You are on page 1of 2

Section 1. When interpleader proper.

Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. (1a, R63) RULE 62 Interpleader Section 1 WHAT WHEN : When interpleader proper. : Whenever conflicting claims upon the same subject matter: are or may be made against a person who claims no interest whatever in the subject matter or an interest which in whole or in part is not disputed by the claimants, : Plaintiff : bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves.

WHO HOW Section 2. What When Who How

: Order. : Upon the filing of the complaint, : the court : issue an order requiring the conflicting claimants to interplead with one another. may direct in such order that the subject matter be paid or delivered to the court. (If the interest of justice so requires) : Service of Summons. : upon the conflicting claimants, : Served together with a copy of the complaint and order.

Section 3. What Who How

Section 4. What : Motion to dismiss. When : Within the time for filing an answer, Who : Claimant Grounds: impropriety of the interpleader action or on other appropriate grounds specified in Rule 16. Effect of Filing Motion to dismiss: The period to file the answer shall be tolled and if the motion is denied, the movant may file his answer within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial. Section 5. What: Answer and other pleadings.

Who: Claimants When:within fifteen (15) days from service of the summons upon him, How: setting forth his claim serving a copy thereof upon each of the other conflicting claimants who may file their reply thereto as provided by these Rules. If any claimant fails to plead within the time herein fixed, the court may, on motion, declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter. Pleadings may be filed by the parties in an interpleader action: counterclaims, cross-claims, third-party complaints and responsive pleadings thereto Section 6. What: Determination of respective rights and adjudication of several claims. When: After the pleadings of the conflicting claimants have been filed, and pre-trial has been conducted in accordance with the Rules Who: the court Section 7. What: Docket and other lawful fees, costs and litigation expenses as liens. Who: the party who filed a complaint under this Rule How: shall constitute a lien or change upon the subject matter of the action, unless the court shall order otherwise.