UPDATE as of January 15, 2021 -- ORDER EXTENDING STATE OF EMERGENCY, SUSPENSION OF JURY TRIALS, AND SUSPENSION OF IN-PERSON COURT PROCEEDINGS
Tennessee Supreme Court extends order for no jury trials or in-person court proceedings through March 31
(WJLE - January 21, 2021) No jury trials or in-person court proceedings except for emergency matters can take place in DeKalb County or anywhere else in Tennessee at least through March 31 due to COVID 19.
The Tennessee Supreme Court announced last Friday, January 15 that it has extended its no jury, no in-person proceedings order, except when exceptions are granted on a case-by-case basis.
Although many litigants have become frustrated because of the delays in getting their cases before the courts, DeKalb County General Sessions and Juvenile Court Judge Bratten Cook, II and Circuit Court Clerk Susan Martin said Wednesday that judges and court clerks have no choice but to comply with the Supreme Court’s order.
“Back in December, the Supreme Court of Tennessee extended the state of emergency for the judicial branch and that particular order said there would be no in-court proceedings at least through January 31, 2021 except for emergency matters. That particular order listed the various exceptions where a court could conduct an in-court proceeding and those are basically emergency type matters. For example bond hearings on persons who are incarcerated. plea agreements for incarcerated people; orders of protection; Department of Children Services emergency matters like the removal of children. For things like that you can have in-person court and we are doing that although most of those types of hearings I have held by Zoom which has certainly been better than in-person. Last week, January 15 the Supreme Court filed an order that left the state of emergency in effect and the suspension of in-court proceedings until at least April 1. There will be no in-court proceedings through March 31 and that is not just the General Sessions and Juvenile Courts but Circuit Court and Chancery Court and this order applies across the state of Tennessee, not just DeKalb County or our judicial district,” said Judge Cook.
“My heart goes out to all of those that have been affected by this order and I want nothing more than to be able to help them during this time but I have to obey the Tennessee Supreme Court Order. I appreciate everyone’s patience and understanding during this difficult time and just know that I am and will work diligently to get your cases before the Judges as quickly as possible when the court system reopens,” said Circuit Court Clerk Martin.
“If anyone has a case set to be heard during this time (through March 31) you need to call my office toward the end of March and hopefully get your new court date. If you were scheduled to appear before Judge Tiffany Gipson on February 1 at 11:00 a.m. your new court date is May 3 at 11:00 a.m. My office is open and available to everyone during this time. If anyone has a need to come to the courthouse you need to call when you get here so that someone can meet you at the door and this is for all offices in the courthouse; the numbers are posted on each door,” added Martin.
“I know it is so frustrating to litigants whether you have a civil case or criminal case to not be able to get the case heard and sometimes our Circuit Court Clerk Susan Martin and Clerk and Master Debra Malone get the brunt of the public criticism but they are frustrated like we all are. They are not responsible. This Supreme Court order is the reason that the cases are not being heard and I can tell you none of the judges are going to violate that order. We will work around it as best we can and with Zoom. Hopefully, April 1 the courts will open back up for in-person proceedings,” said Judge Cook.
The judge said he sympathizes with victims of crime and others with civil and criminal cases that need to be heard as well as landlords concerned about eviction or detainer actions.
“The Centers for Disease Control (CDC) last year put down a nationwide moratorium on detainer actions along with the Supreme Court. The thinking was that this was no time to put somebody out on the sidewalk (eviction) because of the financial strain COVID has been on so many people although I understand it is also a financial strain on landlords because many of them owe on their rental property and the banks are looking for payment every month and if the renters are not paying its putting a real burden on them,” he said.
“For those landlords who have rental property that consists of single family homes or residential property, there can be no detainer actions heard at all, whether by in-person or Zoom, or any other way until at least April 1. Tenants are still obligated under the Supreme Court order to continue paying rent but there currently can’t be any detainer action and consequently no writs of possession where the sheriff comes out and actually moves someone out. That only applies to rental property that is used for residential purposes. That does not apply to business rental property,” Judge Cook said.
