RULE 2. ONE FORM OF ACTION
shall be is one form of action to be known as "civil action" -- the civil action.
Rule 2 was amended, effective_____________.
This rule is identical to
Rule Fed.R.Civ.P. 2 , FRCivP, and provides for one form of action to be known as a "civil action." The old forms of action have been abolished, as has the distinction between "law" and "equity" cases.
Even though one form of action has been substituted for actions at law and in equity, a distinction persists so far as the right to a jury trial is concerned. Article I, § 13
[formerly § 7] of the North Dakota Constitution preserve preserves trial by jury in all cases in which it could have been demanded as a matter of right at common law. Dobervich v. Central Cass Public School District No. 17, 283 N.W.2d 187 (N.D. 1979).
Rule 2 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of _______________; November 29-30, 1979, page 2;
Rule Fed.R.Civ.P. 2 , FRCivP. Statutes Affected: Superseded: N.D.R.C. 1943 § 32-0109.
Rule N.D.R.Civ.P. 8 (General Rules of Pleading) N.D.R.Civ.P.