Judge Annette J. Berry
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Claim of Appeal
Courtesy copies
- At Least 3 Days Before Hearing
- One Week Before Hearing
Motion, Opposition, Reply
Binding: Securely Bound
Reconsideration Motions
- Before Consideration
Communication
Phone
Clerk
Page & Word Limits1 rule
The moving party may file a reply brief, limited to rebuttal and not exceeding five pages.
- Reply brief
- Up to 5 pages
Document Format Requirements4 rules
ALL JUDGE'S COPIES MUST BE BOUND.
- Binding
- Securely bound
Please refrain from underlining portions of briefs.
Formatting
- •No underlining in briefs
DO NOT SUBMIT ORDERS ON LETTERHEAD If you submit an order on letterhead, the court will reject it.
All hard copies must be securely bound (staple, metal fastener, or binder). Loose pages or copies with binder clips will be rejected and must be resubmitted.
- Binding
- Securely bound
Formatting
- •Loose pages or binder clips not allowed
Document Filing Requirements16 rules
YOU MUST FILE A PRACEIPE WITH THE COURT.
PRAECIPES MUST LIST ALL PLAINTIFFS AND DEFENDANTS WHO ARE PARTIES TO THE LAWSUIT OR THE PRAECIPE WILL BE REJECTED BY THE COURT CLERK.
Parties must disclose the use of AI.
Must include
- •AI disclosure
The parties shall highlight the pertinent part of the relevant exhibits for the Court.
The party must identify/highlight the specific, pertinent part of an exhibit it relies upon.
Original signatures must appear on at least one copy of orders presented for Judge’s signature – the Court does NOT accept orders with handwritten annotations or corrections.
After you receive a date, file a Notice of Hearing and a Praecipe with the court.
No responses are permitted unless the Court specifically allows them.
Please provide the Court with a list of all requested standard and special jury instructions.
PARTIES MUST SUBMIT A SETTLEMENT CONFERENCE FORM TO CONTINUE WITH THE SETTLEMENT CONFERENCE. Settlement Conference Form Email completed form to JudgeBerry-Court@3rdcc.org
No supplemental briefs may be filed without leave of court (MCR 2.116(G)(1)(a)(iv)).
A party must append, and highlight, the pertinent part of any unpublished case cited.
Written responses are required for all motions filed.
The Court will not entertain emergency motions to dissolve the TRO before that court date
No oral argument is provided unless notified by the Court.
Please limit response to pleading being answered.
Filing & Service rules
Filing Timing and Cure Windows
Motions in limine must be filed no later than 30 days before trial.
Motions in limine MUST be filed no later than 30 days before the date of trial.
Civil cases
Page 1 | Trial
If appellate scheduling order is not received within 10 business days from filing the appeal, contact the Court's office.
If the order is not received within (10) business days from the date of filing the appeal, please contact the Court's office.
Civil cases
Page 1 | APPEALS
If a response is not filed, the Court will grant the motion for summary disposition.
If a response is not filed, the Court will grant the motion for summary disposition.
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
Response to summary disposition motion is due at least 7 days before the hearing.
Response is due at least 7 days before the hearing (MCR 2.116(G)(1)(a)(ii)).
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
Oral arguments will not be heard later than six months after the filing date.
Oral arguments will not be heard later than six months after the filing date.
Civil cases
Page 1 | APPEALS
Summary disposition motions must be heard at least 30 days before trial unless good cause exists.
Motions must be heard 30 days before trial unless there is good cause.
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
Responses for all other (non-dispositive) motions are due 3 days before the hearing.
Responses for all other motions are due 3 days prior to the hearing date.
Civil cases
Page 1 | MOTION PRACTICE
Responses for dispositive motions are due 7 days before the hearing.
Responses for dispositive motions are due 7 days before the hearing.
Civil cases
Page 1 | MOTION PRACTICE
Late motions are rejected; a motion for leave must be filed.
Late motions will be rejected and a motion for leave must be filed.
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
If a response is late, the Court will not consider it.
If a response is late, the Court will not consider the response.
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
Reply brief must be filed and served at least 4 days before the hearing.
The reply must be filed and served at least 4 days before the hearing (MCR 2.116(G)(1)(a)(iii)).
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
Joint Final Pre-Trial Orders are due 32 days before trial.
