Interpleader Proceedings O17 (Trial ( O17R11. The trial of interpleader…
Interpleader Proceedings O17
P held by D who has no interest which is claimed by P1 and P2. D take interpleader proceedings to determine owner.
. The trial of interpleader issue: O35 shall apply to the trial and the C which gives the J or order in F30
. oder for discovery may be made
Powers of C in hearing
the OS or notice of app.
1) At the hearing, C to direct which party to be D and P
2) C may summarily determine the issue.
3) If the claimant fails to appear at the hearing, he may be forever barred from prosecuting claims.
is a stakeholde who holds P claimed by 2 or more persons, he may apply to C for relief by Interpleader
The sheriff who has under an oder of WSS seized P which is claimed by 2 or more persons may take interpleader
Mode of app
app by OS unless in a pending action in which case it shall be made by NOA in
F27 or 28
and the OS(except for Sheriff) and must be suppoerted by E that the applicant
1) claims no interest in the SM in dispute other than charges
2) does not collude with any of the claimants to that SM and
3) is willing to pay ot transfer that SM into C or to the disposal of it as the C directs.
(1) OS or NOA must be served at least 7d b4 return day
(2) OS must be served personally
(3) NOA need not be served personally unless ordered by C
(4) NOA in
empowers the C to order sale of goods taken by the Sheriff in execution
. on app by the D for relied, the C may order a stay of all further proceedings in the action.
Withdrawal or Admission
If t0he claimant files a notice that he withdraws his claim and gives notice of withdrawal to the execution creditor or
if the execution creditor files a notice of admission of the title of the C and at the same time gives notice of the admission to the claimant,
it shall be treated as if no claim had been made or the execution had been withdrawn and the C may make such orders as to the cost and expenses.