MT · rules
Mont. R. Civ. P. 22
Interpleader
(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.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
783fe948f80d7be99ad136200a5d0eb0f9b96c0fecc540e8181168cdf4aae47c
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