Also known as: FRCP 22 · Fed. R. Civ. P. 22 · interpleader
Written by attorneys · grounded in primary & secondary sources — see below
A federal procedural rule authorizing a stakeholder facing multiple claims to the same fund or property to join the claimants as defendants and require them to litigate their rights among themselves. The rule permits joinder even when the claims lack a common origin or are adverse and independent. It also applies when the stakeholder denies liability in whole or in part to any claimant.
Select any source to read its text and confirm it supports the definition.
Prime Indemnity holds a $300,000 liability policy after a multi-car collision. Roy, Bernard, Wesley, and North Indemnity each demand payment from the limits. Prime deposits the funds with the court and joins the claimants as defendants. The court requires the claimants to resolve priority among themselves.
State Farm faces multiple tort claims from an accident involving several injured parties. The insurer files an interpleader action and serves claimants across state lines. The court exercises jurisdiction over all claimants and enjoins separate state proceedings. The claimants then litigate their shares of the policy proceeds in one forum.
A corporation holds disputed shares claimed by both a shareholder derivative plaintiff and an outside purchaser. The corporation deposits the shares with the court and joins both claimants. The court orders the claimants to interplead their ownership rights. The derivative action proceeds only after the ownership dispute is resolved.
National Equipment Rental receives demands for the same lease payments from both the original lessor and an assignee. The company deposits the payments with the court and joins the two claimants. The court requires them to litigate title to the funds. National Equipment Rental is discharged once the rightful recipient is determined.
Federated Department Stores holds settlement proceeds claimed by two separate plaintiff classes. The company deposits the funds and joins both groups as defendants. The court directs the classes to resolve their competing entitlements in one proceeding. Federated is protected from paying the same amount twice.
A custodian holds funds subject to conflicting ownership claims by two private parties. The custodian deposits the funds with the court and joins the claimants as defendants. The court requires the claimants to litigate title in a single proceeding. The custodian avoids inconsistent obligations from separate actions.
Rule 22 interpleader applies when the stakeholder is diverse from all claimants and the amount in controversy exceeds $75,000. It follows ordinary rules for subject matter jurisdiction, personal jurisdiction, and venue. Statutory interpleader under 28 U.S.C. § 1335 offers minimal diversity among claimants, a $500 amount threshold, and nationwide service of process.
Supporting sources
No. The rule expressly permits interpleader even when the claims lack a common origin or are adverse and independent rather than identical. This allows joinder whenever multiple claims create a risk of double or multiple liability on the same fund or property.
…of the Committee "strongly recommend[ed]" the elimination of diversity jurisdiction, save for "complex multi-state litigation, interpleader, and suits involving aliens." Id. , at 38-39; accord Subcommittee Report, at 454-458. "[N]o other step," the Committee's Report maintained, "will do anywhere nearly as much to reduce…
…Practice ¶ 24.16[7] (2d ed. 1969); 5 id. , ¶ 38.38 [3]. A similar development seems to be taking place in the lower courts in interpleader actions. Before merger interpleader
…States. The ensuing litigation led to the present case, which raises important questions concerning administration of the interpleader
…379 U. S. 674 (escheat of intangible personal property), Texas v. Florida , 306 U. S. 398, 405 (suit by bill in the nature of interpleader
…by a nonresident of New York of an agent to receive service of process is ineffective ; the court, in denying an order for interpleader
Supporting sources
Yes. Rule 22(a)(1)(B) permits interpleader even though the plaintiff denies liability in whole or in part to any or all claimants. The stakeholder may deposit the fund or property and obtain discharge while the claimants litigate their rights.
Supporting sources
The stakeholder must show a genuine risk of multiple liability from adverse claims to the same res. The stakeholder typically deposits the fund or property with the court and joins the claimants as defendants. The court then resolves the competing claims in a single proceeding.
Supporting sources
No. Unliquidated claims suffice when the stakeholder faces a realistic prospect of inconsistent obligations. The rule protects against the risk of multiple liability even before any claimant obtains a judgment.
Supporting sources