§ 1335. — Interpleader.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1335]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 1335. Interpleader
(a) The district courts shall have original jurisdiction of any
civil action of interpleader or in the nature of interpleader filed by
any person, firm, or corporation, association, or society having in his
or its custody or possession money or property of the value of $500 or
more, or having issued a note, bond, certificate, policy of insurance,
or other instrument of value or amount of $500 or more, or providing for
the delivery or payment or the loan of money or property of such amount
or value, or being under any obligation written or unwritten to the
amount of $500 or more, if
(1) Two or more adverse claimants, of diverse citizenship as defined
in section 1332 of this title, are claiming or may claim to be entitled
to such money or property, or to any one or more of the benefits arising
by virtue of any note, bond, certificate, policy or other instrument, or
arising by virtue of any such obligation; and if (2) the plaintiff has
deposited such money or property or has paid the amount of or the loan
or other value of such instrument or the amount due under such
obligation into the registry of the court, there to abide the judgment
of the court, or has given bond payable to the clerk of the court in
such amount and with such surety as the court or judge may deem proper,
conditioned upon the compliance by the plaintiff with the future order
or judgment of the court with respect to the subject matter of the
controversy.
(b) Such an action may be entertained although the titles or claims
of the conflicting claimants do not have a common origin, or are not
identical, but are adverse to and independent of one another.
(June 25, 1948, ch. 646, 62 Stat. 931.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 41(26) (Mar. 3, 1911, ch.
231, Sec. 24, par. 26, as added Jan. 20, 1936, ch. 13, Sec. 1, 49 Stat.
1096).
Words ``civil action'' were substituted for ``suits in equity'';
word ``plaintiff'' was substituted for ``complainant''; and word
``judgment'' was substituted for ``decree,'' in order to make the
language of this section conform with the Federal Rules of Civil
Procedure.
The words ``duly verified'' following ``in the nature of
interpleader,'' near the beginning of the section, were omitted. Under
Rule 11 of the Federal Rules of Civil Procedure pleadings are no longer
required to be verified or accompanied by affidavit unless specially
required by statute. Although verification was specially required by
section 41(26) of title 28, U.S.C., 1940 ed., the need therefor is not
apparent.
Provisions of section 41(26)(b) of title 28, U.S.C., 1940 ed.,
relating to venue are the basis of section 1397 of this title. (See,
also, reviser's note under said section.)
Subsections (c) and (d) of said section 41(26) relating to issuance
of injunctions constitute section 2361 of this title. (See reviser's
note under said section.)
Subsection (e) of such section 41(26), relating to defense in nature
of interpleader and joinder of additional parties, was omitted as
unnecessary, such matters being governed by the Federal Rules of Civil
Procedure.
Changes were made in phraseology.
Section Referred to in Other Sections
This section is referred to in sections 1332, 1397, 2361 of this
title.
