« on: November 27, 2007, 08:16:04 AM »
How does an interpleader come into a suit? Does the interpleader have to invited or can he just intervene on his own behalf? I understand that an interpleader is a form of joinder open to one who does not know to which of several claimants he or she is liable, if liable at all.
The "interpleader plaintiff" typically sues the claimants to the "stake." They are in fact "defendants" to the suit. In common interpleader actions, the stakeholder simply files a simple petition, deposits the stake with the court, and then files a motion to be dismissed from the case. The dismissal can come immediately, before any action by the defendants, who then duke it out among themselves.
Alternatively, the interpleader plaintiff might retain the stake until the outcome of the litigation instead of depositing it with the court.