There is one form of action -- the civil action.
Rule 2.One Form of Action
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 2 abolishes the old split between actions at law and suits in equity, providing that Montana has a single, unified mode of proceeding: the civil action.
Full Text of Rule 2
Plain-English Summary
For centuries, courts kept two separate tracks: actions “at law,” which sought money damages, and suits “in equity,” which sought remedies like injunctions. The two had different procedures, and choosing the wrong one could sink a case. Rule 2 sweeps that distinction away.
In Montana there is now one form of action. Whatever relief you are after — damages, an injunction, a declaration of rights, or several at once — you bring a single “civil action” governed by these rules. The rule is one sentence long, and that brevity is the point: procedure should not turn on labels.
Frequently Asked Questions
What does “one form of action” mean?
Historically, courts separated lawsuits seeking money (“at law”) from those seeking equitable remedies like injunctions (“in equity”), each with its own procedure. Rule 2 abolishes that division — in Montana everything proceeds as a single civil action.
Can I seek both damages and an injunction in the same case?
Yes. Because there is only one form of action, you may request legal and equitable relief together in the same complaint.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text