RULE 22. INTERPLEADER
By joinder, cross-claim or counterclaim
(1) By a Plaintiff. Persons
with claims against the that may expose a plaintiff
double or multiple liability may be joined as defendants and required to interplead
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
(A) the claims of the several claimants, or the titles
on which their claims depend,
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
(2) By a Defendant. A defendant exposed to similar liability
obtain like seek
interpleader by way of cross-claim through a crossclaim or
(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, March 1, 2011.
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 March 1, 2011.
Rule 22 was amended, effective March 1, 2011, 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 September 25,
2008, pages 19-20; April
20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 14;
Fed.R.Civ.P. 22(a) , FRCivP. Statutes Affected: Superseded: N.D.R.C. 1943 §§ 28-0223,
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
25 (Substitution of Parties) , N.D.R.Civ.P.