Rule 22.Interpleader
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 22
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Interpleader solves a particular bind: someone holds money or property, or owes a debt, and two or more people each claim they're entitled to it. Paying or delivering to the wrong one risks having to pay again to the right one. Section A lets that person — as plaintiff or, through a cross-claim or counterclaim, as defendant — join all the rival claimants in one case and require them to fight out who's entitled to the disputed money or property. It doesn't matter that the claimants' theories have nothing in common, that their claims contradict each other, or that the person caught in the middle denies owing anything at all to any of them. Interpleader under this rule works alongside, not instead of, the ordinary rules for joining parties in Rule 20.
Section B protects any separate right to interplead that Indiana statutes already provide — this rule adds to that right rather than cutting it back.
Section C spells out what an interpleader complaint or answer needs to include: an admission that something is owed, or at least a statement that a claim to it has been asserted, whether well-founded or not; a statement that the competing claims expose the person seeking interpleader to double or multiple liability; and a request that the claimants sort out their competing rights against the interpleading party and against each other. The pleading can note that money, property, or a bond has already been deposited with the court, and it can ask for equitable relief, including an order stopping the claimants from pursuing separate lawsuits over the same money or property. Once the claimants are before the court, they plead their own claims against each other much like a counterclaim or cross-claim, on the schedule Rule 6 sets. If the interpleader itself doesn't meet these requirements, that's grounds to dismiss it. A claimant who defaults doesn't have to be served again with the other parties' responsive pleadings, unless the court orders otherwise, and the court can try the issues at a single hearing or in stages, consistent with Rule 42.
Section D offers a practical way out for the person facing the competing claims: deposit the disputed amount, or deliver the disputed property, with the court, and ask to be released from further liability on the claims. Once that happens, the case continues only among the claimants themselves, fighting over the fund or property now held by the court.
Frequently Asked Questions
What is interpleader, in plain terms?
It's a way for someone holding money or property that two or more people each claim to be owed, to bring all those rival claimants into one lawsuit and let the court decide who's entitled to it, rather than risk paying the wrong claimant and being sued again by the right one.
Do the rival claims have to be related to each other to use interpleader?
No. It's not a ground for objection that the claims, or the titles they're based on, share no common origin, or that they're independent of and adverse to one another.
Can a defendant use interpleader, or only a plaintiff who files the lawsuit?
A defendant facing the same kind of exposure to double or multiple liability can seek interpleader too, through a cross-claim or counterclaim.
Do I have to admit I owe the money to use interpleader?
No. The complaint or answer can instead state that a totally or partially unfounded liability has been asserted against you, rather than admitting that anything is owed at all.
How do I get released from the case once I've sought interpleader?
Deposit the disputed amount, or deliver the disputed property, with the court under Section D. The court can then discharge you from liability, and the case continues among the remaining claimants over that money or property.
What happens if my interpleader complaint doesn't meet the rule's requirements?
An interpleader that doesn't satisfy Section C's requirements is grounds for dismissal under Rule 12(B)(6).
Does Indiana's statutory interpleader still apply, or does Rule 22 replace it?
Rule 22 extends the right to interplead beyond what statutes provide; it doesn't diminish or reduce any interpleader right that already exists by statute.