Court Rules

Limits & Logistics

Document Limits

Reply Brief
5 pgs
Brief SummaryCourt-wide
40 pgs

Courtesy Copies

Motion, Response, Reply

Communication

Email

Chambers

judgeberry-court@3rdcc.org
Phone

Chambers, Clerk

(313) 224-4679
Scheduling
Phone

Clerk

(313)-224-5530
Phone
Status Inquiries
Phone

Clerk

Scheduling
Filters:

Page & Word Limits1 rule

Page LimitsMandatoryCivil cases

Unless a different period is set by the court:The moving party may file a reply brief, limited to rebuttal and not exceeding five pages.

Reply brief
Up to 5 pages
Applies to
  • Summary disposition motions
Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionMotion for Summary Disposition Procedure

Document Format Requirements8 rules

FormattingMandatoryCivil cases

DO NOT SUBMIT ORDERS ON LETTERHEAD If you submit an order on letterhead, the court will reject it.

Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionJudge Berry’s Courtroom Filings
FormattingMandatoryCivil cases

ALL COPIES MUST BE BOUND.

Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionJudge Berry’s Courtroom Filings
FormattingMandatoryCivil cases

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
Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionMotion for Summary Disposition Procedure
FormattingMandatoryCivil cases

ALL JUDGE'S COPIES MUST BE BOUND.

FormattingMandatoryCivil cases

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.

FormattingImportantCivil cases

The party must identify/highlight the specific, pertinent part of an exhibit it relies upon.

Formatting

  • Identify or highlight the specific, pertinent part of each exhibit relied upon
Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionMotion for Summary Disposition Procedure
FormattingImportantCivil cases

The parties shall highlight the pertinent part of the relevant exhibits for the Court.

Formatting

  • Highlight the pertinent part of each relevant exhibit for the Court
Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionMotion for Summary Disposition Procedure
FormattingImportantCivil cases

Please refrain from underlining portions of briefs.

Applies to
  • Brief

Formatting

  • Do not underline portions of briefs

Document Filing Requirements16 rules

Filing RequirementsMandatoryCivil cases

A party must append, and highlight, the pertinent part of any unpublished case cited.

Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionMotion for Summary Disposition Procedure
Filing RequirementsMandatoryCivil cases

After you receive a date, file a Notice of Hearing and a Praecipe with the court.

Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionMotion for Summary Disposition Procedure
Filing RequirementsMandatoryCivil cases

Parties are not allowed to file a motion without first obtaining a date from the court.

Filing RequirementsMandatoryCivil cases

Written responses are required for all motions filed.

Filing RequirementsMandatoryCivil cases

A hard copy of the claim of appeal or leave for appeal must be sent to the Court.

Filing RequirementsMandatoryCivil cases

Please provide the Court with a list of all requested standard and special jury instructions.

Filing RequirementsMandatoryCivil cases

PARTIES MUST SUBMIT A SETTLEMENT CONFERENCE FORM TO CONTINUE WITH THE SETTLEMENT CONFERENCE.

Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionSettlement Conference Procedure
Filing RequirementsMandatoryCivil cases

No supplemental briefs may be filed without leave of court (MCR 2.116(G)(1)(a)(iv)).

Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionMotion for Summary Disposition Procedure
Filing RequirementsMandatoryCivil cases

YOU MUST FILE A PRACEIPE WITH THE COURT.

Filing RequirementsMandatoryCivil cases

No responses are permitted unless the Court specifically allows them.

Filing RequirementsMandatoryCivil cases

Parties must disclose the use of AI.

Must include

  • AI disclosure
Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionJudge Berry’s Courtroom Filings
Filing RequirementsMandatoryCivil cases

Late motions will be rejected and a motion for leave must be filed.

Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionMotion for Summary Disposition Procedure
Filing RequirementsMandatoryCivil cases

PRAECIPES MUST LIST ALL PLAINTIFFS AND DEFENDANTS WHO ARE PARTIES TO THE LAWSUIT OR THE PRAECIPE WILL BE REJECTED BY THE COURT CLERK.

Filing RequirementsMandatoryCivil cases

A hard copy of the motion must be sent to the Court before the motion is considered.

Filing RequirementsImportantCivil cases

Please limit response to pleading being answered.

Filing RequirementsImportantCivil cases

The parties shall use joint exhibits to the extent possible to eliminate duplicate exhibits.

Wayne:0ea002b04d45ccd8904dc60f · Jan 2026
|SectionMotion for Summary Disposition Procedure

Filing & Service rules

Filing Timing and Cure Windows

The Court must receive a hard copy of a summary-disposition motion with exhibits at least three days before the hearing or it will dismiss the motion.

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 summary-disposition motion must be filed within 60 days after the discovery cutoff.

