Rule 3211.Perishable property.
Adopted August 30, 1965 · Last amended August 30, 1965 · Last verified June 30, 2026
Full Text of Rule 3211
Plain-English Summary
This rule keeps perishable goods from spoiling while an interpleader runs. When the claimed property will not keep, the court may, on petition of the sheriff or any party in interest, enter whatever order is proper for its preservation, sale, or distribution.
Selling perishable property and holding the proceeds captures its value before it is lost, leaving the ownership dispute to be fought over money rather than spoiling goods. It mirrors the execution rule that handles perishable property generally, applied to the interpleader setting.
Frequently Asked Questions
What happens to perishable goods in an interpleader?
The court may order them preserved, sold, or distributed on petition of the sheriff or a party in interest.
Can the property be sold before the dispute is decided?
Yes, where it is perishable; the proceeds then stand in its place.
Official Note
Official Note: Adopted August 30, 1965, effective March 1, 1966.