When in-person court proceedings eventually resume, Judge Cook said it will take some time to work through the backlog of cases.
“We are handling as much as we can through Zoom and what few limited in-person hearings we are able to do but this affects not just the General Sessions and Juvenile Courts but the Circuit and Chancery Courts which in the 13th Judicial District covers seven counties including DeKalb so unfortunately for those waiting on car wreck cases, divorce cases, custody cases and things like that it may be many months after the courts open back up before those cases can ever get back on the docket. I just want everybody to know we have no control over it. I do not. Our other judges do not. The clerks do not. We just have to honor what the Supreme Court says,” said Judge Cook.
Read the Order here.
Tennessee Supreme Court extends order for no jury trials or in-person court proceedings through March 31
(WJLE - January 21, 2021) No jury trials or in-person court proceedings except for emergency matters can take place in DeKalb County or anywhere else in Tennessee at least through March 31 due to COVID 19.
The Tennessee Supreme Court announced last Friday, January 15 that it has extended its no jury, no in-person proceedings order, except when exceptions are granted on a case-by-case basis.
Although many litigants have become frustrated because of the delays in getting their cases before the courts, DeKalb County General Sessions and Juvenile Court Judge Bratten Cook, II and Circuit Court Clerk Susan Martin said Wednesday that judges and court clerks have no choice but to comply with the Supreme Court’s order.
“Back in December, the Supreme Court of Tennessee extended the state of emergency for the judicial branch and that particular order said there would be no in-court proceedings at least through January 31, 2021 except for emergency matters. That particular order listed the various exceptions where a court could conduct an in-court proceeding and those are basically emergency type matters. For example bond hearings on persons who are incarcerated. plea agreements for incarcerated people; orders of protection; Department of Children Services emergency matters like the removal of children. For things like that you can have in-person court and we are doing that although most of those types of hearings I have held by Zoom which has certainly been better than in-person. Last week, January 15 the Supreme Court filed an order that left the state of emergency in effect and the suspension of in-court proceedings until at least April 1. There will be no in-court proceedings through March 31 and that is not just the General Sessions and Juvenile Courts but Circuit Court and Chancery Court and this order applies across the state of Tennessee, not just DeKalb County or our judicial district,” said Judge Cook.
“My heart goes out to all of those that have been affected by this order and I want nothing more than to be able to help them during this time but I have to obey the Tennessee Supreme Court Order. I appreciate everyone’s patience and understanding during this difficult time and just know that I am and will work diligently to get your cases before the Judges as quickly as possible when the court system reopens,” said Circuit Court Clerk Martin.
“If anyone has a case set to be heard during this time (through March 31) you need to call my office toward the end of March and hopefully get your new court date. If you were scheduled to appear before Judge Tiffany Gipson on February 1 at 11:00 a.m. your new court date is May 3 at 11:00 a.m. My office is open and available to everyone during this time. If anyone has a need to come to the courthouse you need to call when you get here so that someone can meet you at the door and this is for all offices in the courthouse; the numbers are posted on each door,” added Martin.
“I know it is so frustrating to litigants whether you have a civil case or criminal case to not be able to get the case heard and sometimes our Circuit Court Clerk Susan Martin and Clerk and Master Debra Malone get the brunt of the public criticism but they are frustrated like we all are. They are not responsible. This Supreme Court order is the reason that the cases are not being heard and I can tell you none of the judges are going to violate that order. We will work around it as best we can and with Zoom. Hopefully, April 1 the courts will open back up for in-person proceedings,” said Judge Cook.
The judge said he sympathizes with victims of crime and others with civil and criminal cases that need to be heard as well as landlords concerned about eviction or detainer actions.
“The Centers for Disease Control (CDC) last year put down a nationwide moratorium on detainer actions along with the Supreme Court. The thinking was that this was no time to put somebody out on the sidewalk (eviction) because of the financial strain COVID has been on so many people although I understand it is also a financial strain on landlords because many of them owe on their rental property and the banks are looking for payment every month and if the renters are not paying its putting a real burden on them,” he said.
