28 U.S.C. § 1335 | Interpleader

(a)

The district courts shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to the amount of $500 or more, if

(1)

section 1332 of this title Two or more adverse claimants, of diverse citizenship as defined in subsection (a) or (d) of , are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited such money or property or has paid the amount of or the loan or other value of such instrument or the amount due under such obligation into the registry of the court, there to abide the judgment of the court, or has given bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy.

(b)

Such an action may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another.

June 25, 1948, ch. 646 62 Stat. 931 Pub. L. 109–2, § 4(b)(1)Feb. 18, 2005119 Stat. 12 (, ; , , .)

Historical and Revision Notes

Mar. 3, 1911, ch. 231, § 24 Jan. 20, 1936, ch. 13, § 1 49 Stat. 1096 Based on title 28, U.S.C., 1940 ed., § 41(26) (, par. 26, as added , ).

Words “civil action” were substituted for “suits in equity”; word “plaintiff” was substituted for “complainant”; and word “judgment” was substituted for “decree,” in order to make the language of this section conform with the Federal Rules of Civil Procedure.

section 41(26) of title 28The words “duly verified” following “in the nature of interpleader,” near the beginning of the section, were omitted. Under Rule 11 of the Federal Rules of Civil Procedure pleadings are no longer required to be verified or accompanied by affidavit unless specially required by statute. Although verification was specially required by , U.S.C., 1940 ed., the need therefor is not apparent.

section 41(26)(b) of title 28 section 1397 of this titleProvisions of , U.S.C., 1940 ed., relating to venue are the basis of . (See, also, reviser’s note under said section.)

section 2361 of this titleSubsections (c) and (d) of said section 41(26) relating to issuance of injunctions constitute . (See reviser’s note under said section.)

Subsection (e) of such section 41(26), relating to defense in nature of interpleader and joinder of additional parties, was omitted as unnecessary, such matters being governed by the Federal Rules of Civil Procedure.

Changes were made in phraseology.

Editorial Notes

Amendments

Pub. L. 109–22005—Subsec. (a)(1). inserted “subsection (a) or (d) of” before “section 1332”.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Pub. L. 109–2Feb. 18, 2005section 9 of Pub. L. 109–2 section 1332 of this titleAmendment by applicable to any civil action commenced on or after , see , set out as a note under .