Franklin County Court Records Lookup

Franklin County Courts, TN *

Residents of Middle Tennessee's Franklin County, on the border with Alabama, need to understand how the county court system works to access records such as criminal trials, traffic tickets, and wills or estates. Residents may also need to file a lawsuit in the county for a landlord-tenant dispute, a contract dispute, or a divorce or child custody issue. Knowing how the Franklin County court system works can save residents time, money, and frustration.

How to Access Franklin County Court Records

Online Access

Only a few counties in Tennessee offer online access to court records, and no statewide database exists. While Franklin County offers online access to court dockets, residents cannot search cases using a state or county database. Residents who need to access specific court cases may need to visit the Franklin County Courthouse in Winchester.

Alternative Online Options

For Franklin County residents who need to search for cases online, there is an alternative platform they can use. CourtCaseFinder accesses court records from across Tennessee and the nation. Residents may be able to use the platform to look at wills or estates, divorce and child custody records, or criminal case records. It is a great alternative for states that may not offer online access to court records.

In-Person Requests

Sometimes residents have no choice but to visit the Franklin County Courthouse in person. For example, people may need to ask a court clerk for certified copies of court records for legal, financial, or governmental agencies, such as a certified copy of a divorce ruling or an estate ruling. Some documents require in-person review with a court clerk. Residents may also need to view archived court documents or inquire about their location. People can inquire in person about court procedures or how to file court documents.

Archived Records

Once a judge decides or dismisses a case, the court no longer needs it. At that point, it is considered an archived case and, depending on the court system, may eventually be stored in the Franklin County Courthouse or at another offsite location. The first stop residents should make when looking for archived records is the County Courthouse. Because Franklin County was founded over 200 years ago, citizens can also find older archived court cases in the Tennessee Archives in Nashville.

Overview of the Franklin County Court System

The Tennessee Supreme Court acts as the highest court in the state and the court of last resort for all appeals. The Supreme Court's Chief Justice acts as the head of the unified court system. Tennessee is unusual in that it has three locations based on the state's Grand Divisions: Knoxville (Eastern), Nashville (Middle), and Jackson (Western). Tennessee is the only state to codify its Grand Divisions into jurisdictional areas in its courts and constitution. All appeals to the Tennessee Supreme Court come from the Tennessee Court of Appeals. The Court of Appeals is split into civil and criminal appeals courts. Each Grand Division has one civil and one criminal appeals court.

The Circuit Court is the highest trial court in the county. Franklin County is a part of the 12th Judicial District, which also includes Marion, Grundy, Bledsoe, Rhea, and Sequatchie Counties. Judges rotate between courthouses to hear cases, so cases originating in Franklin County are heard in the Franklin County Courthouse. Franklin County also has the Chancery Court, which hears civil cases with non-monetary decisions. The General Sessions Court hears misdemeanor cases and smaller civil cases. Juvenile matters are heard in the Franklin County Juvenile Court. All courts except the Chancery Court have court records handled by the Circuit Court Clerk. Franklin County also has two City Courts: one in Decherd and the other in Winchester.

Types of Courts in Franklin County, Tennessee

Circuit Court

The Franklin County Circuit Court hears all major civil and criminal cases in the county as part of the 12th Judicial District. Although the judges rotate to the courthouses in each county, cases originating in Franklin County are heard in the county.

Jurisdiction:

• Civil lawsuits over $25,000, which would cover personal injury, contract disputes, malpractice cases, and foreclosures
• Family law cases, such as divorce (some cases may also be heard in Chancery Court)
• All felony cases, as well as misdemeanor jury trials
• Land dispute cases, such as eminent domain, land condemnation, and boundary disputes

Primary Location: Franklin County Judicial Center, Winchester

Chancery Court

Chancery Courts in Tennessee hear civil cases that usually do not result in monetary judgments; instead, judges rule on changes in policy, contracts, or prior rulings. In addition, Chancery Courts may hear family law cases, probate cases, mental health commitments, and adult guardianship or conservatorship cases for incapacitated adults. While the other courts in Franklin County use the Circuit Court Clerk for record keeping, the Chancery Court has its own Court Clerk and Master who keep its records.

Jurisdiction:

• Adoptions and termination of parental rights
• Property location and title disputes
• Contract disputes between businesses
• Divorces, property division, child custody and support
• Wills, trusts, and estates
• Conservatorships and guardianships for adults who are mentally ill or incapacitated

Primary Location: Franklin County Judicial Center, Winchester

General Sessions Court

The General Sessions Court is the lowest trial court at the county level in Franklin County. Unlike the Circuit Court, General Sessions Court has no jury trials; a judge hears the cases and renders decisions.

