§ 2361. — Process and procedure.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2361]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 159--INTERPLEADER
Sec. 2361. Process and procedure
In any civil action of interpleader or in the nature of interpleader
under section 1335 of this title, a district court may issue its process
for all claimants and enter its order restraining them from instituting
or prosecuting any proceeding in any State or United States court
affecting the property, instrument or obligation involved in the
interpleader action until further order of the court. Such process and
order shall be returnable at such time as the court or judge thereof
directs, and shall be addressed to and served by the United States
marshals for the respective districts where the claimants reside or may
be found.
Such district court shall hear and determine the case, and may
discharge the plaintiff from further liability, make the injunction
permanent, and make all appropriate orders to enforce its judgment.
(June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, Sec. 117,
63 Stat. 105.)
Historical and Revision Notes
1948 Act
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).
Jurisdiction and venue provisions of section 41(26) of title 28,
U.S.C., 1940 ed., appear in sections 1335 and 1397 of this title.
Subsection (e) of section 41(26) of title 28, U.S.C., 1940 ed.,
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.
Words, ``Notwithstanding any provision of part I of this title to
the contrary'' were omitted as unnecessary, since the revised title
contains no ``contrary provisions.''
Changes were made in phraseology.
1949 Act
This section makes clear that section 2361 of title 28, U.S.C.,
applies only to statutory actions and not to general equity interpleader
suits in which the jurisdictional amount and diversity of citizenship
requirements are the same as in other diversity cases.
Amendments
1949--Act May 24, 1949, substituted ``In any civil action of
interpleader or in the nature of interpleader under section 1335 under
this title'' for ``In any interpleader action,'', and inserted ``or
prosecuting'' between ``instituting'' and ``any proceeding''.
