NOTES TO RULE 22
HISTORY: (Amended Oct. 20, 1949; Aug. 1, 1987)
Notes of Advisory Committee on Rules.
The first paragraph provides for interpleader relief along the newer and more liberal lines of joinder in the alternative. It avoids the confusion and restrictions that developed around actions of strict interpleader and actions in the nature of interpleader. Compare John Hancock Mutual Life Insurance Co. v Kegan et al. 22 F Supp 326 (DC Md, 1938). It does not change the rules on service of process, jurisdiction, and venue, as established by judicial decision.
The second paragraph allows an action to be brought under the recent interpleader statute when applicable. By this paragraph all remedies under the statute are continued, but the manner of obtaining them is in accordance with these rules. For temporary restraining orders and preliminary injunctions under this statute, see Rule 65(e).
This rule substantially continues such statutory provisions as USC, Title 38, § 445 (Actions on claims; jurisdiction; parties; procedure; limitation; witnesses; definitions) (actions upon veterans' contracts of insurance with the United States), providing for interpleader by the United States where it acknowledges indebtedness under a contract of insurance with the United States; USC, Title 49, § 97 (Interpleader of conflicting claimants) (by carrier which has issued bill of lading). See Chafee, The Federal Interpleader Act of 1936: I and II (1936), 45 Yale L J 963, 1161.
Notes of Advisory Committee on 1948 amendments to Rules.
The amendment effective October 20, 1949, substituted the reference to "Title 28, USC, §§ 1335, 1397, and 2361," at the end of the first sentence of paragraph (2), for the reference to "Section 24(26) of the Judicial Code, as amended, USC, Title 28, § 41(26)." The amendment also substituted the words "those provisions" in the second sentence of paragraph (2) for the words "that section."
Notes of Advisory Committee on 1987 amendments to Rules.
The amendment is technical. No substantive change is intended.