There shall be one form of action to be known as "civil action".
Rule 2.One form of action
Group I: Scope of Rules — One Form of Action · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 2 collapses South Carolina's old law-versus-equity divide and the separate category of "special proceedings" into a single unified procedure, so every civil claim now travels under one label: the civil action.
Full Text of Rule 2
Notes
Note: These Rules are the same as Federal Rules 1 and 2 except the name of the State. Rule 81 provides that the Rules will apply also to Magistrate's, Probate and Family Courts where not inconsistent with the rules of those courts. Rule 2 is substantially identical to Code Sections 15-1-80 and 90. This Rule also abolishes the mostly cosmetic differences between "actions" and "special proceedings". A special proceeding is really only a civil action in which some special remedy is sought; i.e., writ of mandamus, writ of habeas corpus, etc.
Plain-English Summary
Before this rule, South Carolina litigants had to know whether their claim belonged in a bucket labeled "action at law," "suit in equity," or "special proceeding," each with its own procedural quirks. Rule 2 erases those labels. Whatever the claim seeks — damages, an injunction, a declaratory judgment, or a writ like mandamus or habeas corpus — it proceeds as one thing: a civil action, governed by one set of rules.
The change is procedural housekeeping, not a rewrite of substantive rights. A plaintiff seeking an equitable remedy still has to prove the same elements the remedy has always required; what disappears is the separate procedural track that used to come with the label. A "special proceeding" was never anything more than a civil action asking for an unusual remedy, and Rule 2 stops treating it as a different animal.
Frequently Asked Questions
What is a "civil action" under Rule 2?
It's the single form every non-criminal lawsuit takes in South Carolina, replacing the older separate categories of actions at law, suits in equity, and special proceedings.
Does Rule 2 change what remedies a court can award?
No. The rule unifies procedure, not substance. Courts still award legal and equitable remedies according to the same standards that have always applied to them.
What used to count as a "special proceeding"?
Matters like a writ of mandamus or a writ of habeas corpus were historically filed as special proceedings. Rule 2 treats them as civil actions seeking a particular kind of remedy, nothing more exotic than that.
Does this rule affect how I caption or file a lawsuit?
It confirms that a case is filed and captioned as a civil action regardless of whether the underlying claim sounds in law or equity.
Why did South Carolina bother making this change?
Keeping separate procedural tracks for claims that end up in the same courthouse invited confusion over which rules applied to which case. One track removes that guesswork.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
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