N.D.R.Civ.P.RULE 22. INTERPLEADER (a)
By joinder, cross-claim or counterclaim Grounds.
(1) By a Plaintiff. Persons
having with claims against the that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead if their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that Joinder for interpleader is proper even though:
(A) the claims of the several claimants, or the titles on which their claims depend,
do not have lack a common origin or are not identical but are adverse to and independent of one another, rather than identical; or
that the plaintiff disclaims 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
obtain like seek interpleader by way of cross-claim through a crossclaim or counterclaim.
(b) Relation to Other Rules.
The provisions of this rule supplement and do not in any way This rules supplements, and does not limit, the joinder of parties permitted in allowed by Rule 20. (b) By substitution. A defendant against whom an action is pending upon a contract, or for specific real or personal property, at any time before answer, upon affidavit that a person not a party to the action and without collusion with the defendant makes against the defendant a demand for the same debt or property, upon due notice to that person and the adverse party, may apply to the court for an order to substitute that person as a party and to discharge the defendant from liability to either party upon depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct, and the court, in its discretion, may make the order.
Rule 22 was amended, effective March 1, 1990, ____________.
Subdivision (a) is identical to Rule 22, FRCivP, except for style changes and the deletion of any reference to statutory remedies. This rule is derived from Fed.R.Civ.P. 22. Subdivision (b) is A provision derived from N.D.R.C. 1943 § 28-0224 that allowed interpleader by substitution was deleted, effective _____________.
Rule 22 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Rule 22 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Sources: Joint Procedure Committee Minutes of _________; April 20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 14;
Rule Fed.R.Civ.P. 22(a) , FRCivP. Statutes Affected: Superseded: N.D.R.C. 1943 §§ 28-0223, 28-0224.
Rules N.D.R.Civ.P. 13 (Counterclaim and Cross-Claim), N.D.R.Civ.P. 14 (Third-Party Practice), N.D.R.Civ.P. 20 (Permissive Joinder of Parties), and N.D.R.Civ.P. 25 (Substitution of Parties) , N.D.R.Civ.P.