Circuit Court Rules

ORDER 40

INTERPLEADER

1. Relief by way of interpleader may be granted —

(a) where the person seeking relief (in this Order called ‘the applicant’) is under liability for any debt, money, goods or chattels, for or in respect of which he is, or expects to be, sued by two or more parties (in this Order called ‘the claimants’) making adverse claims thereto;

(b) where the applicant is a Sheriff, or other officer charged with the execution of process by or under the authority of the court, and claim is made to any money, goods, or chattels taken or intended to be taken in execution under any process, or to the proceeds or value of any such goods or chattels, by any person other than the person against whom the process issued.

2. The applicant must satisfy the court by affidavit or otherwise —

(a) that the applicant claims no interest in the subject matter in dispute, other than for charges or costs; and

(b) that the applicant does not collude with any of the claimants; and

(c) that the applicant is willing to pay or transfer the subject matter into court or to dispose of it as the Judge may direct.

3. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.

4. Where the applicant is a defendant, application for relief may be made at any time after service of the civil bill.

5. The applicant may issue an Interpleader application in accordance with Form 3 in the Schedule of Forms hereto calling on the claimants to appear and state the nature and particulars of their claims and either to maintain or relinquish them.

6. If the application is made by a defendant in an action the Judge may stay all further proceedings in the action.

7. If the claimants appear in pursuance of the application, the Judge may order either that any claimant be made a defendant in any action already commenced in respect of the subject matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.

8. The Judge may, with the consent of both claimants, decide their claims in summary manner, and on such terms as may be just.

9. Where the question is a question of law, and the facts are not in dispute, the Judge may decide the question without directing the trial of an issue.

10. If a claimant, having been duly served with an application calling on him to appear and maintain or relinquish his claim, does not appear in pursuance of the application, or, having appeared, neglects or refuses to comply with any order made after his appearance, the Judge may make an order declaring him and all persons claiming under him, forever barred against the applicant and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves.

11. Except where otherwise provided by statute, the judgment in any action or any issue ordered to be tried or stated in an interpleader proceeding, and the decision of the Judge in a summary way under rule 8 of this Order, shall be final and conclusive against the claimants and all persons claiming under them.

12. Where goods or chattels have been seized in execution by a sheriff, or other officer charged with the execution of process of the court, and any claimant alleges that he is entitled under a bill of sale or otherwise, to the goods or chattels by way of security for debt, the Judge may order the sale of the whole or part thereof, and direct the application of the proceeds of sale in such manner and upon such terms as may be just.

13. The rules applicable to discovery shall, with the necessary modifications, apply to interpleader proceedings.

14. The Judge may, in or for the purposes of any interpleader proceedings, make all such orders as to costs and all other matters as may be just and reasonable.

15. A claim made to or in respect of any goods or chattels taken or about to be taken in execution under the process of the court shall be in writing. On the receipt of the claim the Sheriff or such other officer shall forthwith give notice thereof to the execution creditor in accordance with Form 29 of the Schedule of Forms annexed hereto, or to the like effect, and the execution creditor shall, within four days after receiving the notice, give notice to the Sheriff or such other officer in accordance with Form 30 of the Schedule of Forms annexed hereto that he admits or disputes the claim, in the form in the said Schedule, or to the like effect. If the execution creditor admits the title of the claimant and gives notice as directed by this rule, he shall only be liable to such Sheriff or officer for any fees and expenses incurred prior to the receipt of the notice admitting the claim.

16. Where the execution creditor does not in due time, as directed by the last preceding rule, admit or dispute the title of the claimant to the goods or chattels, and the claimant does not withdraw his claim thereto by notice in writing to the Sheriff or such officer, the Sheriff or such officer may issue an interpleader application, and should the claimant withdraw his claim by notice in writing to the sheriff or such officer, or the execution creditor in like manner serve an admission of the title of the claimant prior to the return day of such application, and at the same time give notice of such admission to the claimant, the Judge may in and for the purposes of the interpleader proceedings, make all such orders as to costs, fees, charges and expenses as may be just.

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