It has discretion to allow the interpleader and may deny the relief if the stakeholder is guilty of wrongdoing. And the same remedy is known, in one form or the other, in most or all of the United States. 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. The stakeholder then may be required to deposit the stake with the court, and notifies possible claimants that they can present their claims of ownership in court for determination. This rule supplements—and does not limit—the joinder of parties allowed by. This article gives the basics of such an action.
In the absence of an interpleader action, the stakeholder must either give the asset or property to one of the parties claiming ownership or face a lawsuit for wrongfully giving the asset or property to the other claimant. If the court grants the interpleader, the stakeholder is dismissed from the action. It formally begins when the stakeholder prepares a written complaint with the court of. An interpleader action, therefore, enables the stakeholder to turn the dispute over to a court. The stakeholder no longer has to spend the time or money fighting over ownership of the res and the parties have a forum to fight among themselves in court. Below is a chart summarizing the differences with respect to subject matter jurisdiction. The rival claimants are given the right to litigate their claims, and they will be bound by the decision of the court.
. Chancery, 3 T; 2 Story, Eq. A date for a hearing should therefore be set with care and taking into consideration a the rules of the different provincial divisions of the High Court; b recess periods of the High Court;© the court roll- liaison with the Registrar of the relevant Court must take place: d the provisions of Rule 58 3 b and e the time needed for delivery of the interpleader notices. A way for a holder of property to initiate a suit between two or more claimants to the property. It does not change the rules on service of process, jurisdiction, and venue, as established by judicial decision. For temporary restraining orders and preliminary injunctions under this statute, see Rule 65 e. Interpleader is a kind of procedure whereby a person in possession of property not being his own, and being claimed from such person possession by two or more other persons so called claimants , by which the matter can be brought to court for adjudication over ostensibly valid and enforceable competing claims over the property.
Minimal diversity here means that at least two competing claimants are citizens of different states. Only a stakeholder can commence an interpleader action. One important point is that subject matter for Statutory Interpleader is different from subject matter jurisdiction for Rule Interpleader. Also, the additional actions are required to not significantly delay the proceedings. It is a form of equitable relief that is used to determine which party shall be entitled to the contested assets.
As a consumer, you will need to review each carrier, agency or brokers terms and conditions. A perfect scenario for intepleader action filed by insurance company involves disputes regarding the cause of death of a policy holder. The claimants are given the right to litigate their claims and will be bound by the decision of the court. No substantive change is intended. A typical interpleader action occurs when two or more parties make a claim on an insurance policy and the insurance company has no wish to become involved in the fight and interpleads the policy with the court and asks the court to remove it from the matter. The surplus was initially paid into court by the mortgagee pursuant to an interpleader order. One comes under Rule 22 of the Federal Rules of Civil Procedure; the other is permitted under 28 U.
Interpleader is allowed to avoid inconvenience; for two parties claiming adversely to each other, cannot be entitled to the same thing. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. Any claimant not listed on the policy should be a resident of the state where the deceased policy holder resides. The persons who may have a right to the stake are referred to as claimants. If, for example, A holds property that he knows he does not own, but that both B and C are claiming, A can sue both B and C in an interpleader action, where B and C could litigate who actually owns the property. Although a stakeholder may use this action in any type of case, it is frequently used in response to disputes over insurance contracts, such as when a policyholder dies and it is unclear who shall become the.
Interpleader coming under 28 U. The court handles both the investigation and the controversy behind it while leaving the stakeholder in peace after it provides the court with the equivalent amount of the property in question. Supreme Court Interpleader Procedure The interpleader procedures in the High Court are controlled and regulated by Rule 58 of the Supreme Court Act 59 of 1959. The remedy this rule provides is in addition to—and does not supersede or limit—the remedy provided by , , and. § 1335 differs in several respects from rule 22 interpleader. While it is not always possible, it may be in all parties best interest to come to some compromise before seeking court intervention. The court in the South Dakota Action ultimately found that Plaintiffs were entitled to the Policy proceeds.
Committee Notes on Rules—2007 Amendment The language of Rule 22 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. Interpleader enables the stakeholder to turn the controversy over to a court and to be dismissed from the legal action. Interpleader coming under 28 U. The second stage is like an action at law to determine which of the claimants is entitled to the res. Within the system, there are two forms of this action available to stakeholders.
It allows all the other claimants to have a forum in which to argue the matter without wasting the time and money of the uninterested party. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim. These changes are intended to be stylistic only. The stakeholder initiates an interpleader by filing an action that states that he or she has no claim to the money or property in controversy, and does not know to which claimant it should be lawfully delivered. An interpleader is a win-win for all parties involved, since the insurer will not have to work to resolve the case and the claimant will see the case resolved. There are requirements before interpleader will lie and the relief is available in Federal Court if the other jurisdictional requirements are met and all fifty states, though there are variations in methods in the various states.
Vide Bill of Interpleader, and 8 Vin. Equitable remedies are ways for courts to enforce rights other than by issuing a judgment for money damages. On April 16, 2018, Justice Scarpulla of the Supreme Court, New York County, Commercial Division, addressed the foregoing principles in a decision in which the Court declined to hold a stakeholder liable for tortious interference with contract due to the filing of an interpleader action. This website may be compensated through third party advertisers, all insurance products are presented without warranty. An action under those statutes must be conducted under these rules.