PRETRIAL ADJUDICATION
...Pleading
......Complaints in Interpleader
.........Procedure
7 Cards On This Topic:
  • D may file verified cross-complaint in interpleader admitting no interest in money or property.
  • One allowed to interplead may be discharged from liability unless interpleader is only partial, in which case person seeking interpleader remains in suit only to protect interest not interpled.
  • If multiple claims are made that may give rise to multiple liability, complaint may be brought; if person against whom claims made already D, cross-complaint may be filed.
  • When conflicting claims made re performance of obligation, or property, holder may bring action for interpleader to require conflicting claimants to interplead claims.
  • D may substitute in adverse claimant to property or money under K which is subject of lawsuit upon depositing it as ct. directs; D relieved of liability.
  • Substitution of new party by D must take place before answer filed.
  • Because plaintiff who brought interpleader failed to deposit the amount in dispute with the court, order awarding legal fees reversed.