Interpleader

When the interpleader is used

Timing: when multiple people claim the same fund or property. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Rule 22 sets out rule interpleader; a separate statutory interpleader exists under 28 U.S.C. § 1335.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 22 online. Also, the federal judiciary publishes the current rules and recent amendments.

The interpleader in state court

This page covers the federal version. In state court, the interpleader may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Interpleader: a procedure for resolving competing claims to the same money or property in one case.

Related procedures

Similarly, these procedures often come up alongside it:

• Joinder of Parties (Required and Permissive): the rules for who must, and who may, join as parties in one lawsuit.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.