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Rule 1.256.Costs

Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026

In one sentenceRule 1.256 lets the court tax costs against the claimant who loses an interpleader dispute, in favor of both the claimant who wins and the party who initiated the interpleader.

Full Text of Rule 1.256

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Costs may be taxed against the unsuccessful claimant in favor of the successful claimant and the party initiating the interpleader.

Plain-English Summary

Interpleader can be expensive for the stakeholder caught between competing claimants, even though that party may have no real stake in who ultimately wins. Rule 1.256 offsets some of that cost: the court may tax costs against the unsuccessful claimant, and award them not just to the successful claimant but also to the party who started the interpleader action in the first place.

That two-way award reflects the practical reality of interpleader -- the party who brought everyone together to resolve the dispute did the claimants a service by avoiding duplicative litigation, and the losing claimant, not the stakeholder, bears the cost of having pressed a claim that did not succeed.

Frequently Asked Questions

Who pays costs in an interpleader action?

Rule 1.256 allows the court to tax costs against the unsuccessful claimant, in favor of both the successful claimant and the party who initiated the interpleader.

Can the party who started the interpleader recover its costs even though it isn't one of the competing claimants?

Yes. Rule 1.256 specifically allows costs to be taxed in favor of the party initiating the interpleader, not just the prevailing claimant.

Is awarding costs against the losing claimant automatic under this rule?

No. Rule 1.256 says the court “may” tax costs this way, which leaves the decision to the court's discretion rather than making it automatic.

Does this rule cover the expense of giving notice in a class action?

No, notice expense in class actions is addressed separately, under rule 1.266 and rule 1.273. Rule 1.256 addresses costs in the interpleader context.

What costs does Rule 1.256 cover?

The rule addresses costs generally, without limiting the award to a specific category, leaving the scope to the same principles that govern cost-taxing in Iowa civil actions.

Source & verification. Rule text and the Comment are reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the Iowa Supreme Court. Last verified July 15, 2026. · Official source
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