b) shall bear a caption and include a department assigned contested case number. All subsequent pleadings or other items filed must bear this same caption and the contested case number. All claims filed on a particular seized property shall receive the same contested case number.
Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.