Rule 22 – Interpleader

(a) Grounds. (1) By a Plaintiff. 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: (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 (B) the plaintiff denies liability in whole or in part to any or all of the claimants. (2) By a Defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.

(b) Relation to Other Rules and Statutes. This rule supplements—and does not limit—the joinder of parties allowed by Rule 20. The remedy this rule provides is in addition to—and does not supersede or limit—the remedy provided by 28 U.S.C. §§1335, 1397, and 2361. An action under those statutes must be conducted under these rules.

Selected Committee Notes 

The first paragraph provides for interpleader relief along the newer and more liberal lines of joinder in the alternative. It avoids the confusion and restrictions that developed around actions of strict interpleader and actions in the nature of interpleader. Compare John Hancock Mutual Life Insurance Co. v. Kegan et al., (D.C.Md., 1938) [ 22 F.Supp. 326 ]. It does not change the rules on service of process, jurisdiction, and venue, as established by judicial decision.

The second paragraph allows an action to be brought under the recent interpleader statute when applicable. By this paragraph all remedies under the statute are continued, but the manner of obtaining them is in accordance with these rules. For temporary restraining orders and preliminary injunctions under this statute, see Rule 65(e).

This rule substantially continues such statutory provisions as U.S.C., Title 38, §445 [now 1984] (Actions on claims; jurisdiction; parties; procedure; limitation; witnesses; definitions) (actions upon veterans’ contracts of insurance with the United States), providing for interpleader by the United States where it acknowledges indebtedness under a contract of insurance with the United States; U.S.C., Title 49, §97 [now 80110(e)] (Interpleader of conflicting claimants) (by carrier which has issued bill of lading). See Chafee, The Federal Interpleader Act of 1936: I and II (1936), 45 Yale L.J. 963, 1161.

Key Civ Pro Laws (MBE/MEE)

Constitutional Provisions

U.S. Code

FRCP

  • Rule 3 – Commencing an action
  • Rule 4 – Summons
  • Rule 6 – Computing and extending time
  • Rule 7 – Pleadings allowed
  • Rule 8 – General pleading rules
  • Rule 9 – Pleading special matters
  • Rule 11 – Signing pleadings, motions, and other papers
  • Rule 12 – Defenses and objections
  • Rule 13 – Counterclaim and crossclaim
  • Rule 14 – Third-party practice
  • Rule 15 – Amended and supplemental pleadings
  • Rule 16 – Pretrial conferences, scheduling, management
  • Rule 19 – Required joinder of parties
  • Rule 20 – Permissive joinder of parties
  • Rule 22 – Interpleader
  • Rule 23 – Class actions
  • Rule 24 – Intervention
  • Rule 26 – Duty to disclose
  • Rule 30 – Depositions by oral examination
  • Rule 31 – Depositions by written questions
  • Rule 33 – Interrogatories
  • Rule 34 – Producing documents, electronically stored information, and tangible things
  • Rule 35 – Physical and mental examinations
  • Rule 36 – Requests for admission
  • Rule 37 – Failure to make disclosures or to cooperate in discovery
  • Rule 38 – Right to a jury trial
  • Rule 41 – Dismissal of actions
  • Rule 42 – Consolidation; separate trials
  • Rule 45 – Subpoena
  • Rule 47 – Selecting jurors
  • Rule 48 – Number of jurors; verdict; polling
  • Rule 49 – Special verdict; general verdict and questions
  • Rule 50 – Judgment as a matter of law in a jury trial
  • Rule 51 – Instructions to the jury; objections; preserving a claim of error
  • Rule 52 – Findings and conclusions by the court; judgment on partial findings
  • Rule 55 – Default; default judgment
  • Rule 56 – Summary judgment
  • Rule 59 – New trial; altering or amending a judgment
  • Rule 60 – Relief from a judgment or order
  • Rule 65 – Injunctions and restraining orders

FRAP

  • Rule 4 – Appeal as of right