Rule 1.254.Substitution of claimant
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.254
Plain-English Summary
Sometimes a defendant sued over money or property is caught in the middle between the plaintiff and someone else who claims the same thing. Rule 1.254 lets that third person -- the actual competing claimant -- appear in the case and take the original defendant's place, so the real dispute is fought out between the true claimants rather than through the defendant standing in the middle.
Once that substitution happens, the original defendant can step out of the case entirely by complying with rule 1.253: depositing the disputed property or amount with the court, or otherwise securing it, and being discharged after a hearing. The two rules work together to get the uninterested middle party out of the litigation while preserving the disputed property for whoever the court eventually decides should have it.
Frequently Asked Questions
What does it mean for a claimant to be substituted for the original defendant?
Under rule 1.254, when a defendant's interpleader involves a third person who claims the property, that third person may appear in the case and take the defendant's place as the party defending against the plaintiff's claim.
Once I'm substituted out as a defendant, am I done with the case?
You can be discharged, under rule 1.254, once you comply with rule 1.253 -- depositing or otherwise securing the disputed property and being released after a hearing.
Does the substituted claimant have to be a stranger to the lawsuit before this rule applies?
Rule 1.254 applies when the interpleader involves a third person -- someone not already the defendant -- who has a competing claim to the disputed property or amount.
How does Rule 1.254 relate to a defendant raising interpleader under Rule 1.252?
Rule 1.252 lets a defendant obtain interpleader through a counterclaim or cross-petition; rule 1.254 addresses what happens when that interpleader involves a third person who should be defending the claim instead.
Do I need the court's approval to be discharged after substitution?
Yes. Discharge depends on complying with rule 1.253, which requires a court-ordered deposit or security and a hearing before the original defendant is released from obligation.