Here is what I am filing with the court.
Comes now defendant in response to Ruling of Summary Judgment against us and submit a Motion for Reconsideration.
The original service of the Interrogatories was improper and in fact was never made. The defendant had no ability to respond to interrogatories that were never received.
Immediately upon discovery of the Interrogatories defendant indicated that they would respond within the Statutory time limit, and did so according to the information they had available at that time.
The Motion for Summary Judgment was premature in that our procedural due process rights were abridged without any inquiry into whether the service of the Interrogatories was made.
The granting of the Summary Judgment was also premature in that defendant had a Motion to extend the deadline for answering the Interrogatories before the Court which was not granted.
In the interrogatories from the plaintiff, the plaintiff requests the defendant “Identify each witness you intend to call at the time of trial and give a summary of the testimony of that witness.” Defendant inferred from this request that a trial had been requested.
Is there anything else I should add?
Thanks a ton for your help! I called a couple of lawyers and they said I'm basically , but your boards still give me a little hope.