§2.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§2.8 sTRATEGIC AND PRACTICAL CONSIDERATIONS

CR 2 is rarely cited because of the liberal notice pleading standard (see CR 8(a)). Nevertheless, you may find it useful to cite CR 2 when faced with procedural impediments to the presentation of a claim.

Notwithstanding CR 2, consider the relief you seek and the nature of your action as "legal" or "equitable" at the time you draft your pleadings, because the historical nature of the action may affect the availability of a jury trial. See,e.g., Brown v. Safeway Stores, Inc., 94 Wn.2d 359, 365-68, 617 P.2d 704 (1980); King Aircraft Sales, Inc. v. Lane, 68 Wn.App. 706, 718, 846 P.2d 550 (1993). In particular, if you seek equitable relief, such as injunctive relief or rescission of a contract, the trial court may have discretion...