(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.
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(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.
