Editing Interpleader (section)

=== 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]].}}