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Rule 22 – Interpleader

May 13, 2021 | Civil Procedure, Indiana

(A)Plaintiff or defendant. Persons having claims against the plaintiff may be joined as defendants and required to interplead when 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 avers that he is not liable in whole or part to any or all of the claimants. A defendant exposed to similar liability may obtain such 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)Extension of statutory interpleader. This rule shall extend, but not diminish or reduce the right to interpleader provided by statute.
(C)Sufficiency of complaint or answer seeking interpleader. A complaint or answer seeking interpleader under Rule 22(A) is sufficient if:

(1) it admits that a liability is owing or it states that a totally or partially unfounded liability is asserted to be owing to either one or more of the parties interpleaded;
(2) it declares that because of such claims the person seeking interpleader is or may be exposed to double or multiple liability; and
(3) it prays that the parties interpleaded assert their claims against the party seeking interpleader and against each other.

The complaint may also show, if such is the fact, that the person seeking interpleader has deposited with the court money, or property, or a bond securing performance. It also may include appropriate prayers for equitable relief, including injunction against other nonpending suits by the parties interpleaded, against the person seeking interpleader or among themselves. Except to the extent that the issues are raised by the pleadings of the person seeking interpleader, the claims of those interpleaded, whether dependent or independent, may be pleaded in the same manner as if the claims were counterclaims or cross-claims under Rule 13 and within the time as prescribed by Rule 6. Incorrectness of the interpleader under Rule 22(A) is grounds for dismissal as provided in Rule 12(B)(6). New service against defaulting parties required by Rule 5(A) shall not apply to the responsive pleadings filed by parties named to interpleader proceedings under Rule 22(A) unless ordered by the court. Trial of the issues may be held at one [1] hearing or in successive stages at the sound discretion of the court and subject to Rule 42.

(D)Release from liability-Deposit or delivery. Any party seeking interpleader, as provided in subdivision (A) of this rule, may deposit with the court the amount claimed, or deliver to the court or as otherwise directed by the court the property claimed, and the court may thereupon order such party discharged from liability as to such claims, and the action continued as between the claimants of such money or property.

Ind. R. Civ. P. 22