Rule 2-221.Interpleader
Circuit Court · Last amended January 1, 2025 · Last verified July 13, 2026
Full Text of Rule 2-221
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004; Feb. 10, 2009, effective May 1, 2009; June 7, 2011, effective July 1, 2011; effective March 16, 2020; amended October 15, 2024, effective January 1, 2025.
Committee Note & Source
Cross references. For the definition of “property,” see Rule 1-202 (z).
Source. This Rule is derived as follows:
Section (a) is derived from the 1948 version of Fed. R. Civ. P. 22 (1) and former Rule BU 70.
Section (b) is derived from former Rule BU 72.
Section (c) is derived from former Rule BU 73.
Section (d) is derived from former Rule BU 74.
Plain-English Summary
Interpleader solves a narrow but recurring problem: a bank, insurer, employer, or anyone else holding money or property that two or more people claim shouldn't have to guess who is entitled to it and pay out twice. Rule 2-221 lets that party — the stakeholder — file an interpleader action against all the rival claimants at once and let the court decide who wins. The claims of the various defendants don't need to share a common origin or even be identical; they just need to compete for the same property. The plaintiff can deny owing anything to any or all of the defendants, and a defendant already in a lawsuit can raise interpleader as a counterclaim or cross-claim rather than starting a new case. Rule 2-212's general joinder rules still apply alongside this one — interpleader adds an option, it doesn't take one away. The complaint must describe the property and its value, and the stakeholder may pay or deposit the property into court right away, along with a request for injunctive relief to stop competing lawsuits before the court has ruled.
Once the defendants have had a chance to answer and argue against interpleader, the court holds a hearing and enters an order of interpleader. That order can do a lot: dismiss the case, realign the defendants as plaintiffs and defendants against each other, direct the stakeholder to deposit the property or post a bond, block the defendants from suing elsewhere over the same property, release the stakeholder from further liability once it deposits the property, award the stakeholder costs and attorney's fees if it acted in good faith as a neutral party, and release any undisputed portion of the property right away. Anyone who wants a jury trial on the remaining issues must demand one within 15 days after the order — or by whatever deadline the order itself sets. From there, the party designated as plaintiff files a new complaint against the designated defendants, serves it, and the case proceeds like any other civil action.
Frequently Asked Questions
What is interpleader, and who uses it?
Interpleader is a procedure for someone holding property or money claimed by two or more rival claimants. Instead of waiting to get sued separately by each claimant — and risking having to pay twice — the holder files one action, brings in all the claimants, and lets the court sort out who is entitled to the property.
Who can bring an interpleader action under Rule 2-221?
Either a plaintiff can start a new interpleader action, or a defendant already facing a lawsuit can raise interpleader by counterclaim or cross-claim. The claimants named as defendants don't need related or identical claims — they just need to be competing for the same property.
What can the court's order of interpleader do?
The order can dismiss the action, realign the parties as plaintiffs and defendants against each other, direct the stakeholder to deposit the property or post a bond, enjoin the claimants from suing elsewhere over the property, discharge the stakeholder from further liability, award the stakeholder costs and attorney's fees, and release any part of the property that isn't in dispute.
Can the party who filed interpleader recover its costs and attorney's fees?
Yes, if the court finds that party brought the action in good faith as an impartial stakeholder — someone with no real interest in who wins, just trying to hand over property it can't safely distribute on its own.
How long do I have to demand a jury trial in an interpleader case?
A jury trial demand on the triable issues must be filed within 15 days after the court enters the order of interpleader, unless the order itself sets a different deadline.
What happens after the order of interpleader is entered?
Within the time the order sets, the party designated as plaintiff must file a complaint stating its claim and serve each designated defendant. From that point, the case proceeds like any other civil action.