Filing deadline is within 60 days after discovery cut off.

Civil cases

Page 1 | Motion for Summary Disposition Procedure

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 response to a summary-disposition motion is due at least seven 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

The Court will not consider a late response to a summary-disposition motion.

If a response is late, the Court will not consider the response.

Civil cases

Page 1 | Motion for Summary Disposition Procedure

Responses to dispositive motions are due seven days before the hearing.

Responses for dispositive motions are due 7 days before the hearing.

Civil cases

Page 1 | Motion Practice

Summary-disposition motions must be heard 30 days before trial unless there is good cause.

Motions must be heard 30 days before trial unless there is good cause.

Civil cases

Page 1 | Motion for Summary Disposition Procedure

Motions in limine must be filed within 60 days after discovery closes.

Motions in limine MUST be filed within 60 days after the close of discovery.

Civil cases

Page 1 | Trial

A summary-disposition reply must be filed at least four 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

A hearing on a motion by a party asserting a claim must occur no earlier than 28 days after the opposing party was served with the pleading stating that 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

Joint Final Pre-Trial Orders are due 32 days before trial.

Yes. Joint Final Pre-Trial Orders are due 32 days before trial.

Civil cases

Page 1 | Final Pre-Trial Conferences

Responses to all other motions are due three days before the hearing.

Responses for all other motions are due 3 days prior to the hearing date.

Civil cases

Page 1 | Motion Practice

If the Appellate Scheduling Order is not received within ten business days after 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

Service and Proof of Service Rules

A summary-disposition reply must be served at least four 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

Plaintiff’s counsel is responsible for serving the Defendant.

Responsibility for serving Defendant: Plaintiff Counsel

Civil cases

Page 1 | Status Conference Procedure

Filing Fees and Waivers

The appropriate fee must be paid when filing subsequent motions.

Please file all subsequent motions separately and pay appropriate fee.

Civil cases

Page 1 | Motion Practice

Courtesy Copy Requirements

A judge’s copy of every motion, response, and reply must be submitted to the Court with accompanying exhibits clearly labeled.

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 | Motion Practice

Judge’s copies of motions, responses, and replies must be mailed or dropped off to the Court with accompanying exhibits clearly labeled.

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.

Civil cases

Page 1 | Judge Berry’s Courtroom Filings

Filing Bundling Requirements

A Track II-to-III adjournment motion cannot be combined with any other motion.

Adjournment of Track II to III: Stipulation X Motion *(cannot be combined with any other motion)*

Civil cases

Page 1 | Status Conference Procedure

Subsequent motions must be filed separately, and the appropriate fee must be paid.

Please file all subsequent motions separately and pay appropriate fee.

Civil cases

Page 1 | Motion Practice

A Track III adjournment motion cannot be combined with any other motion.

Adjournment of Track III: Stipulation X Motion *(cannot be combined with any other motion)*

Civil cases

Page 1 | Status Conference Procedure

Adjournment & Extension Requirements

An adjournment of case evaluation requires a motion.

Adjournment of Case Evaluation: __ Stipulation X_ Motion

Civil cases

Page 1 | Status Conference Procedure

Extending discovery to case evaluation requires a motion.

Extend Discovery to Case Evaluation: Stipulation X _ Motion

Civil cases

Page 1 | Status Conference Procedure

Oral-argument adjournments are decided case by case, and argument will not be heard later than six months after the filing date.

Adjournment of oral argument is determined on a case by case basis. Oral arguments will not be heard later than six months after the filing date.

Civil cases

Page 1 | Appeals

A summary-disposition motion hearing may be adjourned by stipulation and by contacting the Court Clerk by email.

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

A motion hearing may be adjourned by stipulation and by contacting the Court Clerk by email.

Adjournment of Motion: By stipulation and contacting the Court Clerk via email (JudgeBerry-Court@3rdcc.org).

Civil cases

Page 1 | Motion Practice

An adjournment of Track III requires a motion, which cannot be combined with another motion.

Adjournment of Track III: Stipulation X Motion *(cannot be combined with any other motion)*

Civil cases

Page 1 | Status Conference Procedure

An adjournment from Track II to Track III requires a motion, which cannot be combined with another motion.

Adjournment of Track II to III: Stipulation X Motion *(cannot be combined with any other motion)*

Civil cases

Page 1 | Status Conference Procedure

A Final Pre-Trial Conference may be adjourned by stipulation and by contacting the Court Clerk by email.

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

An adjournment from Track I to Track II requires a motion.

Adjournment of Track I to II: __ Stipulation X Motion

Civil cases

Page 1 | Status Conference Procedure

A settlement conference may be adjourned by stipulation and by contacting the Court Clerk by email.

Adjournment of settlement conference: By stipulation and contacting the Court Clerk via email (JudgeBerry-Court@3rdcc.org).

