Section 23-44.—Procedure in Interpleader
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 23-44
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.