RULE 22. INTERPLEADER

Effective Date: 3/1/1990

Obsolete Date: 3/1/2011

(a) By Joinder, Cross-Claim or Counterclaim. Persons having claims against the plaintiff 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 the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff disclaims liability in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain like interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in 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.

This rule is derived from Fed.R.Civ.P. 22.

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)

CROSS REFERENCE: 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).

Effective Date Obsolete Date
03/01/2011 View
03/01/1990 03/01/2011 View