“For those landlords who have rental property that consists of single family homes or residential property, there can be no detainer actions heard at all, whether by in-person or Zoom, or any other way until at least April 1. Tenants are still obligated under the Supreme Court order to continue paying rent but there currently can’t be any detainer action and consequently no writs of possession where the sheriff comes out and actually moves someone out. That only applies to rental property that is used for residential purposes. That does not apply to business rental property,” Judge Cook said.
When in-person court proceedings eventually resume, Judge Cook said it will take some time to work through the backlog of cases.
“We are handling as much as we can through Zoom and what few limited in-person hearings we are able to do but this affects not just the General Sessions and Juvenile Courts but the Circuit and Chancery Courts which in the 13th Judicial District covers seven counties including DeKalb so unfortunately for those waiting on car wreck cases, divorce cases, custody cases and things like that it may be many months after the courts open back up before those cases can ever get back on the docket. I just want everybody to know we have no control over it. I do not. Our other judges do not. The clerks do not. We just have to honor what the Supreme Court says,” said Judge Cook.
Read the Order here.
UPDATE as of December 14, 2020 -- Judges Order Temporary Suspension of In-Person Proceedings in all DeKalb Courts
Due to a COVID-19 outbreak among court staff and officers, in-person proceedings in all DeKalb County Courts are being temporarily suspended from the close of business Tuesday, December 15 to Monday, January 18.
Ronald Thurman, Chancellor and Presiding Judge in the 13th Judicial District and Gary McKenzie, Criminal Court Judge and Presiding District Judge Pro Temp signed the order Monday, December 14.
Under the court’s order, “All in-person proceedings in all state and local courts in DeKalb County, including, but not limited to, municipal, juvenile, general sessions, and state trial courts are hereby suspended from the close of business Tuesday, December 15, 2020 until 8:00 a.m. on Monday, January 18. 2021”.
“The judiciary of this district has monitored developments related to the COVID-19 pandemic closely. In recognition of an outbreak among court staff and officers, and consistent with the obligations imposed by the Tennessee Supreme Court’s order of March 25, 2020, the undersigned (Chancellor Thurman and Judge McKenzie) deem it necessary and appropriate at this time to take temporary measures to balance the interests of justice with the interests of public health,” the order stated.
According to Circuit Court Clerk Susan Martin, if you were scheduled for a Wednesday or Thursday appearance in General Sessions Court between December 15 and January 18 your new court date is Wednesday January 20 and Thursday, January 21.
If you were scheduled to be in Criminal Court before Judge Gary McKenzie on January 13 your new court date is February 19.
The DeKalb County Circuit Court Clerks Office remains open weekdays between December 15 and January 18 except for December 23-25 and January 1.
Martin asks that if you need services from the Circuit Court Clerk’s Office but have been tested positive for COVID-19 or have been in contact with someone within the past 10 days who has had a positive test, please do not enter the courthouse. Call the office at 615-597-5711 or take advantage of the online services at http://www.dekalbtennessee.com/circuitcourtclerk.html
The temporary suspension order provides for a few exceptions.
The following in-person proceedings shall continue as scheduled:
“Proceedings necessary to protect the constitutional rights of criminal defendants, including bond related matters and plea agreements for incarcerated individuals;
Proceedings related to relief from abust, including but not limited to orders of protection;
Proceedings related to emergency child custody orders;
Department of Children’s Services emergency matters related to child protection;
Proceedings related to petitions for temporary injunctive relief;
Proceedings related to emergency mental health orders;
Proceedings related to emergency protection of elderly or vulnerable persons;
Other exceptions as approved by the presiding judge of the 13th Judicial District”.
Judges’ offices and court clerks offices shall remain open during this temporary suspension. Physical access to these offices is hereby restricted during the suspension of proceedings contemplated by this order, though offices shall remain accessible by telephone.
