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RULE 62

Interpleader

Section 1. When interpleader proper. — Whenever conflicting claims upon the same subject matter
are or may be made against a person who claims no interest whatever in the subject matter, or an
interest which in whole or in part is not disputed by the claimants, he may bring an action against the
conflicting claimants to compel them to interplead and litigate their several claims among
themselves. (1a, R63)

Section 2. Order. — Upon the filing of the complaint, the court shall issue an order requiring the
conflicting claimants to interplead with one another. If the interests of justice so require, the court
may direct in such order that the subject matter be paid or delivered to the court. (2a, R63)

Section 3. Summons. — Summons shall be served upon the conflicting claimants, together with a
copy of the complaint and order. (3, R63)

Section 4. Motion to dismiss. — Within the time for filing an answer, each claimant may file a motion
to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds
specified in Rule 16. The period to file the answer shall be tolled and if the motion is denied, the
movant may file his answer within the remaining period, but which shall not be less than five (5) days
in any event, reckoned from notice of denial. (n)

Section 5. Answer and other pleadings. — Each claimant shall file his answer setting forth his claim
within fifteen (15) days from service of the summons upon him, serving a copy thereof upon each of
the other conflicting claimants who may file their reply thereto as provided by these Rules. If any
claimant fails to plead within the time herein fixed, the court may, on motion, declare him in default
and thereafter render judgment barring him from any claim in respect to the subject matter.

The parties in an interpleader action may file counterclaims, cross-claims, third-party complaints and
responsive pleadings thereto, as provided by these Rules. (4a, R63)

Section 6. Determination. — After the pleadings of the conflicting claimants have been filed, and
pre-trial has been conducted in accordance with the Rules, the court shall proceed to determine their
respective rights and adjudicate their several claims. (5a, R63)

Section 7. Docket and other lawful fees, costs and litigation expenses as liens. — The docket and
other lawful fees paid by the party who filed a complaint under this Rule, as well as the costs and
litigation expenses, shall constitute a lien or change upon the subject matter of the action, unless the
court shall order otherwise. (6a, R63)

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