Rule 1.253.Deposit; discharge
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.253
Plain-English Summary
Interpleader works best when the stakeholder can step out of the fight over who gets the money or property. Rule 1.253 gives that party a path to do that: if it admits it owes the amount, or admits it does not own the disputed property, the court can order the funds or property deposited with the court, or otherwise preserved or secured by bond, so it stays safe while the claimants litigate.
After the deposit, the court holds a hearing with all the interested parties and can release the depositor from any further obligation to them regarding what was deposited -- all before it ever decides which claimant is entitled to the money or property. That sequencing matters: the stakeholder gets out of the case on the underlying obligation without waiting for the claimants to finish fighting over who wins it.
Frequently Asked Questions
Can I get out of an interpleader case before the claimants finish arguing over who gets the money?
Yes. Rule 1.253 lets the court absolve you of obligation to the claimants regarding a deposited amount before it determines the rights of the adverse claimants to that amount.
Do I have to admit I owe the full amount to use this rule?
You have to admit liability for, or nonownership of, the property or amount involved. Rule 1.253 is built around that kind of admission -- if you dispute the underlying obligation entirely, rule 1.251 lets you bring interpleader while still contesting liability.
What happens to the money or property after I deposit it?
The court may order it deposited in court or otherwise preserved or secured by bond, keeping it available for whichever claimant the court later finds entitled to it.
Does the court have to hold a hearing before discharging me from obligation?
Yes. Rule 1.253 requires the court to hear all parties before absolving the depositing party from further obligation regarding the deposited property or amount.
How does discharge under Rule 1.253 relate to a claimant substituted in under Rule 1.254?
Rule 1.254 lets a defendant seeking interpleader be replaced by the actual competing claimant; that original defendant is then discharged upon complying with the deposit-and-hearing procedure in rule 1.253.