Chancery Court Rules

Rule 12.  Reference to the Master or To the Divorce Referee

            (a) At the hearing of a cause, or upon motion, a matter may be referred to the Master in accordance with the provisions of Rule 53 TRCP, or to a Divorce Referee in accordance with Section 9, Chapter 161, Private Acts, 1973.

            (b) The court may appoint a Special Master and refer specific issues of law or fact. A Special Master shall receive such compensation as may be fixed by the Court to be taxed as part of the Court costs.

            (c) Reports of the Master, except Reports of Sale and Resale, shall be made in conformity with Rule 53.04 TRCP, which rule shall also be applicable to reports of the Divorce Referee. All reports of the Master, other than Reports of Sale and Resale, not excepted to within ten (10) days as required by Rule 53.04(2) will be subject to confirmation by the Court. All exceptions or objections to the report of the Master will be heard pursuant to motion. Exceptions will be heard based upon the record of proceedings before the Master. There shall be no additional proof introduced unless directed by the Court.

            (d) Appeals from a Divorce Referee's ruling shall be made by written motion within ten (10) days of the referee's oral or written ruling, and shall be placed on the Motion Docket of the Court to which the case is assigned or specially set by fiat. The motion shall specifically set forth what the movant seeks and where the divorce referee was in error. The referee's oral or written ruling on the pendente lite award shall be in effect and enforceable pending the appeal.  Appeals shall be heard based on the record of the proceedings before the divorce referee. There will be no additional proof introduced unless directed by the Court.

            (e) Report of Sale and Resale will be confirmed in accordance with Rule 53.04 TRCP subject to the right of an advance bid provided by T.C.A. 66-8-107.
 

Rule 14. Divorce or Separate Maintenance Trials

            (a) In suits for divorce of separate maintenance where there is a property settlement or marital dissolution agreement, said agreement should be filed in the case at the time the case is entered on the Attorney's Trail Docket or prior thereto.

            (b) If there is no property settlement or marital dissolution agreement, any party seeking alimony or child support shall file a sworn statement, not less than thirty (30) days before the hearing date, setting forth the applicant's income needs and expenses showing the purpose and amount and, if known, the income of the respondent. Not less than twenty (20) days before the hearing date, the respondent shall file a like sworn statement showing income, needs and obligations. 
 

            (c)In contested divorces, where the division, description or value of marital assets is in dispute, at least fifteen (15) days before the hearing, the attorneys shall exchange their list for marital assets with a value placed on each asset; these lists of assets shall be filed with the Court at the time of exchange. 
            
            (e) In contested divorces where there is a custody dispute, the attorneys shall file notice of this fact and if either side thinks that a psychological or other evaluation or investigation is needed, the Court should be so informed at least thirty (30) days prior to the hearing.

            (f) See Rule 12(d) regarding appeals from Divorce Referees rulings.