Joint Final Pre-Trial Orders are due 32 days before trial.
Civil cases
Page 1 | FINAL PRE-TRIAL CONFERENCES
Hearing on a claim motion must not occur until at least 28 days after service of the pleading stating the claim.
The hearing on a motion brought by a party asserting a claim must not take place until at least 28 days after the opposing party was served with the pleading stating the claim. (MCR 2.116(B)(2)).
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
Motion for summary disposition must be filed within 60 days after discovery cutoff.
Filing deadline is within 60 days after discovery cut off.
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
Oral arguments are scheduled if requested in briefing, generally 21 days after receipt of the Appellee's brief.
Oral arguments: Scheduled if requested by either party in their briefing. Generally scheduled 21 days after receipt of the Appellee’s brief.
Civil cases
Page 1 | APPEALS
When a TRO is granted, the Court will provide a court date within 14 days.
When the Court grants a Temporary Restraining Order, the Court will provide a court date within 14 days
Civil cases
Page 1 | MOTION PRACTICE
Service and Proof of Service Rules
Plaintiff Counsel is responsible for serving the Defendant.
Responsibility for serving Defendant: Plaintiff Counsel
Civil cases
Page 1 | STATUS CONFERENCE PROCEDURE
Filing Fees and Waivers
Subsequent motions must be filed separately and the appropriate fee paid.
Please file all subsequent motions separately and pay appropriate fee.
Civil cases
Page 1 | ADDITIONAL REQUIREMENTS
Courtesy Copy Requirements
Judge's copies of motions, responses, and replies must be mailed or dropped off with labeled exhibits; all copies must be bound; failure will result in non-consideration.
A JUDGE’S COPY OF ALL: MOTIONS RESPONSES AND, REPLIES MUST BE MAILED IN OR DROPPED TO THE COURT WITH ALL ACCOMPANYING EXHIBITS CLEARLY LABELED. ALL COPIES MUST BE BOUND. IF PARTIES FAIL TO ABIDE BY THIS, YOUR MOTION, RESPONSE, OR REPLY WILL NOT BE CONSIDERED.
Civil cases
Page 1 | Notice
Judge's copy of all motions, responses, and replies must be submitted with labeled exhibits.
A JUDGE’S COPY of ALL MOTIONS, RESPONSES and REPLIES MUST BE SUBMITTED TO THE COURT with all accompanying exhibits clearly labeled.
Civil cases
Page 1 | ADDITIONAL REQUIREMENTS
For summary disposition motions, a hard copy with exhibits must be received at least 3 days before the hearing; otherwise the motion will be dismissed.
IF THE COURT DOES NOT RECIEVE A HARD COPY OF THE MOTION WITH EXHIBITS ATTACHED AT LEAST THREE DAYS BEFORE THE HEARING, THE COURT WILL DISMISS THE MOTION. NO EXCEPTIONS.
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
A hard copy of the motion for reconsideration must be sent to the Court before it is considered.
A hard copy of the motion must be sent to the Court before the motion is considered.
Civil cases
Page 1 | ADDITIONAL REQUIREMENTS
A hard copy of the motion must be sent to the Court a week before the hearing date.
A hard copy of the motion must be sent to the Court a week before the hearing date.
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
A hard copy of the claim of appeal or leave for appeal must be sent to the Court.
A hard copy of the claim of appeal or leave for appeal must be sent to the Court.
Civil cases
Page 1 | APPEALS
Adjournment & Extension Requirements
Adjournment of Track III must be by motion and cannot be combined with any other motion.
III: Stipulation X Motion *(cannot be combined with any other motion)* Adjournment of Track
Civil cases
Page 1 | STATUS CONFERENCE PROCEDURE
Adjournments will not be granted for the ten oldest cases absent good cause.
Adjournments will not be granted for the ten oldest cases on the Judge’s docket (absent good cause).
Civil cases
Page 1 | Other
Extend Discovery to Case Evaluation: Stipulation X _ Motion
Extend Discovery to Case Evaluation: Stipulation X _ Motion
Civil cases
Page 1 | STATUS CONFERENCE PROCEDURE
Adjournment of Track I to II must be by motion.
Adjournment of Track I to II: __ Stipulation X Motion
Civil cases
Page 1 | STATUS CONFERENCE PROCEDURE
Adjournment of a motion is by stipulation and emailing the Court Clerk.
