With the Tennessee Supreme Court extending its suspension of in-person hearings through April 30, the Montgomery County General Sessions Court has developed new procedures for handling Motions to Amend Conditions of Release, Motions to Recall Capiases (“Blue Motions”), and cases that are scheduled to be dismissed in April:
Motions to Amend Conditions of Release in Domestic Violence Cases
Starting March 30, 2020, all motions seeking to amend the conditions of release of defendants charged with domestic assault must include:
1. A signed, notarized affidavit from the alleged victim stating that he or she wants to amend the conditions of release to permit the defendant to have contact with him or her; and
2. A certification from the defendant’s lawyer that he or she will personally read the amended order to the defendant, including the bond amount if violated, should the Court grant the Motion.
Once filed, the Court will review the Motion and enclosures without a hearing and decide the Motion based upon the parties’ criminal history and the nature and substance of the allegations, hopefully within one business day after the Motion is filed.
Motions to Recall Capias (“Blue Motions”)
Judges will now accept and decide “Blue Motions,” but only those filed by attorneys. The traditional $75.00 fee charged for setting aside capiases (or arrest warrants for failing to appear in court) will be added to the defendant’s court costs if it isn’t waived. If the Judge grants the Motion, the clerk’s office will forward a copy of the Order granting the Motion to the Montgomery County Jail, and the case will be set for a docket call in mid-May.
Cases Set for Dismissal
For all cases ripe for dismissal in April, defense counsel should submit a Judgment of Dismissal to the clerk’s office along with an email from the Assistant District Attorney indicating his agreement to the dismissal.
As the situation is ongoing, we will continue to post updates as they become available. You can review the March 30, 2020 Memorandum from Judge Goble by clicking here.