Ohio Sample Letter for Interpleader Action
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FAQ
Section 1307.603 | Conflicting claims; interpleader - UCC 7-603. If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader.
Rule 52 - Harmless Error and Plain Error (A) Harmless error. Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded. (B) Plain error. Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.
An interpleader is a way for a party who holds property (a stakeholder) to initiate a suit between all claimants, who are parties claiming a right to that property. An interpleader allows the stakeholder to bring all claimants into the same action, instead of litigating against claimants in separate actions.
Another example is that an escrow holder in a real estate transaction holds a deposit and the parties are arguing about whether one or the other should receive the deposit back. In such cases, the escrow holder will often file an interpleader action.
R. 37(F) provides factors for judges to consider when a party seeks sanctions against an opponent who has lost potentially relevant electronically stored information. This rule does not attempt to address the larger question of when the duty to preserve electronically stored information is triggered.