Adjournment of Motion: By stipulation and contacting the Court Clerk via email (JudgeBerry-Court@3rdcc.org).
Civil cases
Page 1 | MOTION PRACTICE
Adjournment of a settlement conference is by stipulation and emailing the Court Clerk.
Adjournment of settlement conference: By stipulation and contacting the Court Clerk via email (JudgeBerry-Court@3rdcc.org).
Civil cases
Page 1 | SETTLEMENT CONFERENCE PROCEDURE
Adjournment of the Final Pre-Trial Conference is by stipulation and emailing the Court Clerk.
Adjournment of Final Pre-Trial Conference: By stipulation and contacting the Court Clerk via email (JudgeBerry-Court@3rdcc.org).
Civil cases
Page 1 | FINAL PRE-TRIAL CONFERENCES
Adjournment of Case Evaluation: __ Stipulation X_ Motion
Adjournment of Case Evaluation: __ Stipulation X_ Motion
Civil cases
Page 1 | STATUS CONFERENCE PROCEDURE
Adjournment of Track II to III must be by motion and cannot be combined with any other motion.
Motion Adjournment of Track II to III: Stipulation X Motion *(cannot be combined with any other
Civil cases
Page 1 | STATUS CONFERENCE PROCEDURE
Adjournment of summary disposition motion is by stipulation and emailing the Court Clerk.
Adjournment of Motion for Summary Disposition: By stipulation and contacting the Court Clerk via email (JudgeBerry-Court@3rdcc.org).
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
Chambers Communication Rules
Parties may not file a motion without first obtaining a date from the court.
Parties are not allowed to file a motion without first obtaining a date from the court.
Civil cases
Page 1 | MOTION PRACTICE
If the case settles or issues are resolved, the moving party must inform the court immediately.
If the case settles or the issues in the motion are resolved, the moving party must inform the court immediately.
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
The Court no longer accepts email regarding adjournments or case status from attorneys or their staff; parties must call the court instead.
AS OF 01/02/2026, THE COURT WILL NO LONGER ACCEPT EMAIL REGARDING ADJOURNMENTS OR CASE STATUS FROM ATTORNEYS OR THIER STAFF. PARTIES MUST CALL THE COURT.
Civil cases
Page 1 | Notice
Email April Sutton when a Motion for Reconsideration is filed.
Please email April Sutton (JudgeBerry-Court@3rdcc.org) when a Motion for Reconsideration is filed.
Civil cases
Page 1 | ADDITIONAL REQUIREMENTS
For questions, contact the Court Clerk directly; do not seek information from court staff.
For questions regarding Court matters, please contact the Court Clerk directly. DO NOT ATTEMPT TO SEEK INFORMATION FROM COURT STAFF.
Civil cases
Page 1 | Other
Please email both the Court Clerk and to have your motion withdrawn.
Please email both the Court Clerk and to have your motion withdrawn.
Civil cases
Page 1 | MOTION PRACTICE
All communications with the court must include both the Courtroom Clerk and Judicial Attorney.
Please include both the Courtroom Clerk and Judicial Attorney on all communications with the court
Civil cases
Page 1 | Notice
Contact the Courtroom Clerk via phone to schedule a hearing date.
Contact the Courtroom Clerk via phone for a hearing date (313) 224-4679.
Civil cases
Page 1 | MOTION PRACTICE
If you cannot reach April Sutton or Cheryl Bascomb, leave a voicemail or email both with your reason for calling.
If you call into the court and cannot reach April Sutton or Cheryl Bascomb please either leave a voicemail or send both an email with your reason for calling at JudgeBerry-Court@3rdcc.org
Civil cases
Page 1 | Other
Contact the County Clerk's office (Records Department) for copies of orders.
Please contact the County Clerk’s office – Records Department for copies of orders.
Civil cases
Page 1 | Other
To schedule a summary disposition motion, call the court clerk to request a hearing date.
To schedule a hearing on a Motion for Summary Disposition, you must call the court clerk to request an available hearing date.
Civil cases
Page 1 | MOTION FOR SUMMARY DISPOSITION PROCEDURE
All hearing dates must be given by the Court Clerk.
All dates must be given by the Court Clerk.
Civil cases
Page 1 | MOTION PRACTICE