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Rule 22.Interpleader

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 22 lets a person facing competing claims to the same money, property, or obligation force all the claimants into one action so a court can sort out who is entitled to what, even if the claims do not share a common origin.

Full Text of Rule 22

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(1) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder 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 plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross claim or counterclaim. The provisions of this Rule supplement and do not in any way limit the joinder of parties permitted in Rule 20.
(2) In any civil action of interpleader, a district court may enter its order restraining all claimants from instituting or prosecuting any proceeding in any court of this state affecting the property, instrument, or obligation involved in the interpleader action until further order of the court. Such district court shall hear and determine the case, and may discharge the plaintiff from further liability, make the injunction permanent, and make all appropriate orders to enforce its judgment.

Amendment History

The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.

Plain-English Summary

Interpleader solves a specific problem: someone holding money or property is confronted by more than one claimant, and paying the wrong one could mean paying twice. Rule 22 lets that person join all the competing claimants as defendants and require them to fight out their claims against each other in one case. It does not matter that the claims come from different sources, rest on different legal theories, or are inconsistent with one another, and the party seeking interpleader can even deny owing anything to any of the claimants. A defendant facing the same kind of double-liability risk can raise interpleader through a cross-claim or counterclaim rather than starting a new case, and Rule 22 supplements rather than displaces the ordinary joinder rules in Rule 20.

Subsection (2) gives a district court handling an interpleader action the power to stop the competing claimants from pursuing any other proceeding in a Colorado court over the same property, instrument, or obligation while the interpleader case is pending. Once the court decides the case, it can release the party who brought the claimants together from further liability, make the restraining order permanent, and issue whatever orders are needed to enforce its judgment.

Frequently Asked Questions

What is interpleader used for?

Rule 22 lets a person facing two or more competing claims to the same money or property bring all the claimants into one lawsuit so a court can decide who is entitled to it, instead of risking having to pay more than once.

Do the competing claims have to be related to use interpleader?

No. Rule 22 allows interpleader even when the claimants' claims do not share a common origin and are adverse to and independent of one another.

Can I use interpleader if I don't think I owe anyone anything?

Yes. Rule 22 lets a party seek interpleader even while denying liability in whole or in part to any of the claimants.

Can a court stop other lawsuits over the same property while an interpleader case is pending?

Yes. Under Rule 22(2), a district court may restrain claimants from pursuing any other Colorado court proceeding involving the same property, instrument, or obligation until further order.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 22). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source
Also known as: interpleadercompeting claims to same fundsdouble liability lawsuitCRCP 22stakeholder lawsuitrestraining other claims interpleader