PRETRIAL ADJUDICATION
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Pleading
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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.