Rule 22.Interpleader
Enacted effective October 1, 2011 · Last verified June 26, 2026
Full Text of Rule 22
Plain-English Summary
Interpleader solves a specific problem: you hold money or property that two or more people claim, and you risk having to pay it twice. Rule 22 lets you bring the rival claimants into one action and require them to interplead — to fight out their competing claims among themselves — so you are not caught between them. A plaintiff joins the claimants as defendants; a defendant seeks interpleader through a crossclaim or counterclaim.
Subdivision (b) adds a Montana substitution procedure: a defendant in a contract or property action may, before answering and on affidavit that a non-party demands the same debt or property and is not colluding, move to substitute that outsider as the defendant. The substituted defendant then deposits the debt or delivers the property as the court directs, which discharges the original defendant's liability.
Frequently Asked Questions
What is interpleader?
A procedure that lets someone holding money or property claimed by two or more parties (a “stakeholder”) bring the rival claimants into one case to resolve their competing claims, protecting the stakeholder from paying twice.
How does a defendant use interpleader?
By seeking it through a crossclaim or counterclaim — or, in a contract or property action, by moving before answering to substitute the outside claimant and then depositing the debt or delivering the property as the court directs.