Indiana Complaint for Interpleader and Declaratory Relief

State:
Indiana
Control #:
IN-Pro-Se-12
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PDF
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Description

Complaint for Interpleader and Declaratory Relief

An Indiana Complaint for Interpleader and Declaratory Relief is a legal document used by a party (the Plaintiff) to bring a dispute between two or more other parties (the Defendants) into a single court action. The Plaintiff brings the Complaint to seek a determination or ruling from the court on the ownership, title, or right to possession of a piece of property or funds (the “Stake”). The Plaintiff in an Interpleader action is not seeking to recover any money or property from the Defendants, but instead seeks a ruling from the court as to who is entitled to the Stake. The Complaint typically begins by setting forth the facts of the case, including the identity of the Plaintiff, the Defendants, and the Stake. The Plaintiff then alleges that the Defendants have a dispute regarding the ownership, title, or right to possession of the Stake, and that the Plaintiff is “innocent” of any wrong-doing regarding the dispute. The Plaintiff then requests that the court issue a judgment declaring who is entitled to the Stake. The Indiana Complaint for Interpleader and Declaratory Relief can be divided into two main types: Traditional Interpleader and Declaratory Relief Interpleader. Traditional Interpleader is used when a Plaintiff seeks a ruling from the court on the ownership, title, or right to possession of a piece of property or funds. Declaratory Relief Interpleader is used when a Plaintiff seeks a ruling from the court on the legal rights, obligations, or liabilities of a party in a dispute. In either type of Complaint, the Plaintiff will typically seek a ruling from the court declaring who is entitled to the Stake, as well as an order that the Stake be deposited with the court or with a third party, pending the outcome of the case. The Plaintiff may also seek an order that the Defendants be required to pay costs and attorney fees associated with bringing the Complaint.

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FAQ

Rule Interpleader Rule in this case means Federal Rule of Civil Procedure 22. A federal court can hear a Rule Interpleader case if there is (i) complete diversity; and (ii) the amount in controversy is greater than $75,000.

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

What Is a Complaint in Interpleader? Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, can join the adverse claimants and force them to litigate their claims among themselves.

The federal interpleader procedure can also be pursued in federal court under Federal Rule of Civil Procedure 22, known as ?rule interpleader.? Rule interpleader requires complete diversity of citizenship between all parties, as compared to ?minimal diversity between two or more adverse claimants.? The Fourth Circuit's

Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act.

Interpleader. (a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims expose or may expose the plaintiff to double or multiple liability.

Statutory interpleader and rule interpleader are the two types of interpleader actions that can be filed.

Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute.

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Indiana Complaint for Interpleader and Declaratory Relief