Civil cases

Page 1 | Settlement Conference Procedure

Adjournments will not be granted in the ten oldest cases on the Judge’s docket 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

Requests to extend the appellate briefing schedule are decided case by case.

Requests for extension of the briefing schedule are determined on case by case basis.

Civil cases

Page 1 | Appeals

Chambers Communication Rules

When a Motion for Reconsideration is filed, April Sutton must be notified by email at JudgeBerry-Court@3rdcc.org.

Motions for Reconsideration: Please email April Sutton (JudgeBerry-Court@3rdcc.org) when a Motion for Reconsideration is filed.

Civil cases

Page 1 | Motion Practice

Parties must contact the Courtroom Clerk by phone to obtain a hearing date.

Contact the Courtroom Clerk via phone for a hearing date (313) 224-4679.

Civil cases

Page 1 | Motion Practice

Beginning January 2, 2026, attorneys and their staff must call the Court, rather than email, about adjournments or case status.

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 | Judge Berry’s Courtroom Filings

To schedule a summary-disposition hearing, the moving party must call the Court Clerk to request an available 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

The completed Settlement Conference Form must be emailed to JudgeBerry-Court@3rdcc.org.

Email completed form to JudgeBerry-Court@3rdcc.org

Civil cases

Page 1 | Settlement Conference Procedure

The moving party must immediately inform the Court if the case settles or the motion’s issues are resolved.

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

Parties must contact the Court to schedule a hearing date for a motion in limine.

Please contact the Court to schedule a hearing date.

Civil cases

Page 1 | Trial

Parties must merge their calls before calling the Court for a settlement conference.

The parties shall merge calls before calling the court at (313) 224-4679.

Civil cases

Page 1 | Settlement Conference Procedure

Questions about Court matters must be directed to the Court Clerk; parties must not seek information from other 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

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 | Judge Berry’s Courtroom Filings

Hearing dates must be provided by the Court Clerk.

All dates must be given by the Court Clerk.

Civil cases

Page 1 | Motion Practice

Contact the Court’s office if the Appellate Scheduling Order has not arrived within ten business days after the appeal is filed.

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 April Sutton or Cheryl Bascomb cannot be reached by phone, leave a voicemail or email both with the reason for the call.

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

To obtain copies of orders, contact the County Clerk’s Records Department at (313)-224-5530.

Please contact the County Clerk’s office – Records Department for copies of orders. (313)-224-5530

Civil cases

Page 1 | Other

Court-wide rules

Applies court-wide

These 66 rules apply across Third Judicial Circuit Court of Michigan. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 26
  • Applies to
    Brief summary

    The mediator may require each party to submit a brief summary not to exceed 40 pages inclusive of summary and exhibits outlining the disputed facts and issues in the case.

  • Applies to
    Mediation status report or failure to appear report

    At the end of mediation, the mediator must deliver a completed status or failure-to-appear report to the judge, limited to the specified participation and case-status information.

  • Applies to
    Adr order

    An ADR referral order must provide for selection of the provider, timing, and payment, and may require attendance.

Filing Timing

All 21
  • Parties may object to the designated mediator and stipulate to an alternate within 14 days of the mediation order.

  • Parties may stipulate in writing to an alternate mediator within 14 days of the mediation order.

  • Parties may present a stipulated order to amend the pleadings and transfer the case within 14 days of the mediation order.

Fees

All 9
  • The mediator may charge reasonable compensation based on experience and usual rates for a mediation of up to two hours, and each party is responsible for a pro-rata share unless otherwise provided.

  • Each party must pay any deposit or cancellation fee set by the mediator directly to the assigned mediator at the time the mediator directs.

  • Fee
    100

    Parties who enter an order settling or removing the case from mediation and give the mediator at least five days' written notice owe no mediation fee; without timely notice, each party owes a $100 cancellation fee.

Service

All 7
  • Applies to
    Order for mediation
    Service
    Electronic service to all parties

    The Court must electronically serve the Order for Mediation on the parties unless a party has been excused from eFiling.

  • The ADR Clerk must promptly send the affected counsel or self-represented party a fee-demand letter by first-class mail or email.

  • Applies to
    Order
    Service
    Mail

    The ADR Clerk must serve the order and amount-owing certification by first-class mail and file a certificate of mailing with the court clerk.

About Judge Annette J. Berry

Judge Annette J. Berry serves on the Third Judicial Circuit Court of Michigan, the state trial court for Wayne County.

Judge Berry's procedures are published through the court's general rules.

Common questions about Judge Annette J. Berry's rules

Are courtesy copies required for Judge Annette J. Berry?

Courtesy-copy rule applies for motions, responses, and replys. Judge’s copies of motions, responses, and replies must be mailed or dropped off to the Court with accompanying exhibits clearly labeled.

