Trials and issues. A trial is a judicial examination of issues in an action, whether of law

or fact. Issues arise where a pleading of one party maintains a claim controverted by an adverse party. Issues are either of law or fact. An issue of fact arises on a material allegation of fact in a pleading which is denied in an adversary’s pleading or by operation of law. All other issues are issues of law which must be tried first. [Report 1943; November 9, 2001, effective February 15, 2002]