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Section 23-44.—Procedure in Interpleader

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceAn interpleader case cannot go to trial on the merits until the court has entered an interlocutory judgment of interpleader and every defendant has either filed a statement of claim, been defaulted, or filed a waiver.

Full Text of Section 23-44

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No trial on the merits of an interpleader action shall be had until (1) an interlocutory judgment of interpleader shall have been entered; and (2) all defendants shall have filed statements of claim, been defaulted or filed waivers. Issues shall be closed on the claims as in other cases.

Amendment History

(P.B. 1978-1997, Sec. 539.) (Amended June 25, 2001, to take effect Jan. 1, 2002.)

Plain-English Summary

This section sets the gate that an interpleader case must pass through before trial. The court must first enter an interlocutory judgment of interpleader. Then every defendant named in the case must have taken one of three steps: filed a statement of claim to the disputed property or fund, been defaulted for failing to respond, or filed a waiver giving up any claim. Only after both conditions are met can the case move forward. Once that happens, the claims close out the same way issues close in any other civil case.

Frequently Asked Questions

What has to happen before an interpleader trial can start?

The court must enter an interlocutory judgment of interpleader, and every defendant must have filed a statement of claim, been defaulted, or filed a waiver.

What if a defendant never responds in an interpleader case?

A nonresponsive defendant can be defaulted, which satisfies the requirement for that defendant just as filing a claim or a waiver would.

How does the case proceed once all defendants have responded?

Issues on the remaining claims close the same way they do in any other civil action, and the case can then proceed to trial on the merits.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 23-44). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: interpleader trial procedure Connecticutinterlocutory judgment of interpleaderclosing interpleader claims CTstatement of claim interpleader