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Impleader in the Federal Courts derives from Rule 14 ("Third Party Practice") of the Federal Rules of Civil Procedure: [2] Rule 14(a)(1): The nonparty must be served with the third party complaint as well as a summons. If the original defendant intends to do this more than 14 days after serving its original answer, it must first, by motion ...
Whether within the intent of Congress or not when adopting 28 USC 724 (1934), the situation was effectively reversed in 1938, [2] the year the Federal Rules of Civil Procedure took effect. Federal courts are now required to apply the substantive law of the states as rules of decision in cases where state law is in question, including state ...
Interpleader is also allowed by the Federal Rules of Civil Procedure 22. Rule 22 is known as rule interpleader. Rule 22 is known as rule interpleader. Rule interpleader provides a remedy for any person who is, or may be exposed to double or multiple liabilities.
The Act repealed and replaced the existing federal interpleader act 44 Stat. 416 approved May 8, 1926 and codified it as United States Judicial Code §41(26), and established the modern statutory interpleader.
In the courts of the State of Texas, a jurisdiction whose rules of civil procedure differ considerably from the Federal Rules of Civil Procedure, a nonparty may intervene in a pending lawsuit by filing a pleading, which is typically called "plea in intervention" or "petition in intervention" without leave of the court, but any party in the ...
Pleading in United States Federal courts is governed by the Federal Rules of Civil Procedure. According to Rule 7, only these pleadings are allowed: [1] A complaint; An answer to a complaint; An answer to a counterclaim designated as a counterclaim; An answer to a crossclaim; A third-party complaint; An answer to a third-party complaint; and
An indispensable party (also called a required party, necessary party, or necessary and indispensable party) is a party in a lawsuit whose participation is required for jurisdiction or the purpose of rendering a judgment.
The Act allowed an insurance company, or fraternal benefit society subject to multiple claims on the same policy to file a suit in equity by a bill of interpleader in United States district courts and providing nationwide service of process.