The Seventh Circuit held that the trial court can treat admissions as withdrawn even though no Rule 36(b) no motion to withdraw had been filed. In Tate Lyle Americas, LLC v. Glatt Air Techniques, Inc. __ F.3d. __ (2017) 2017 Westlaw 2982279). The plaintiff sought to recover damages allegedly arising out of a defective part in a machine sold by the defendant. During discovery defendant had responded in the negative to requests for admission which were designed to determine if the defendant had any knowledge that filters, a part of the machine, were defective. However at trial, over objection, the court permitted plaintiff to present evidence and argue that the filters in the machine were defective even though it had previously been denied by defendant in responding to the requests to admit.
Judge Posner, writing for the two person majority, said that by, over objection, allowing evidence, contrary to the response to the admissions, the trial court, in effect, permitted the admissions to be withdrawn. Judge Posner then said that the plaintiff?s evidence in fact did not contradict the admissions because the denials were not unqualified.
A strong descent was filed and it is well worth reading with respect to the standard for the withdrawal of a response to a request for admissions.