View ruleSource: page 1, section Judge Berry’s Courtroom Filings

What page or word limits apply to reply brief before Judge Annette J. Berry?

Judge Annette J. Berry's rule states these limits: 5 pages. Unless the Court sets a different period, the moving party may file a rebuttal-only reply brief of no more than five pages.

View ruleSource: page 1, section Motion for Summary Disposition Procedure

What formatting rules apply to filings before Judge Annette J. Berry?

Judge Annette J. Berry's formatting rule includes binding securely bound and use a staple, metal fastener, or binder; loose pages and copies with binder clips will be rejected and must be resubmitted.. Hard copies must be securely bound with a staple, metal fastener, or binder; loose pages and binder-clip copies will be rejected and must be resubmitted.

View ruleSource: page 1, section Motion for Summary Disposition Procedure

What must be included with filings before Judge Annette J. Berry?

The rule requires ai disclosure. Parties must disclose their use of AI.

View ruleSource: page 1, section Judge Berry’s Courtroom Filings

What must be included with settlement conference filings before Judge Annette J. Berry?

Parties must submit a Settlement Conference Form to proceed with the settlement conference.

View ruleSource: page 1, section Settlement Conference Procedure

How may parties contact Judge Annette J. Berry's chambers?

Beginning January 2, 2026, attorneys and their staff must call the Court, rather than email, about adjournments or case status.

View ruleSource: page 1, section Judge Berry’s Courtroom Filings

How do I request an adjournment or extension before Judge Annette J. Berry?

An adjournment of case evaluation requires a motion.

View ruleSource: page 1, section Status Conference Procedure

Does Judge Annette J. Berry require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. A Track II-to-III adjournment motion cannot be combined with any other motion.

View ruleSource: page 1, section Status Conference Procedure

Are filing fees or waivers addressed before Judge Annette J. Berry?

A fee is required for covered filings. The appropriate fee must be paid when filing subsequent motions.

View ruleSource: page 1, section Motion Practice

What filing deadlines does Judge Annette J. Berry set?

Joint Final Pre-Trial Orders are due 32 days before trial.

View ruleSource: page 1, section Final Pre-Trial Conferences

What service or proof of service rules apply before Judge Annette J. Berry?

Plaintiff’s counsel is responsible for serving the Defendant.

View ruleSource: page 1, section Status Conference Procedure
Complete rules summary for Judge Annette J. Berry

Beginning January 2, 2026, attorneys and their staff must call the Court, rather than email, about adjournments or case status.

Orders must not be submitted on letterhead or they will be rejected.

Judge’s copies of motions, responses, and replies must be mailed or dropped off to the Court with accompanying exhibits clearly labeled.

All copies submitted under this instruction must be bound.

Parties must disclose their use of AI.

All communications with the Court must include both the Courtroom Clerk and Judicial Attorney.

Plaintiff’s counsel is responsible for serving the Defendant.

An adjournment of case evaluation requires a motion.

Extending discovery to case evaluation requires a motion.

An adjournment from Track I to Track II requires a motion.

An adjournment from Track II to Track III requires a motion, which cannot be combined with another motion.

A Track II-to-III adjournment motion cannot be combined with any other motion.

An adjournment of Track III requires a motion, which cannot be combined with another motion.

A Track III adjournment motion cannot be combined with any other motion.

Parties must merge their calls before calling the Court for a settlement conference.

Parties must submit a Settlement Conference Form to proceed with the settlement conference.

The completed Settlement Conference Form must be emailed to JudgeBerry-Court@3rdcc.org.

A settlement conference may be adjourned by stipulation and by contacting the Court Clerk by email.

Joint Final Pre-Trial Orders are due 32 days before trial.

A Final Pre-Trial Conference may be adjourned by stipulation and by contacting the Court Clerk by email.

The Court must receive a hard copy of a summary-disposition motion with exhibits at least three days before the hearing or it will dismiss the motion.

To schedule a summary-disposition hearing, the moving party must call the Court Clerk to request an available date.

A hard copy of the motion must be sent to the Court a week before the hearing date.

A summary-disposition motion must be filed within 60 days after the discovery cutoff.

Summary-disposition motions must be heard 30 days before trial unless there is good cause.

Late summary-disposition motions will be rejected, and a motion for leave must be filed.

After receiving a hearing date for a summary-disposition motion, the moving party must file a Notice of Hearing and a Praecipe.

Hard copies must be securely bound with a staple, metal fastener, or binder; loose pages and binder-clip copies will be rejected and must be resubmitted.

Parties should use joint exhibits when possible to eliminate duplicate exhibits.

Parties must highlight the pertinent portions of relevant exhibits for the Court.

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