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Montana Title 25. Civil Procedure MT R RCP Rule 22.Interpleader

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Joinder, Cross-Claim, or Counterclaim.

(1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:

(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or

(B) the plaintiff denies liability in whole or in part to any or all of the claimants.

(2) By a Defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.

(b) Substitution.

(1) Grounds. A defendant in a contract or property action may substitute as the defendant a person who is not a party and who demands the same debt or property at issue in the action, upon motion made:

(A) before the defendant files an answer;

(B) with due notice to the person not a party and to the plaintiff; and

(C) upon affidavit that a person not a party to the action:

(i) makes against the defendant a demand for the same debt or property, and

(ii) is not colluding with the defendant.

(2) Deposit of Debt or Delivery of Property. A defendant substituted under this rule must, at the court's discretion, either:

(A) deposit in court the amount of the debt at issue; or

(B) deliver the property at issue or its value to such person as the court may direct.

(3) Discharge of Liability. A defendant's deposit of debt or delivery of property under subsection (b)(2) discharges the defendant's liability to either the plaintiff or the substitute defendant.

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Cite this article: FindLaw.com - Montana Title 25. Civil Procedure MT R RCP Rule 22.Interpleader - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-25-civil-procedure/mt-r-rcp-rule-22/

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