C.R.C.P. 2

History

ANNOTATION The rules of civil procedure are designed to dispense with ritualistic, common-law, forms-of-action pleading. Bernstein v. Dun & Bradstreet, Inc., 149 Colo. 150, 368 P.2d 780 (1962). The rules of civil procedure clearly pro- vide for only one form of action. State Bd. of Exam’rs of Architects v. Marshall, 136 Colo. 200, 315 P.2d 198 (1957). This rule abolishes distinction between ac- tions at law and in equity. Dunlap v. Sanderson, 456 F. Supp. 971 (D. Colo. 1978). It is immaterial whether an action is one for damages or one for specific performance, since, under this rule, there is but one form of action. McKenzie v. Crook, 110 Colo. 29, 129 P.2d 906 (1942). This rule providing for one form of action does not abrogate the common law or equity rules relative to the right of one partner to sue another partner. L.H. Heiselt, Inc. v. Brown, 108 Colo. 562, 120 P.2d 644 (1941). Applied in Uhl v. Fox, 31 Colo. 13, 498 P.2d 1177 (1972).