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Rule 2-221 – Interpleader

May 13, 2021 | Civil Prodcedure, Maryland

(a) Interpleader Action. An action for interpleader or in the nature of interpleader may be brought against two or more adverse claimants who claim or may claim to be entitled to property. The claims of the several defendants or the title on which their claims depend need not have a common origin or be identical but may be adverse to and independent of each other. The plaintiff may deny liability in whole or in part to any or all of the defendants. A defendant may likewise obtain interpleader by way of counterclaim or cross-claim. The provisions of this Rule supplement and do not in any way limit the joinder of parties permitted by Rule 2-212. The complaint for interpleader shall specify the nature and value of the property and may be accompanied by payment or tender into court of the property. The complaint may request, and the court may grant prior to entry of the order of interpleader pursuant to section (b) of this Rule, appropriate ancillary relief, including ex parte or preliminary injunctive relief.

Cross reference: For the definition of property, see Rule 1-202(y).

(b) Order of Interpleader. After the defendants have had an opportunity to answer the complaint and oppose the request for interpleader, the court shall promptly schedule a hearing to determine the appropriate order to be entered. The order may:

(1) dismiss the interpleader action;
(2) require the defendants to interplead as to the property within a time specified, designating one or more of them as plaintiffs and one or more of them as defendants;
(3) direct the original plaintiff (the party bringing the interpleader action) to deposit the property or the value of the property into court to abide the judgment of the court or to file a bond with such surety as the court deems proper, conditioned upon compliance by the plaintiff with the future order or judgment of the court with respect to the property;
(4) enjoin the original defendants from bringing or prosecuting any other action affecting the property;
(5) discharge the original plaintiff from further liability with respect to the property upon deposit of the property with the court;
(6) award the original plaintiff costs and reasonable attorney’s fees from the property if that plaintiff brought the action in good faith as an impartial stakeholder;
(7) direct the distribution of any part of the property not in dispute.
(c) Jury Trial. A demand for jury trial as to those issues that are triable of right by a jury shall be filed not later than 15 days after the entry of the order of interpleader or such other time as the court may specify in the order of interpleader.
(d) Subsequent Procedure. Within the time specified in the order of interpleader, the designated plaintiff shall file a complaint setting forth the claim of that plaintiff and shall serve each designated defendant pursuant to Rule 1-321. The action thereafter shall proceed as any other action.

Md. R. Civ. P. Cir. Ct. 2-221

This Rule is derived as follows:

Section (a) is derived from the 1948 version of Fed. R. Civ. P. 22(1) and former Rule BU 70.

Section (b) is derived from former Rule BU 72.

Section (c) is derived from former Rule BU 73.

Section (d) is derived from former Rule BU 74.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004; Feb. 10, 2009, eff. May 1, 2009; June 7, 2011, eff. July 1, 2011; amended Mar. 13, 2020, eff. March 16, 2020.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

2009 Orders

The February 10, 2009, order, corrected a cross-reference.

2011 Orders

The June 7, 2011, order amended the cross reference following section (a).