There shall be one form of action to be known as a “civil action.” The distinction between actions at law and suits in equity, and the forms of all such actions and suits, are abolished in this state.
Rule 2.One Form of Action
Part I: Scope of Chapter — One Form of Action · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-2 establishes a single form of action called a “civil action” in South Dakota and abolishes the old distinction between actions at law and suits in equity, along with the separate forms those actions used to require.
Full Text of Rule 15-6-2
Plain-English Summary
Before rules like this one, many states kept law and equity as separate tracks, each with its own forms, procedures, and sometimes its own courts. Rule 15-6-2 does away with that split for South Dakota circuit courts. There is now one form of action, called a civil action, whether the underlying claim historically would have been heard at law (a claim for money damages, for example) or in equity (a claim for an injunction, for example).
The rule reaches beyond the label. It abolishes the distinction between actions at law and suits in equity, and it abolishes the separate forms those actions and suits used to require. A litigant no longer has to choose the correct historical form and risk losing a case on that choice alone; the same civil action carries both legal and equitable claims.
This merger is what makes later rules like joinder of claims possible without artificial barriers between legal and equitable relief. A single plaintiff can pursue a damages claim and an equitable remedy against the same defendant in the same civil action, because Rule 15-6-2 has already erased the line that once would have kept them apart.
Frequently Asked Questions
Does South Dakota still separate lawsuits into actions at law and suits in equity?
No. Rule 15-6-2 abolishes that distinction. Every case is a single kind of proceeding called a civil action, regardless of whether the relief sought would once have been classified as legal or equitable.
What is a civil action under South Dakota procedure?
It is the one form of action Rule 15-6-2 establishes for suits of a civil nature in circuit court, replacing the older separate forms for actions at law and suits in equity.
Can I seek both money damages and an injunction in the same lawsuit?
Rule 15-6-2’s merger of law and equity into one civil action removes the historical barrier that would have required separate proceedings for legal and equitable relief.
Does this rule change what claims exist, or just how they are brought?
Rule 15-6-2 addresses the form of the action, not the underlying substantive claims. It removes the old procedural forms and distinctions, not the legal or equitable rights themselves.
Why does South Dakota use just one form of action?
Rule 15-6-2 reflects a broader shift toward simplified, unified civil procedure, letting a court and the parties focus on the merits of a claim rather than on whether it was correctly labeled as legal or equitable.
Amendment History
—SDC 1939 & Supp 1960, § 33.0101; SD RCP, Rule 2, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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