Editing Interpleader (section)

==Different types of interpleader in U.S. federal practice==
There are two specific types of interpleader actions in the [[United States federal courts]]. Statutory Interpleader governed by {{UnitedStatesCode|28|1335}}, and Rule Interpleader established by [[Federal Rules of Civil Procedure]] {{frcp|22}}.

=== Statutory interpleader===
* {{UnitedStatesCode|28|1335}} allows an individual with a stake which is, or may be, claimed by two or more adverse claimants, to interplead those claimants and bring them into a singular action.
* '''Jurisdiction''': Under {{UnitedStatesCode|28|2361}}, a person anywhere within the United States may be served by the stakeholder
* '''Diversity''': [[Diversity jurisdiction]] is satisfied as long as there are two claimants of different states {{USCSub|28|1335|a|1}}. For example, if you have three claimants, two of which are residents of Florida, and one from California, diversity would be satisfied. The diversity of the stakeholder, however, is irrelevant to the rule. This is known as minimal diversity and was held to be permissible under [[Article III of the United States Constitution#Section 2: Judicial power, jurisdiction, and trial by jury|Article III, § 2]] of the [[United States Constitution]], ''[[State Farm Fire and Cas. Co. v. Tashire]]'' {{ussc|386|523|1967|pin=530}}
* '''Amount in controversy''': The stake in the claim ([[amount in controversy]]) must be ''greater than or equal'' to $500 in value {{USCSub|28|1335|a}}, opposed to the Rule Interpleader requirement of any amount ''exceeding'' $75,000 in diversity based actions {{USCSub|28|1332|b}}. 
* '''Venue''': The venue for a Statutory Interpleader is in the Judicial District in which one of the claimants resides, {{usc|28|1397}}.
* '''Deposit''': A Statutory Interpleader action is commenced by the stakeholder who must initially deposit with the court, the [[amount in controversy]], or post a specific bond with the court, {{USCSub|28|1335|a|2}}. The stakeholder may, however, at trial claim they don't owe money to the claimants at all, since the action can be in the nature of interpleader.<ref>{{cite journal|last=Chafee|first=Zecheriah|title=Federal Interpleader Act of 1936|journal=Yale Law Journal|date=April 1936|volume=45|issue=6|pages=963–990|doi=10.2307/792068|jstor=792068|url=https://openyls.law.yale.edu/bitstream/20.500.13051/12648/2/47_45YaleLJ963_1935_1936_.pdf}}</ref> 
Such an action may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another. {{USCSub|28|1335|b}}.
 
* '''Injunction''': Once the statutory interpleader action is commenced, the court may restrict all claimants from starting or continuing any action which would affect the stake, make such injunction permanent, and discharge the stakeholder from liability. {{UnitedStatesCode|28|2361}}. Such [[injunction]] is not governed by Federal Rule of Civil Procedure Rule {{frcp|65}}.

The may claim language added in 1948 codification to [[Title 28 of the United States Code]] in the definitions of claim allow interpleader for unliquidated claims, such as multiple claimant to a [[liability insurance]] policy  injured in  an accident before they are reduced to judgment or settled, however the injunction may only restrain the claimants from suits making claims against the ''res'' not suits to liquidate the claim or against third parties.<ref>''State Farm Fire and Cas. Co. v. Tashire'' {{ussc|386|523|1967|pin=530}}</ref> The procedures for a Statutory Interpleader action are governed by the Federal Rules of Civil Procedure. Rule 22(b).

=== Rule interpleader ===
<small>(Current as of December 1, 2011)</small>

Interpleader is also allowed by the [[Federal Rules of Civil Procedure]] {{frcp|22}}. Rule 22 is known as rule interpleader. Rule interpleader provides a remedy for any person who is, or may be exposed to double or multiple liabilities. The stakeholder may invoke Rule 22 as a plaintiff, or by counter-claiming in an action already started against him by one, or more claimants. There are specific differences between Statutory Interpleader, and Rule Interpleader:
* '''Jurisdiction''': Rule Interpleader does not provide a basis for jurisdiction in the [[United States District Court]]; there must be an independent basis of jurisdiction under [[Title 28 of the United States Code]], i.e., [[diversity jurisdiction]]   {{USCSub|28|1332|a}} which requires that the claimants have complete diversity between the stakeholder, and all claimants; but not between the claimants, or [[federal question jurisdiction]] {{usc|28|1331}} i.e., when a claim is based on federal law;<ref>[http://law.justia.com/cases/federal/appellate-courts/F2/999/581/308917/ Commercial Union Insurance Co. v. U.S. {{west|F|999|2|581|1993|DC Cir.| }}]</ref> or there is a specific statute authorizing interpleader i.e., {{usc|38|1984}} or {{uscsub|49|80110|e}}.
* '''Service''': There is no nationwide service of process as in a statutory interpleader action. Service must be carried out within the state where the court sits, or according to the [[long-arm statute]] of the state, Rule [https://www.law.cornell.edu/rules/frcp/rule_4 4(k)(1)].
* '''Amount in Controversy''': The amount in controversy must exceed $75,000 if based on diversity jurisdiction meeting the requirements of {{USCSub|28|1332|b}}.
* '''Deposit''': There is no deposit required to be made with the court for a Rule 22 interpleader action. The stakeholder may claim that they are not liable in whole, or part, to any or all the claimants, Rule 22(a)(1)(B). However for the stakeholder to be discharged he must deposit the money or property with the court pursuant to Rule {{frcp|67}}.

==== Bankruptcy ====
In [[bankruptcy court]] interpleader under [[Federal Rules of Civil Procedure]] {{frcp|22}} may be maintained as an [[adversary proceeding]] under [[Federal Rules of Bankruptcy Procedure]] {{frbp|7022}}.

====Federal Rules of Civil Procedure 22 ====

{{quote|(a) Grounds for an Interpleader Action

(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{{spaced ndash}}and does not limit{{spaced ndash}} the [[joinder]] of parties allowed by Rule {{frcp|20}}.  The remedy this rule provides is in addition to{{spaced ndash}}and does not supersede or limit{{spaced ndash}}the remedy provided by {{usc|28|1335}}, {{usc|28|1397|pipe=1397}}, and {{usc|28|2361|pipe=2361}}.  An action under those statutes must be conducted under [[Federal Rules of Civil Procedure|these rules]].}}