Judges shall work with local law enforcement and other county officials to ensure that, to the extent possible, courthouses remain accessible to carry out essential constitutional functions and time sensitive proceedings.
Under the terms of this order, the courts of DeKalb County remain open consistent with the Judicial Branch’s obligation to mitigate the risks associated with COVID-19.”
Due to a COVID-19 outbreak among court staff and officers, in-person proceedings in all DeKalb County Courts are being temporarily suspended from the close of business Tuesday, December 15 to Monday, January 18.
Ronald Thurman, Chancellor and Presiding Judge in the 13th Judicial District and Gary McKenzie, Criminal Court Judge and Presiding District Judge Pro Temp signed the order Monday, December 14.
Under the court’s order, “All in-person proceedings in all state and local courts in DeKalb County, including, but not limited to, municipal, juvenile, general sessions, and state trial courts are hereby suspended from the close of business Tuesday, December 15, 2020 until 8:00 a.m. on Monday, January 18. 2021”.
“The judiciary of this district has monitored developments related to the COVID-19 pandemic closely. In recognition of an outbreak among court staff and officers, and consistent with the obligations imposed by the Tennessee Supreme Court’s order of March 25, 2020, the undersigned (Chancellor Thurman and Judge McKenzie) deem it necessary and appropriate at this time to take temporary measures to balance the interests of justice with the interests of public health,” the order stated.
According to Circuit Court Clerk Susan Martin, if you were scheduled for a Wednesday or Thursday appearance in General Sessions Court between December 15 and January 18 your new court date is Wednesday January 20 and Thursday, January 21.
If you were scheduled to be in Criminal Court before Judge Gary McKenzie on January 13 your new court date is February 19.
The DeKalb County Circuit Court Clerks Office remains open weekdays between December 15 and January 18 except for December 23-25 and January 1.
Martin asks that if you need services from the Circuit Court Clerk’s Office but have been tested positive for COVID-19 or have been in contact with someone within the past 10 days who has had a positive test, please do not enter the courthouse. Call the office at 615-597-5711 or take advantage of the online services at http://www.dekalbtennessee.com/circuitcourtclerk.html
The temporary suspension order provides for a few exceptions.
The following in-person proceedings shall continue as scheduled:
“Proceedings necessary to protect the constitutional rights of criminal defendants, including bond related matters and plea agreements for incarcerated individuals;
Proceedings related to relief from abust, including but not limited to orders of protection;
Proceedings related to emergency child custody orders;
Department of Children’s Services emergency matters related to child protection;
Proceedings related to petitions for temporary injunctive relief;
Proceedings related to emergency mental health orders;
Proceedings related to emergency protection of elderly or vulnerable persons;
Other exceptions as approved by the presiding judge of the 13th Judicial District”.
Judges’ offices and court clerks offices shall remain open during this temporary suspension. Physical access to these offices is hereby restricted during the suspension of proceedings contemplated by this order, though offices shall remain accessible by telephone.
Judges shall work with local law enforcement and other county officials to ensure that, to the extent possible, courthouses remain accessible to carry out essential constitutional functions and time sensitive proceedings.
Under the terms of this order, the courts of DeKalb County remain open consistent with the Judicial Branch’s obligation to mitigate the risks associated with COVID-19.”
UPDATE as of November 19, 2020 -- Reminder that Face Coverings Are Required in Courtrooms and Courthouse Clerks' Offices along with Temperature Checks
As a reminder from the Court Clerk’s office, the Tennessee Supreme Court Order reiterates that the Court’s July 9 Order mandating face coverings for all persons who enter the courthouse for court-related business is still in full effect and prohibits anyone with COVID-19 from participating in an in-person proceeding. In addition, the Order directs judges to schedule and conduct in-person hearings in a manner that minimizes wait times in courthouse hallways, which often have limited space for social distancing.
Anyone with a fever, cough, flu like symptoms, or recent exposure to the virus should contact the Court Clerk’s office before arrival. Please also tell court staff if you have been diagnosed with COVID-19 or if you live with or are in close proximity with someone who has been diagnosed. Documentation of testing or from a physician is required.
