Montana Rules of Civil Procedure R. 22
Rule 22. Interpleader.
Terms Used In Montana Rules of Civil Procedure R
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Contract: A legal written agreement that becomes binding when signed.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means real and personal property. See Montana Code 1-1-205
- Several: means two or more. See Montana Code 1-1-201
(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.