RULE 2. ONE FORM OF ACTION
There shall be one form of action to be known as "civil action."
EXPLANATORY NOTE
This rule is identical to Rule 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 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).
SOURCES: Joint Procedure Committee Minutes of November 29 30, 1979, page 2; Rule 2, FRCivP.
STATUTES AFFECTED:
SUPERSEDED:32 0109, NDRC 1943.
CROSS REFERENCE: Rule 8 (General Rules of Pleading), N.D.R.Civ.P.