{"id":4224,"date":"2017-08-09T00:06:59","date_gmt":"2017-08-09T00:06:59","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4224"},"modified":"2017-10-10T19:59:59","modified_gmt":"2017-10-10T19:59:59","slug":"rule-22-interpleader","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4224","title":{"rendered":"Rule 22 \u2013 Interpleader"},"content":{"rendered":"

Definition of Interplea<\/span>:<\/strong><\/span><\/p>\n

“<\/strong>(17c) A pleading by which a stakeholder places the disputed property into the court\u2019s registry; the plea made by an interpleader.”<\/span><\/strong><\/span><\/p>\n

\n

Definition of<\/span>\u00a0Interplead<\/span>:<\/strong><\/span><\/p>\n

“<\/strong>vb. (16c) 1. <\/strong>(Of a claimant) to assert one\u2019s own claim regarding property or an issue already before the\u00a0<\/strong><\/span>court. 2. <\/strong>(Of a stakeholder) to institute an interpleader action, usu. by depositing disputed property into the court\u2019s registry to abide the court\u2019s decision about who is entitled to the property.”<\/strong><\/span><\/p>\n

Definition of Interpleader<\/span>:<\/strong><\/span><\/p>\n

“<\/strong>n<\/em>. (16c) l. A suit to determine a right to property held by a usu. disinterested third party <\/strong>(called\u00a0<\/span>a stakeholder)\u00a0who is in doubt about ownership and who therefore deposits the property with the court to permit interested parties to litigate ownership.\u00a0 Typically, a stakeholder initiates an interpleader both to determine who should receive the property and to avoid multiple liability.\u00a0 2. Loosely, a party who interpleads.<\/strong>\u00a0\u2014 Also termed (in civil law) con<\/em><\/span>cursus<\/em>.” [1]<\/strong><\/span><\/p>\n

Excerpt from Charles Alan Wright’s The Law of Federal Courts<\/a><\/em>:<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cInterpleader is a form of joinder open to one who does not know to which of several claimants he or she is liable, if liable at all. It permits him or her to bring the claimants into a single action, and to require them to litigate among themselves to determine which, if any, has a valid claim. Although the earliest records of a procedure similar to interpleader were at common law, it soon became an equitable rather than a legal procedure.<\/span>\u201d [2]<\/strong><\/span><\/p>\n

Definition of interpcIIatio<\/em><\/span>:<\/strong><\/span><\/p>\n

“<\/strong>n. [Latin \u201ca demand, interruption\u201d) Roman law. 1. A demand for payment of a debt or for desistance from a course of action.\u00a0 2. The interruption of a process, <\/strong>e.g., of the acquisition of title by possession.\u00a0 3. The institution of a legal process or appeal. <\/strong>Pl. interpcllationes<\/em>” [1]<\/strong><\/span><\/p>\n<\/div>\n

Download a PDF of the Official Form from UScourts.gov:<\/span><\/strong><\/span><\/p>\n

Complaint for Interpleader and Declaratory Relief<\/a><\/h1>\n

(this same form can be downloaded from UScourts.gov here<\/a>)<\/strong><\/span><\/p>\n

Transcript of Rule 22:<\/span><\/strong><\/span><\/p>\n

(a) Grounds<\/strong>.<\/span><\/p>\n

(1) By a Plaintiff<\/a>.<\/em> <\/strong>Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:<\/span><\/p>\n

(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or<\/span><\/p>\n

(B) the plaintiff denies liability in whole or in part to any or all of the claimants.<\/span><\/p>\n

(2) By a Defendant<\/a>.<\/em><\/strong> A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.<\/span><\/p>\n

(b) Relation to Other Rules and Statutes<\/strong>. This rule supplements\u2014and does not limit\u2014the joinder of parties allowed by Rule 20<\/a>. The remedy this rule provides is in addition to\u2014and does not supersede or limit\u2014the remedy provided by 28 U.S.C. \u00a7\u00a71335, 1397, and 2361. An action under those statutes must be conducted under these rules.<\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

[1]:\u00a0All definitions from:\u00a0Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0<\/i>by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/strong><\/span><\/p>\n

[2]:\u00a0Charles Alan Wright, The Law of Federal Courts 5 74, at 531 (5th ed. 1994).<\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Definition of Interplea: “(17c) A pleading by which a stakeholder places the disputed property into the court\u2019s registry; the plea made by an interpleader.” Definition of\u00a0Interplead: “vb. (16c) 1. (Of a claimant) to assert one\u2019s own claim regarding property or an issue already before the\u00a0court. 2. (Of a stakeholder) to institute an interpleader action, usu. … Continue reading Rule 22 \u2013 Interpleader<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":4961,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4224","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4224","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4224"}],"version-history":[{"count":5,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4224\/revisions"}],"predecessor-version":[{"id":5974,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4224\/revisions\/5974"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4961"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4224"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}