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when case brought to wrong side of court) and 398 (Equitable defenses and equitable relief in actions at law) are superseded.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.