(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 the plaintiff 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.
Rule 22.Interpleader
Part IV: Parties · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 22 lets a plaintiff facing double or multiple claims to the same obligation join the rival claimants as defendants and require them to interplead, even when their claims don't share a common origin, and lets a defendant facing similar exposure obtain interpleader through a cross-claim or counterclaim.
Full Text of Rule 22
(2) 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.
Amendment History
Amended, effective Jan. 1, 1991.
Plain-English Summary
Rule 22(1) lets a plaintiff who is or may be exposed to double or multiple liability join the people making competing claims as defendants and require them to interplead. It doesn't matter that the several claimants' claims, or the titles their claims depend on, lack a common origin or aren't identical — they can be adverse to and independent of one another. It's also not a ground for objection that the plaintiff avers it isn't liable in whole or in part to any or all of the claimants. A defendant facing similar exposure to double or multiple liability can obtain the same relief by way of a cross-claim or counterclaim.
The rule is explicit about how it fits alongside party joinder generally: its provisions supplement, and don't in any way limit, the joinder of parties Rule 20 permits.
Rule 22(2) makes clear that this rule doesn't crowd out Delaware's statutory interpleader remedy. The remedy in Rule 22 is in addition to that statute, not a supersession or limit on it — but actions brought under the statute still have to be conducted in accordance with these Rules.
Frequently Asked Questions
What is interpleader used for under Rule 22?
It lets a plaintiff facing double or multiple liability to competing claimants join those claimants as defendants and require them to interplead, resolving who is entitled to what's owed.
Do the rival claims have to come from the same source to use interpleader?
No. Rule 22(1) states it isn't a ground for objection that the claimants' claims, or the titles they depend on, lack a common origin or aren't identical — they can be adverse to and independent of one another.
Can a plaintiff use interpleader while denying it owes anything to any of the claimants?
Yes. Rule 22(1) allows interpleader even when the plaintiff avers it isn't liable in whole or in part to any or all of the claimants.
Can a defendant, not just a plaintiff, use interpleader?
Yes. Rule 22(1) lets a defendant exposed to similar liability obtain interpleader by way of cross-claim or counterclaim.
Does Rule 22 replace Delaware's statutory interpleader remedy?
No. Rule 22(2) states the remedy is in addition to the statutory remedy and doesn't supersede or limit it, though actions under the statute must still be conducted under these Rules.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: interpleader delaware rule 22double liability multiple claimants delawarestakeholder lawsuit delaware civil procedureinterpleader by cross-claim delawareconflicting claims to same fund delaware