RULE 22. INTERPLEADER

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Rule 22.02: Procedure.

Any property or amount involved as to which the party seeking interpleader admits liability may, upon order of the court, be deposited with the court or otherwise preserved, or secured by bond in amount sufficient to assure payment of the liability admitted. The court may thereafter enjoin all parties before it from commencing or prosecuting any other action regarding the subject matter of the interpleader action. Upon hearing, the court may order the party seeking interpleader discharged from liability as to property deposited or secured before determining the rights of the claimants thereto.

Advisory Commission Comments.

Rule 22.01 provides for interpleader of persons having claims against the plaintiff and specifies that it also is available to a defendant by way of cross-claim or counterclaim. Rule 22.02 provides for deposit with the court of any property or amount involved as to which the party seeking interpleader admits liability. By depositing the property or amount claimed with the court, or making bond to secure payment of an admitted liability, a party may be protected against suit by any of the claimants, and may upon the hearing, be discharged from liability before the rights of the interpleaded parties have been determined.

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