Jurisdiction:

• Misdemeanor cases and preliminary felony hearings (bond, search warrants, arrest warrants)
• Evictions as well as landlord-tenant disputes
• Small claims cases and all civil cases under $25,000
• Traffic, wildlife violations, and county ordinance violations occurring within the county (except for Winchester and Decherd)

Primary Location: Franklin County Judicial Center, Winchester

Juvenile Court

The Juvenile Court in Franklin County hears two types of juvenile cases. The court hears juvenile criminal cases and cases on juvenile neglect and abuse. Also, Tennessee has a mandatory law that states all juveniles 16 years old or older who commit a violent crime must have their case moved to adult court.

Jurisdiction:

• Juvenile delinquency cases (crimes committed by juveniles, including traffic offenses)
• Juvenile dependency cases (cases of juvenile neglect and abuse)
• Hearings for felony juvenile cases to be moved to adult criminal court

Primary Location: Franklin County Judicial Center, Winchester

City Courts

The Municipal Courts (called City Courts in Tennessee), located within city limits, hear traffic and ordinance violations only within their city limits. Like the General Sessions Court, the City Courts have cases heard by a judge rather than a jury.

Jurisdiction:

• Traffic citations, such as speeding, running a red light, or parking
• City ordinance violations, such as dumping, public intoxication, or public health

Primary Location: Decherd and Winchester City Halls

How to File a Case in Franklin County

Many people are intimidated by filing a case in one of the courts in Franklin County. Here are some simple procedures that will help you file a case quickly and with as little stress as possible.

Step 1: Choose the Correct Court

The important first step to filing any court case is choosing which court to file in and which court needs the filing paperwork. Remember that large civil cases over $25,000 in damages will be filed in Circuit Court. Cases that involve family law, probate, or cases that ask for a policy change should be filed in Chancery Court. Small claims cases and eviction cases must be filed in General Sessions Court. Residents do not need to file paperwork with City Courts because they handle only traffic tickets and ordinance violations.

Step 2: Complete Required Forms

Residents can download the necessary court forms from the Tennessee Courts website or the nonprofit Justice For All TN. Each civil court case requires forms to be filled out, so filers should make sure to complete all forms needed for the case. The court clerk can help residents who may need assistance filling out court forms.

Step 3: File the Case

Tennessee does not have a statewide online court filing system. While they are piloting a filing system statewide, it is only available in higher-population counties. Franklin County has a small population, so residents must file in person or by mail. Residents may want to call the appropriate court clerk to double-check they have all of the paperwork they need to file.

Step 4: Pay Filing Fees

All court cases require filing fees, and each county in Tennessee sets the amount. Residents of Franklin County can determine the amount of the court fees by calling the court clerk's office to check ahead of time. You must pay filing fees when you file the court paperwork. The Franklin County Courts accept cards, cash, money orders, or cashier's checks. Residents can file a waiver to avoid court filing fees, but they must prove financial hardship.

Step 5: Serve the Other Party

Tennessee law requires all the parties in a lawsuit to be notified that they are being sued. Franklin County residents can choose how to serve the defendant in a lawsuit. They can hire a sheriff's deputy or a process server to serve the papers. Any adult who is not a party to the case may serve the paperwork in person or by mail. No matter how the paperwork is served, you must file a proof of service form with the appropriate court clerk.

Step 6: Monitor the Case

Once the case is filed and the defendants are served, monitor it for changes. For example, the judge may ask for clarification and additional forms. Calendar changes and rescheduled hearings may occur. Failing to track a case's progress may result in dismissals or delays.

Franklin County Courthouse Directory

Legal and Self-Help Resources

Navigating the court system can be challenging. Franklin County residents have resources to help them obtain legal help or follow the steps needed to file the case themselves.

• The State of Tennessee has a Self-Help platform through the Tennessee Courts website, Access to Justice. The website offers videos, step-by-step instructions, and resources to help residents understand legal procedures and the court system.
• Residents who need help with their civil legal cases but cannot afford to hire an attorney can use the Legal Aid Society of Middle Tennessee and the Cumberlands. The organization offers legal help with civil cases such as evictions and foreclosures, debt collection, divorce and child custody, benefits, and housing discrimination.

FAQs

Other Counties in Tennessee

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• Claiborne
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