(a)When Applicable. Persons having claims against the petitioner may be joined as respondents and required to interplead when their claims are such that the petitioner 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 petitioner avers no liability in whole or in part to any or all of the claimants. A respondent 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.
(b)Additional Remedy. The remedy herein provided is in addition to and in no way supersedes or limits the remedy provided by the statute but actions thereunder shall be conducted in accordance with these Rules.
End
Plain-English Summary
Interpleader answers a narrow but genuine problem: someone holds money or property that two or more people say is theirs, and paying either one risks having to pay again.
When it applies. Persons with claims against the petitioner may be joined as respondents and required to interplead where their claims are such that the petitioner is or may be exposed to double or multiple liability. The claims need not have a common origin or be identical; it is enough that they are adverse to and independent of one another, and the petitioner may deny liability in whole or in part to any of the claimants.
Alongside the statute. The remedy the rule provides is in addition to the statutory one and does not supersede or limit it — but an action under the statute is conducted in accordance with these rules. Two routes, one procedure.
Frequently Asked Questions
What is interpleader?
A procedure by which a party facing competing claims to the same money or property joins the claimants as respondents and requires them to litigate their claims against each other.
Do the competing claims have to be similar?
No. They need not have a common origin or be identical; it is enough that they are adverse to and independent of one another.
Does this replace the interpleader statute?
No. The rule's remedy is in addition to the statutory one and does not supersede or limit it, though actions under the statute are conducted under these rules.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 22), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:interpleader Delaware Family Courtcompeting claims same property DelawareFam. Ct. Civ. R. 22