RULE 62 INTERPLEAD

ER

Section 1. When interpleader proper.

Whenever conflicting claims upon the
same subject matter are or may be
made against a person who claims no
interest whatever in the subject matter,
or an interest which in whole or in part is
not disputed by the claimants, he may
bring an action against the conflicting
claimants to compel them to interplead
and litigate their several claims among
themselves.

Section 2. Order. Upon the filing of

the complaint, the court shall issue an
order requiring the conflicting claimants
to interplead with one another. If the
interests of justice so require, the court
may direct in such order that the subject
matter be paid or delivered to the court.

Section 3. Summons. Summons shall

be served upon the conflicting claimants,
together with a copy of the complaint
and order.

Section 4. Motion to dismiss. Within

the time for filing an answer, each
claimant may file a motion to dismiss on
the ground of impropriety of the
interpleader action or on other
appropriate grounds specified in Rule 16.
The period to file the answer shall be
tolled and if the motion is denied, the
movant may file his answer within the
remaining period, but which shall not be
less than five (5) days in any event,

Section 5. Answer and other pleadings. Each claimant

shall file his answer setting forth his claim within fifteen
(15) days from service of the summons upon him, serving
a copy thereof upon each of the other conflicting
claimants who may file their reply thereto as provided by
these Rules. If any claimant fails to plead within the time
herein fixed, the court may, on motion, declare him in
default and thereafter render judgment barring him from
any claim in respect to the subject matter.
The parties in an interpleader action may file
counterclaims, cross-claims, third-party complaints and
responsive pleadings thereto, as provided by these Rules.

Section 6. Determination. After the

pleadings of the conflicting claimants
have been filed, and pre-trial has been
conducted in accordance with the Rules,
the court shall proceed to determine
their respective rights and adjudicate
their several claims.

Section 7. Docket and other lawful

fees,costs and litigation expenses as
liens. The docket and other lawful fees
paid by the party who filed a complaint
under this Rule, as well as the costs and
litigation expenses, shall constitute a
lien or change upon the subject matter
of the action, unless the court shall order
otherwise.