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Moore's Federal Practice - Civil
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


4-22 Moore's Federal Practice - Civil 22.syn


Title

Federal Rules of Civil Procedure, Rule 22, Interpleader

Author

Richard D. Freer, Robert Howell Hall

Chapter Summary


ABSTRACT TEXT:

Interpleader is a procedural device used to resolve conflicting claims to money or property. It enables a person or entity in possession of a tangible res or fund of money to join in a single suit two or more claimants asserting mutually exclusive claims to that stake.

This chapter of Moore's Federal Practice discusses the use and function of the two types of modern interpleader in the federal system, statutory interpleader and rule interpleader. The requirements that must be met before either type of interpleader is available are covered, and the differences between statutory and rule interpleader with respect to jurisdiction, venue, and availability of injunctions are treated in depth. Interpleader by counterclaim or crossclaim is discussed, as are the issues raised when counterclaims and crossclaims are brought in interpleader actions. The right to a jury and the right to attorney's fees in interpleader actions are also addressed.

Moore's Federal Practice (Matthew Bender) is the leading source of analysis of federal court practice and procedure and has been repeatedly relied upon by federal courts around the country. It has comprehensive and authoritative analysis on federal civil, criminal, appellate, and admiralty procedure, along with the full text of the federal rules and extensive commentary and analysis of the rules and cases interpreting the rules.

CORE TERMS:

Federal Rules of Civil Procedure,federal court,federal rules,federal court practice,federal civil procedure,interpleader,statutory interpleader,rule interpleader,FRCP 22

RELATED CHAPTERS: (View)

For more information on the service requirements affecting rule interpleader, see Ch. 4, Summons for service of process, Ch. 13, Counterclaim and Crossclaim for counterclaims and crossclaims, and Ch. 14, Third-Party Practice for third party practice.

For more information concerning jurisdictional issues, see Ch. 102, Diversity Jurisdiction concerning diversity, Ch. 106, Supplemental Jurisdiction regarding supplemental jurisdiction, and Ch. 108, Territorial Jurisdiction: Jurisdiction over Persons and Property relating to territorial jurisdiction.

For information on compulsory joinder of parties, see Ch. 19, Required Joinder of Parties.

For information on permissive joinder of parties, see Ch. 20, Permissive Joinder of Parties.

For a discussion of misjoinder and nonjoinder of parties, see Ch. 21, Misjoinder and Nonjoinder of Parties.

For information about orders for separate trials, see Ch. 42, Consolidation or Separate Trials.

Information on topics related to subject matter jurisdiction issues may be found in Ch. 105, Other Subject Matter Jurisdiction Statutes.

For information on venue, see Ch. 110, Determination of Proper Venue and Ch. 111, Change of Venue.

RELATED PUBLICATIONS:

For more information on the nature and purpose of interpleader, see 2-14 Moore's Manual--Federal Practice and Procedure, Ch. 14, Multiple Party Practice (Matthew Bender).

For more information on drafting requirements concerning interpleader issues, see 1-1 Federal Litigation Guide, Ch. 1, Pleadings (Matthew Bender), 1-10A Moore's Manual--Federal Practice and Procedure, Ch. 10, Injunctions (Matthew Bender), and -11 Moore's Manual--Federal Practice and Procedure, Ch. 11, Defendant's Response (Matthew Bender).

For forms relating to interpleader, see 5-22 Bender's Federal Practice Forms, Ch. 22, Interpleader (Matthew Bender).
 
 
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