Interpleader.
In an action commenced by a person possessing specific personal property which is claimed by two (2) or more persons to determine to which the property should be delivered, or in an action for the recovery of specific personal property where a third person demands of the defendant the same property, the court in its discretion, on motion of the person possessing the property, and notice to the persons claiming the property, whether or not they are parties to the action, may, before answer, make an order discharging the person possessing the property from liability to claiming persons and interplead such claiming person or persons in the action. The order shall not be made except on the condition that the person possessing the property shall deliver the property or its value to the clerk of the court or to such custodian as the court may direct, and unless it appears from the affidavit of the person possessing the property, filed with the clerk with the motion, that such person or persons claiming makes or make such demand without collusion with the party possessing the property. The affidavit of such third person as to whether he makes such demand of the defendant may be read on the hearing of the motion.
A person possessing the property who follows the procedure set forth above may insert in his motion for interpleader a request for allowance of his costs and reasonable attorney fees incurred in such action. In ordering the discharge of such party, the court may, in its discretion, award such party his costs and reasonable attorney fees from the amount in dispute which has been deposited with the court. At the time of final judgment in the action, the court may make such further provision for assumption of such costs and attorney fees by one (1) or more of the adverse claimants. At the same time, the court may, in its discretion, award to the person determined to be entitled to the property his costs and reasonable attorneys’ fees against an unsuccessful claimant if the claim asserted by said claimant was frivolous or without substantial merit.
Notes of Decisions
Suitts v. First SEC. Bank of Idaho, NA, 602 P.2d 53 (Idaho 1979).
· cites it 23× “) I.C. § 5-321 governs statutory interpleader actions and provides in part: "[T]he court may, in its discretion, award such [interpleader] party his costs and reasonable attorney fees from the amount in dispute which has been deposited with the court.”
Post v. Idaho Farmway, Inc., 20 P.3d 11 (Idaho 2001).
· cites it 6× “Idaho Code § 5-321 provides in relevant part: A person possessing the property who follows the procedure set forth above may insert in his motion for interpleader’ a request for allowance of his costs and reasonable attorney fees incurred in such action.”
Freiburger v. J-U-B Engineers, Inc., 111 P.3d 100 (Idaho 2005).
· cites it 2× “When the legislature has intended that the term costs cover attorney fees, it has so provided. See, e.g., I.C. §§ 18-3302(6), 18-6713(9), 18-7805(a), 25-3405(7), 26-3106(l)(c), 30-3-48(3), 30-3-54(4), 37-1014, 59-1320(4), 67-6626.”
Sec. Pac. Bank v. Curtis, 847 P.2d 1181 (Idaho Ct. App. 1993).
· cites it 12× “They agreed “that the Court may grant the Motion of Security Pacific Bank of Idaho to interplead the funds described in the complaint on file herein and to deposit the same with the Clerk of the Court pursuant to Idaho Code § 5-321 .” An order was entered the next day, granting…”
Furness v. Park, 570 P.2d 854 (Idaho 1977).
· cites it 2× “However, I.C. § 5-321 provides the following in cases in which the court has discharged an interpleading party from liability after that party has deposited the disputed property with the court: “A person possessing the property .”
Saint Alphonsus Reg'l Med. Ctr. v. Bannon, 910 P.2d 155 (Idaho 1995).
· cites it 2× “On November 29,1993, Farmers Insurance filed an interpleader action, pursuant to I.C. § 5-321, naming Stringer and St. Alphonsus as the competing claimants to the $25,000 it tendered to the court.”
Travelers Ins. Co. v. Johnson, 544 P.2d 294 (Idaho 1975).
· cites it 2× “Travelers, the insurer, did not pay either party but rather filed this action in inter-pleader pursuant to I.C. § 5-321 and I.R. C.P. 22, joining both Johnson and Hatch as defendants.”
Kelley Bean Co. v. Victor, 834 P.2d 912 (Idaho Ct. App. 1992).
· cites it 2× “22; I.C. § 5-321. After tendering the proceeds into court, Kelley Bean was dismissed from the action.”
Aker v. Coleman, 88 P.2d 869 (Idaho 1939).
· cites it 2× “It does not appear that the property was returned to the judgment debtors or turned over to third party claimants, but rather that the sheriff kept the property and instituted an interpleader proceeding for the purpose of having the rights of the various claimants finally…”
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