Sunday, November 30, 2008

1066: Interpleader; Another Way In?

§ 1006. Interpleader. (a) Stakeholder; claimant; action of
interpleader. A stakeholder is a person who is or may be exposed to
multiple liability as the result of adverse claims. A claimant is a
person who has made or may be expected to make such a claim. A
stakeholder may commence an action of interpleader against two or more
(b) Defensive interpleader. A defendant stakeholder may bring in a
claimant who is not a party by filing a summons and interpleader
complaint. Service of process upon such a claimant shall be by serving
upon such claimant a summons and interpleader complaint and all prior
pleadings served in the action.
(c) Effect of pendency of another action against stakeholder. If a
stakeholder seeks to bring in a claimant pursuant to subdivision (b) and
there is pending in a court of the state an action between the claimant
and the stakeholder based upon the same claim, the appropriate court, on
motion, upon such terms as may be just, may dismiss the interpleader
complaint and order consolidation or joint trial of the actions, or may
make the claimant a party and stay the pending action until final
disposition of the action in which interpleader is so granted, and may
make such further order as may be just.
(d) Abolition of former grounds for objection. It is not ground for
objection to interpleader that the claims of the several claimants or
the titles on which their claims depend do not have a common origin or
are not identical but are adverse to and independent of one another, or
that the stakeholder avers that he is not liable in whole or in part to
any or all of the claimants.
(e) Issue of independent liability. Where the issue of an independent
liability of the stakeholder to a claimant is raised by the pleadings or
upon motion, the court may dismiss the claim of the appropriate
claimant, order severance or separate trials, or require the issue to be
tried in the action.
(f) Discharge of stakeholder. After the time for all parties to plead
has expired, the stakeholder may move for an order discharging him from
liability in whole or in part to any party. The stakeholder shall submit
proof by affidavit or otherwise of the allegations in his pleading. The
court may grant the motion and require payment into court, delivery to a
person designated by the court or retention to the credit of the action,
of the subject matter of the action to be disposed of in accordance with
further order or the judgment. An order under subdivision (g) shall not
discharge the stakeholder from liability to any claimant until an order
granted under this subdivision is complied with. The court shall impose
such terms relating to payment of expenses, costs and disbursements as
may be just and which may be charged against the subject matter of the
action. If the court shall determine that a party is entitled to
interest, in the absence of an agreement by the stakeholder as to the
rate of interest, he shall be liable to such party for interest to the
date of discharge at a rate no greater than the lowest discount rate of
the Federal Reserve Bank of New York for discounts for, and advances to,
member banks in effect from time to time during the period for which, as
found by the court, interest should be paid.
(g) Deposit of money as basis for jurisdiction. Where a stakeholder is
otherwise entitled to proceed under this section for the determination
of a right to, interest in or lien upon a sum of money, whether or not
liquidated in amount, payable in the state pursuant to a contract or
claimed as damages for unlawful retention of specific real or personal
property in the state, he may move, either before or after an action has
been commenced against him, for an order permitting him to pay the sum
of money or part of it into court or to a designated person or to retain

it to the credit of the action. Upon compliance with a court order
permitting such deposit or retention, the sum of money shall be deemed
specific property within the state within the meaning of paragraph two
of section 314.

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