8/13/2019 Rules on Interpleader

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RULE 62 - Interpleader

When proper

- Whenever conflicting claims upon the same subject matter are or may be made against a person who

claims no interest whatever in the subject matter, or an interest which in whole or in part is not

disputed by the claimants, he may bring an action against the conflicting claimants to compel them to

interplead and litigate their several claims among themselves.

How

1. Filing of the complaint

2. Payment of docket and other lawful fees, as well as the costs and litigation expenses (to constitute a

lien or change upon the subject matter of the action, unless the court shall order otherwise)

3. Court issues an order requiring the conflicting claimants to interplead with one another.

4. Court may also direct in such order that the subject matter be paid or delivered to the court.

5. Summons shall be served upon the conflicting claimants, together with a copy of the complaint and

order.

6. Filing of Motion to dismiss or answer and other pleadings

7. pre-trial

8. court shall proceed to determine their respective rights and adjudicate their several claims

Motion to dismiss

- within the time for filing an answer, each claimant may file a motion to dismiss on the ground of

impropriety of the interpleader action or on other appropriate grounds specified in Rule 16.

- The period to file the answer shall be tolled and if the motion is denied, the movant may file his

answer within the remaining period, but which shall not be less than five (5) days in any event,

reckoned from notice of denial.

Answer and other pleadings

- Each claimant shall file his answer setting forth his claim within fifteen (15) days from service of the

summons upon him,

- serving a copy thereof upon each of the other conflicting claimants who may file their reply thereto

as provided by these Rules.

-

If any claimant fails to plead within the time herein fixed, the court may, on motion, declare him indefault and thereafter render judgment barring him from any claim in respect to the subject matter.

- The parties in an interpleader action may file counterclaims, cross-claims, third-party complaints and

responsive pleadings.