In an effort to help minimize the spread of COVID-19, temperature checks will be performed at security screening stations for everyone who enters. Please allow extra time for these safety measures.
As a reminder from the Court Clerk’s office, the Tennessee Supreme Court Order reiterates that the Court’s July 9 Order mandating face coverings for all persons who enter the courthouse for court-related business is still in full effect and prohibits anyone with COVID-19 from participating in an in-person proceeding. In addition, the Order directs judges to schedule and conduct in-person hearings in a manner that minimizes wait times in courthouse hallways, which often have limited space for social distancing.
Anyone with a fever, cough, flu like symptoms, or recent exposure to the virus should contact the Court Clerk’s office before arrival. Please also tell court staff if you have been diagnosed with COVID-19 or if you live with or are in close proximity with someone who has been diagnosed. Documentation of testing or from a physician is required.
In an effort to help minimize the spread of COVID-19, temperature checks will be performed at security screening stations for everyone who enters. Please allow extra time for these safety measures.
Courts and Dockets ...
The motion dockets available on this website are for informational purposes only. Additions and modifications will be reflected only on the original dockets and not on this website. General Sessions Civil Dockets are usually available by noon the day preceding a court date. We will post preliminary dockets as they become available. Dockets are subject to change without notice. Please note these online dockets are not the official court dockets and should not be used for legal purposes.
General Sessions Court
Traffic tickets (DeKalb County and Tennessee Highway Patrol), misdemeanor charges, small claims court, orders of protection, detainer warrants, TWRA citations, misdemeanor expungements, including, but not limited to, cases not otherwise specified.
Traffic tickets (DeKalb County and Tennessee Highway Patrol), misdemeanor charges, small claims court, orders of protection, detainer warrants, TWRA citations, misdemeanor expungements, including, but not limited to, cases not otherwise specified.
General Sessions Court Dockets
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Wednesday, December 2, 2020
General Sessions Criminal Docket Thursday, December 3, 2020 General Sessions Criminal Docket Wednesday, December 9, 2020 General Sessions Criminal Docket Thursday, December 10, 2020 General Sessions Criminal Docket 
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Wednesday, November 4, 2020
General Sessions Criminal Docket Thursday, November 5, 2020 General Sessions Criminal Docket Monday, November 9, 2020 General Sessions Criminal Docket Thursday, November 12, 2020 General Sessions Criminal Docket Wednesday, November 18, 2020 General Sessions Criminal Docket Thursday, November 19, 2020 General Sessions Criminal Docket |
Circuit Court - Civil
Divorce records, child support, adoptions, workers' compensation suits, including, but not limited to, cases not otherwise specified.
Divorce records, child support, adoptions, workers' compensation suits, including, but not limited to, cases not otherwise specified.
Circuit Court - Criminal
Including, but not limited to, felony convictions, appeals and bound overs from General Sessions Court.
Including, but not limited to, felony convictions, appeals and bound overs from General Sessions Court.
Criminal Court Dockets
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Thursday, November 5, 2020 - RESET FOR MONDAY, NOVEMBER 16 due to COVID outbreak in the Circuit Court Clerk's office
Circuit Criminal Dockets Monday, November 16, 2020 Circuit Criminal Dockets |
Juvenile Court
Any judicial proceedings involving a child who is under the chronological age of eighteen (18) years, and who has not been previously transferred to adult court. All records are sealed.
Any judicial proceedings involving a child who is under the chronological age of eighteen (18) years, and who has not been previously transferred to adult court. All records are sealed.
DeKalb County Circuit Court | 1 Public Square - Room 201 | Smithville, Tennessee 37166
615-597-5711 | Fax: 615-597-9919 | Jury Information: 615-464-6590
Office Hours: Monday - Friday -- 8:00am - 4:30pm
615-597-5711 | Fax: 615-597-9919 | Jury Information: 615-464-6590
Office Hours: Monday - Friday -- 8:00am - 4:30pm