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Rule 22 – Interpleader

May 14, 2021 | Civil Procedure, North Dakota

(a) Grounds.

(1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:

(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent, rather than identical; or
(B) the plaintiff denies liability in whole or in part to any or all of the claimants.
(2) By a Defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.
(b) Relation to Other Rules. This rule supplements, and does not limit, the joinder of parties allowed by Rule 20.

N.d. R. Civ. P. 22

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)

EXPLANATORY NOTE 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 ยง 28-0224 that allowed interpleader by substitution was deleted, effectiveMarch 1, 2011. Rule 22 was amended, effectiveMarch 1, 2011, in response to theDecember 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. STATUTES AFFECTED: SUPERSEDED: Sections 28-0223, 28-0224, NDRC 1943.

Rules 13 (Counterclaim and Cross-Claim), 14 (Third-Party Practice), 20 (Permissive Joinder of Parties), and 25 (Substitution of Parties), N.D.R.Civ.P.