In one sentenceRule 22 lets a plaintiff facing rival claims that could expose it to double or multiple liability join all the claimants as defendants and force them to litigate entitlement among themselves, and lets the court order money at stake deposited in an interest-bearing account or with the clerk while the case is pending.
(a)Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims expose or may expose the plaintiff to double or multiple liability. It is
not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of crossclaim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in Rule 20.
(b)Where funds are subject to competing claims by parties to the action, the court may order the party in possession of the funds either to deposit the funds in an interest bearing account in a federally insured depository institution or a trust institution authorized to do business in this State or to deposit the funds with the clerk. If the funds are deposited in a federally insured depository institution or a trust institution authorized to do business in this State, the court shall specify the type of interest bearing account to be used. Funds deposited with the clerk shall be invested or deposited as provided in G.S. 7A-112 and G.S. 7A-112.1. Upon determination of the action, the judgment shall provide for disbursement of the principal and interest earned on the funds while so deposited.
Amendment History
(1967, c. 954, s. 1; 1989, c. 668, s. 1; 2017-25, s. 1(a).)
Plain-English Summary
Rule 22(a) lets a plaintiff join as defendants everyone whose claims expose or might expose it to double or multiple liability, and require them to interplead — that is, fight out entitlement among themselves rather than each pursuing the plaintiff separately. It is not a valid objection that the claimants’ claims or titles lack a common origin, are not identical, or are independent and adverse to one another, or that the plaintiff denies owing anything to some or all of them. A defendant facing similar multiple-liability exposure can get the same relief through a crossclaim or counterclaim, and the rule supplements — rather than limits — the joinder of parties Rule 20 already allows. Interpleader often comes up when more than one person claims the proceeds of a single insurance policy or a fixed fund, since the party holding the money has no stake in who ultimately gets it and wants the rival claimants to sort it out in one proceeding.
Rule 22(b) addresses what happens to the money itself while the case is pending: where the action turns on funds subject to competing claims, the court may order whoever holds the money to deposit it in an interest-bearing account at a federally insured institution or an authorized trust institution, or with the clerk of court, with the final judgment directing how the principal and any interest earned are to be paid out once the case is resolved.
Frequently Asked Questions
Do the interpleaded claims need to be identical or arise from the same transaction?
No. Rule 22(a) expressly rejects that objection — claims that lack a common origin, are not identical, or are independent and adverse to one another can still be resolved together through interpleader.
Can a defendant use interpleader, or is it only available to plaintiffs?
A defendant facing similar exposure to multiple liability can obtain the same relief by way of a crossclaim or counterclaim.
What happens to disputed money while an interpleader case is pending?
The court can order it deposited in an interest-bearing account or with the clerk, and the eventual judgment directs how the principal and interest are paid out.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 22). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:interpleaderdouble or multiple liabilitydepositing disputed funds with the courtstakeholder liabilitycrossclaim interpleadercompeting claims to a fund