There is one form of action the civil action.
Rule 2.One form of action
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 2 abolishes the old distinction between actions at law and suits in equity, providing that West Virginia recognizes a single kind of case: the civil action.
Full Text of Rule 2
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Before rules like this existed, courts drew a line between "actions at law" (for damages) and "suits in equity" (for injunctions and other non-monetary relief), each with its own procedure. Rule 2 erases that line.
Now there is one form of action in West Virginia's trial courts: the civil action. A plaintiff doesn't have to choose a legal track or an equitable track, or worry about filing the wrong kind of case. A single complaint can seek money damages, an injunction, a declaratory judgment, or any combination the facts support.
Frequently Asked Questions
What was the difference between "law" and "equity" that Rule 2 eliminated?
Historically, claims for money damages went through courts of law, while claims for injunctions, specific performance, and similar non-monetary relief went through separate courts of equity, each with its own rules and procedures. Rule 2 folds both into a single civil action.
Can I still ask for both money damages and an injunction in the same lawsuit?
Yes. Because there's only one form of action, a single complaint can combine legal and equitable relief in the same case.
Does Rule 2 affect what facts I need to allege?
No. It only addresses the form the action takes, not its substance. Rule 8 and the other pleading rules govern what a complaint must allege.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 2). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: law and equity mergercivil action definedone form of action