RulesofCivilProcedure.com Civil Procedure · Every State

Rule 1-002.One form of action

Last verified June 26, 2026

In one sentenceRule 1-002 establishes a single mode of civil litigation in New Mexico: there is one form of action, called a civil action.

Full Text of Rule 1-002

Text size

There shall be one form of action to be known as "civil action".
End

Plain-English Summary

Rule 1-002 abolishes the old division between actions at law and suits in equity. There is now one form of action—the “civil action”—so a litigant no longer has to choose a historical form of proceeding, and may pursue legal and equitable relief in the same case. The merger is procedural; it changes how a case is framed and tried, not the substance of legal versus equitable rights.

Frequently Asked Questions

What does “one form of action” mean in New Mexico?

It means there is a single kind of civil proceeding—the civil action. New Mexico does not separate lawsuits into actions at law and suits in equity; both legal and equitable relief may be sought in one case.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-002 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source
Also known as: one form of actioncivil actionmerger of law and equity