¶1(dissenting).
¶2I respectfully dissent. I acknowledge that language the same as or similar to our Rule 36(a) has been interpreted by other courts as providing that a response within a reasonable time is all that is required if no set time is specified in the request.
¶3One of the main purposes of this rule is to expedite the trial of a case by allowing material facts to be established without the necessity of time consuming proof at trial. This purpose is frustrated by the interpretation proposed by the majority.
¶4I also believe that this interpretation is contrary to that intended by our Supreme Court in Robinson v. Navajo Freight Lines, Inc., supra, in which it was stated: “It is clear that, under our Rule 36 and the identical federal rule, either the unexcused late filing of an answer to requests for admissions or the filing of-an unsworn answer is equivalent to the filing of no answer according to the terms of the rule itself . . .” Because no reasonable excuse was shown for the plaintiff’s failure to answer, the request in my opinion constituted a willful disregard of an obligation set forth in the rules. And since the facts, if admitted, are dispositive of the case, summary judgment should have been granted.