Colorado Complaint for Declaratory Judgment and Interpleader Action or Burial Policy
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FAQ
There are two specific types of interpleader actions in the United States federal courts. Statutory Interpleader governed by 28 U.S.C. § 1335, and Rule Interpleader established by Federal Rules of Civil Procedure 22.
In an interpleader action, a party who knows two or more other parties are making a claim on some asset controlled by the party can ask the court to decide who has what rights to the asset, deposit the asset into the custody of the court or a third party and remove itself from the litigation.
Collusion, bad faith or inequitable conduct by the interpleading party which create the controversy may be a defense to an interpleader action.
P. 22. Rule 22 - Interpleader (1) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability.
The Federal Interpleader Act was enacted to overcome the ruling of the United States Supreme Court in New York Life v. Dunlevy 241 U.S. 518, that for a party to be bound by an interpleader that party must be served process in a way that obtains personal jurisdiction by enabling nationwide service of process.
CIVIL PROCEDURE Persons having claims against the plaintiff may be joined as defendants and required to interplead, in an action brought for that purpose, when their claims are such that the plaintiff is or may be exposed to multiple liability.
In federal actions, interpleader actions are governed by either Rule 22 of the Federal Rules of Civil Procedure or 28 U.S. Code §1335, depending on the amount in controversy and the diversity of citizenship among the parties and claimants. State procedure rules and laws govern interpleader actions for state actions.
The third party becomes a participant in the lawsuit and is known as a third party defendant. Interpleader: Interpleader occurs when a third party enters into a lawsuit, usually to determine that party's rights with regard to property at issue in the lawsuit.
