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
Reply briefs are limited to 5 pages.
The moving party may file a reply brief, limited to rebuttal and not exceeding five pages.
Reply Brief
5 pages
Document Format Requirements4 rules
All judge's copies must be bound.
ALL JUDGE'S COPIES MUST BE BOUND.
Do not underline portions of briefs.
Please refrain from underlining portions of briefs.
Orders must not be submitted on letterhead; such orders will be rejected.
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; loose pages or binder clips will be rejected.
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.
Document Filing Requirements16 rules
A Praecipe must be filed with the court.
YOU MUST FILE A PRACEIPE WITH THE COURT.
Document Type
Praecipe
Praecipes must list all plaintiffs and defendants; otherwise they will be rejected.
PRAECIPES MUST LIST ALL PLAINTIFFS AND DEFENDANTS WHO ARE PARTIES TO THE LAWSUIT OR THE PRAECIPE WILL BE REJECTED BY THE COURT CLERK.
Document Type
Praecipe
Parties must disclose the use of AI.
Document Type
Filing
Parties must highlight the pertinent part of relevant exhibits for the Court.
The parties shall highlight the pertinent part of the relevant exhibits for the Court.
Document Type
Exhibit
The party must identify or highlight the specific pertinent part of an exhibit it relies upon.
The party must identify/highlight the specific, pertinent part of an exhibit it relies upon.
Document Type
Exhibit
At least one copy of orders must have original signatures; orders with handwritten annotations or corrections are not accepted.
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.
Document Type
Order
After receiving a hearing date, file a Notice of Hearing and a Praecipe with the court.
After you receive a date, file a Notice of Hearing and a Praecipe with the court.
Document Type
Notice Of Hearing
No responses to motions for reconsideration are permitted unless the Court specifically allows them.
No responses are permitted unless the Court specifically allows them.
Document Type
Response
Provide the Court with a list of all requested standard and special jury instructions.
Please provide the Court with a list of all requested standard and special jury instructions.
Document Type
Jury Instructions
Parties must submit a Settlement Conference Form to continue with the settlement conference, by email to JudgeBerry-Court@3rdcc.org.
PARTIES MUST SUBMIT A SETTLEMENT CONFERENCE FORM TO CONTINUE WITH THE SETTLEMENT CONFERENCE. Settlement Conference Form Email completed form to JudgeBerry-Court@3rdcc.org
Document Type
Settlement Conference Form
Supplemental briefs may not be filed without leave of court.
No supplemental briefs may be filed without leave of court (MCR 2.116(G)(1)(a)(iv)).
Document Type
Supplemental Brief
A party must append and highlight the pertinent part of any unpublished case cited.
A party must append, and highlight, the pertinent part of any unpublished case cited.
Document Type
Brief
All motions must have written responses.
Written responses are required for all motions filed.
Document Type
Response
The Court will not entertain emergency motions to dissolve a TRO before the scheduled court date.
The Court will not entertain emergency motions to dissolve the TRO before that court date
Document Type
Motion
No oral argument is provided for motions for reconsideration unless the Court notifies.
No oral argument is provided unless notified by the Court.
Document Type
Motion
Responses should be limited to the pleading being answered.
Please limit response to pleading being answered.
Document Type
Response
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.
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.
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.
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)).
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.
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.
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.
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.
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.
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.
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)).
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.
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)).
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.
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.
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
Page 1 | MOTION PRACTICE
Service and Proof of Service Rules
Plaintiff Counsel is responsible for serving the Defendant.
Responsibility for serving Defendant: Plaintiff Counsel
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.
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.
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.
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.
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.
Page 1 | ADDITIONAL REQUIREMENTS
A hard copy of the summary disposition 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.
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.
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
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).
Page 1 | Other
Extending Discovery to Case Evaluation must be by motion.
Extend Discovery to Case Evaluation: Stipulation X _ Motion
Page 1 | STATUS CONFERENCE PROCEDURE
Adjournment of Track I to II must be by motion.
Adjournment of Track I to II: __ Stipulation X Motion
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).
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).
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).
Page 1 | FINAL PRE-TRIAL CONFERENCES
Adjournment of Case Evaluation must be by motion.
Adjournment of Case Evaluation: __ Stipulation X_ Motion
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
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).
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.
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.
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.
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.
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.
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.
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
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.
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
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.
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.
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.
Page 1 | MOTION PRACTICE