Civil procedure in the United States
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Interpleader is a form of action originally developed under equity jurisprudence. It allows a plaintiff to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred. It is often used to resolve disputes arising under insurance contracts.



In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder. The money or other property in controversy is called the res. All defendants having a possible interest in the subject matter of the case are called claimants. In some jurisdictions, the plaintiff is referred to as the plaintiff-in-interpleader and each claimant a claimant-in-interpleader.


For example, suppose a person dies with a life insurance policy. However, the insurance company knows there will be a dispute over who should receive the proceeds. The insurance company can file an interpleader action. The insurance company is the stakeholder, the claimants are the persons who might be beneficiaries under the policy, and the cash value of the policy benefit is the res. Under the proceeding as originally developed, the stakeholder would deposit the res with the court, and then the defendants would have their claims adjudicated by the court. Statutory modifications to the procedure (varying, of course, by jurisdiction) sometimes allow the stakeholder to retain the res pending final disposition of the case. Typically, once the stakeholder deposits the res into the court (for example, the face value of the insurance policy), the stakeholder is released from the action and the claimants proceed against each other to determine which of them is legally entitled to the res. Except for the denominations of the parties, the action proceeds for the most part as other civil lawsuits in the same jurisdiction.

In some jurisdictions, the res will earn interest at the legal rate until disbursed. The successful claimant is entitled to the interest as well as the principal.


Formerly a plaintiff had to disavow any claim to the res in order to avail himself of the interpleader remedy, but this requirement has also been relaxed or abolished in most jurisdictions. A plaintiff may now argue that neither of the claimants has a right to the property at issue. For example, a person dies with a life insurance policy that excludes coverage for suicide. Two people come forward claiming to be the beneficiary named in the policy. The insurance company believes that the deceased committed suicide, but the claimants believe the death was by accident. The insurance company could interplead the two claimants and simultaneously deny the claims.

Different types of interpleader in U.S. practice

Interpleader actions in the United States district courts are authorized by 28 U.S.C. § 1335. This is known as statutory interpleader. Statutory interpleader is different from rule interpleader. Statutory interpleader allows for a stakeholder to have broader federal jurisdiction.

Interpleader is also allowed by the Federal Rules of Civil Procedure Rule 22. Rule 22 is known as rule interpleader. Rule interpleader is allowed where there is complete diversity and the amount in controversy exceeds $75,000. These requirements satisfy 28 U.S.C. § 1332. Rule interpleader gives fewer rights to a stakeholder than statutory interpleader.

There is a federal interpleader statute exception where "minimal diversity" and an amount in controversy of $500 or more are sufficient to confer jurisdiction.

See [1] for the Federal Rules of Civil Procedure.

Rule 22. Interpleader (Current Version)


(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 and Statutes.

This rule supplements – and does not limit – the joinder of parties allowed by Rule 20. The remedy this rule provides is in addition to – and does not supersede or limit – the remedy provided by 28 U.S.C. § 1335, 1397, and 2361. An action under those statutes must be conducted under these rules.

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Look at other dictionaries:

  • interpleader — in·ter·plead·er 1 /ˌin tər plē dər/ n [Anglo French enterpleder, from enterpleder, verb]: a proceeding by which a person compels parties making the same claim against him or her to litigate the matter between themselves see also bill in the… …   Law dictionary

  • Interpleader — In ter*plead er, n. 1. One who interpleads. [1913 Webster] 2. (Law) A proceeding devised to enable a person, of whom the same debt, duty, or thing is claimed adversely by two or more parties, to compel them to litigate the right or title between… …   The Collaborative International Dictionary of English

  • interpleader — [in΄tər pled′ər] n. [< Anglo Fr entrepleder, to interplead: substantive use of inf.] a legal procedure by which two or more parties claiming the same money or property may be compelled to resolve the dispute among themselves in a single action …   English World dictionary

  • interpleader — An equitable proceeding to determine the rights of rival claimants to property held by a third person having no interest therein. Balish v. Farnham, 92 Nev. 133, 546 P.2d 1297, 1299. When two or more persons claim the same thing (or fund) of a… …   Black's law dictionary

  • interpleader — A remedy, equitable in origin, devised and exercised on behalf of one in possession of property as a disinterested stakeholder, or obligated for the payment of a debt or the performance of a legal duty, to prevent loss or embarrassment to him… …   Ballentine's law dictionary

  • interpleader — I. noun Etymology: Anglo French enterpleder, from enterpleder, verb Date: 1567 a proceeding to enable a person to compel parties making the same claim against him to litigate the matter between themselves II. noun Date: circa 1846 one that… …   New Collegiate Dictionary

  • interpleader — interpleader1 /in teuhr plee deuhr/, n. Law. a judicial proceeding by which, when two parties make the same claim against a third party, the rightful claimant is determined. [1510 20; var. of ENTERPLEDER < AF (inf. used as n.)] interpleader2 /in… …   Universalium

  • interpleader — noun a) One who makes an interplea. b) Motion for a third party to enter into a lawsuit in process because a matter is being adjudicated in which they have an interest …   Wiktionary

  • interpleader — n. (Law) one who interpleads; process in which two parties go to trial with each other to determine who has the right to bring a suit against a third party …   English contemporary dictionary

  • interpleader — noun Law a suit pleaded between two parties to determine a matter of right to property held by a third party …   English new terms dictionary

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