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Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.
if the proposed intervenor represents a group of people who have a direct concern in the legal issues raised in a case (for example, if the case involves deportation of a particular individual, an application for leave to intervene might be made by an interest group for the rights of refugee claimants);
Impleader is available only to defendants, not plaintiffs, unlike the similar interpleader action. Plaintiffs may however implead when a defendant counterclaims, because the plaintiffs is then the counter defendant. While many kinds of civil procedures devices occur in the form of motion, an impleader action is technically its own lawsuit. [1]
Title I is a sort of "mission statement" for the FRCP; Rule 1 states that the rules "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action." Rule 2 unifies the procedure of law and equity in the federal courts by specifying that there shall be one form of action, the "civil action".
The Federal Interpleader Act was enacted to overcome the ruling of the United States Supreme Court in New York Life v. Dunlevy 241 U.S. 518, that for a party to be bound by an interpleader that party must be served process in a way that obtains personal jurisdiction by enabling nationwide service of process. [2]
In 1936 the Federal Interpeader Act was again repealed and replaced by the Federal Interpleader Act of 1936, 49 Stat. 1096, approved Jan. 20, 1936, drafted by Zechariah Chafee which codified it in as United States Judicial Code §41(26), and established the modern statutory interpleader allowing suite to be brought by any person, firm ...
Supplemental jurisdiction, also sometimes known as ancillary jurisdiction or pendent jurisdiction, is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject-matter jurisdiction to hear the additional claims independently.
It was the Court's unanimous decision that both the District Court and the Ninth Circuit erred as regards interpretation of Rule 19; the Republic of the Philippines was indeed an "indispensable party" according to the rule, and because it had refused to appear in Court, the interpleader action should never have moved forward, even if the ...