2002 U.S. Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
TITLE 28 - APPENDIX
RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS
Rule 2 - One Form of Action
View Metadata| Publication Title | United States Code, 2000 Edition, Supplement 2, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE TITLE 28 - APPENDIX RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS I. SCOPE OF RULES-ONE FORM OF ACTION Rule 2 - One Form of Action |
| Contains | rule 2 |
| Date | 2002 |
| Laws in Effect as of Date | January 6, 2003 |
| Positive Law | Yes |
| Disposition | standard |
Rule 2. One Form of Action
There shall be one form of action to be known as “civil action.”
Notes of Advisory Committee on Rules—19371. This rule modifies U.S.C., Title 28, [former] §384 (Suits in equity, when not sustainable). U.S.C., Title 28, §§723 and 730 [see 2071 et seq.] (conferring power on the Supreme Court to make rules of practice in equity), are unaffected insofar as they relate to the rule making power in admiralty. These sections, together with §723b [see 2072] (Rules in actions at law; Supreme Court authorized to make) are continued insofar as they are not inconsistent with §723c [see 2072] (Union of equity and action at law rules; power of Supreme Court). See Note 3 to Rule 1. U.S.C., Title 28, [former] §§724 (Conformity act), 397 (Amendments to pleadings when case brought to wrong side of court) and 398 (Equitable defenses and equitable relief in actions at law) are superseded.
2. Reference to actions at law or suits in equity in all statutes should now be treated as referring to the civil action prescribed in these rules.
3. This rule follows in substance the usual introductory statements to code practices which provide for a single action and mode of procedure, with abolition of forms of action and procedural distinctions. Representative statutes are N.Y. Code 1848 (Laws 1848, ch. 379) §62; N.Y.C.P.A. (1937) §8; Calif.Code Civ.Proc. (Deering, 1937) §307; 2 Minn.Stat. (Mason, 1927) §9164; 2 Wash.Rev.Stat.Ann. (Remington, 1932) §§153, 255.
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