FEDERAL RULES OF CIVIL PROCEDURE
Notes of Advisory Committee on Rules.
 
 

FEDERAL RULES OF CIVIL PROCEDURE
 

ARTICLE 1 SCOPE OF RULES--ONE FORM OF ACTION

Rule 1. Scope and Purpose of Rules

NOTES TO RULE 2

Notes of Advisory Committee on Rules.

1. This rule modifies USC, Title 28, former § 384 (Suits in equity, when not
sustainable). USC, Title 28, formerly §§ 723 and 730 (now §§ 2071--2073)
(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 former § 723b (now § 2072) (Rules in actions at law;
Supreme Court authorized to make) are continued insofar as they are not
inconsistent with former § 723c (now § 2072) (Union of equity and action at law
rules; power of Supreme Court). See Note 3 to Rule 1 . USC, 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superseded.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 NY Code 1848 (Laws
1848, ch 379) § 62; NYCPA (1937) § 8; Calif Code Civ Proc (Deering, 1937) § 307; 2
Minn Stat (Mason, 1927) § 9164; 2 Wash Rev Stat Ann (Remington, 1932) §§ 153,
255.
 

Rule 1. Scope and Purpose of Rules