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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.
Is interpleader the same as third party?
The third party becomes a participant in the lawsuit and is known as a third party defendant. Interpleader: Interpleader occurs when a third party enters into a lawsuit, usually to determine that partys rights with regard to property at issue in the lawsuit.
What is a default Judgement in Montana?
Default; Default Judgment. (a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the partys default.
Is an interpleader a lawsuit?
Federal Rule of Civil Procedure 22 covers Interpleader, a mechanism that allows a party holding property or money (the stakeholder) to initiate a lawsuit to compel two or more other parties, who make conflicting claims to that property or money, to litigate their claims against each other.
What are the two types of interpleaders?
Types of Interpleaders Statutory Interpleader: This action is governed by 28 U.S.C. 1335, which originated from the Federal Interpleader Act of 1936 and is based on law. Rule Interpleader: This action is established by the Federal Rules of Civic Procedure 22 and deals with the rule of the case.
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An interpleader is a way for a party who holds property (a stakeholder ) to initiate a suit between all claimants, who are parties claiming a right to that property. An interpleader allows the stakeholder to bring all claimants into the same action , instead of litigating against claimants in separate actions.
Related links
IN THE SMALL CLAIMS DIVISION OF THE JUSTICES
COURT OF COUNTY, STATE OF MONTANA. BEFORE Plaintiff(s) ) INTERPLEADER AFFIDAVIT. ) vs ) Case No. , ). , ). Defendant(s) ). * * * * * * *. STATE OF MONTANA ).
by DR Mason 1961 Cited by 11 Rule 11 provides in part that: Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.
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