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RULE 22. INTERPLEADER

July 25, 2011

RULE 22.01: GENERALLY.

Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he or she is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of the parties permitted in Rule 20.

RULE 22.02: PROCEDURE.

Any property or amount involved as to which the party seeking interpleader admits liability may, upon order of the court, be deposited with the court or otherwise preserved, or secured by bond in amount sufficient to assure payment of the liability admitted. The court may thereafter enjoin all parties before it from commencing or prosecuting any other action regarding the subject matter of the interpleader action. Upon hearing, the court may order the party seeking interpleader discharged from liability as to property deposited or secured before determining the rights of the claimants thereto.

Advisory Commission Comments. Rule 22.01 provides for interpleader of persons having claims against the plaintiff and specifies that it also is available to a defendant by way of cross-claim or counterclaim. Rule 22.02 provides for deposit with the court of any property or amount involved as to which the party seeking interpleader admits liability. By depositing the property or amount claimed with the court, or making bond to secure payment of an admitted liability, a party may be protected against suit by any of the claimants, and may upon the hearing, be discharged from liability before the rights of the interpleaded parties have been determined.

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