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MT · rules

Mont. R. Civ. P. 22

Interpleader

activein force · 2022-06-28 – presentact-effective-date

(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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Mont. R. Civ. P. 22 — Interpleader · binding.law