(A) There shall be one [1] form of action to be known as “civil action.”
Rule 2.One form of action
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 2 abolishes Indiana’s old split between actions at law and suits in equity, making the “civil action” the only form of lawsuit, and confirms a private civil claim survives independent of any punishment or public remedy for the same conduct.
Full Text of Rule 2
(B) The right of a civil action is not merged in a public offense or a public remedy, but may, in all cases, be sought independently of and in addition to the punishment given or relief gran- ted for the public offense.
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Subdivision (A) does the heavy lifting: it collapses every old label — actions at law, suits in equity, statutory proceedings — into one form, the “civil action.” Before this rule existed, choosing the wrong label could sink a case before it was heard on the merits. Now a single complaint can ask for money damages, an injunction, a declaration of rights, or any combination, all inside one lawsuit under one set of procedures.
Subdivision (B) handles a narrower question: what happens when the same conduct could also be punished as a public offense or addressed through a public remedy? Rule 2(B) makes clear that a private civil claim does not disappear into, or wait on, that public process. A person harmed by conduct that is also a crime or a regulatory violation can bring a civil action for their own damages regardless of whether — or how — the public side of the matter is resolved.
Frequently Asked Questions
What does “one form of action” mean under Indiana Trial Rule 2?
It means Indiana no longer separates lawsuits into old categories like actions at law and suits in equity. Every civil claim — whatever relief it seeks — proceeds as a single “civil action” under the same Trial Rules.
Can I ask for both money damages and an injunction in the same Indiana case?
Yes. Because Rule 2 merges the old law and equity systems into one form of action, a single complaint can request legal and equitable relief together.
If the same incident could lead to criminal charges, can I still file a civil suit?
Yes. Rule 2(B) states that a civil action is not merged into a public offense or public remedy. Your private claim can proceed independent of, and in addition to, any punishment or relief the state pursues.
Do I need to wait for a criminal case to finish before suing civilly?
Rule 2 does not require that. A civil action tied to the same conduct may be sought independent of a public prosecution or remedy, though practical or evidentiary considerations may still affect timing.
Why doesn’t Indiana use terms like “cause of action” anymore?
The Trial Rules favor the more flexible term “claim” or “claim for relief” over the older, technical “cause of action,” consistent with Rule 2’s move away from rigid, label-driven pleading.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 2). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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