INTERPLEADER A. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in Section 20 of this act. B. The provisions of this section shall be applicable to actions brought against a sheriff or other officer for the recovery of personal property taken by him under execution or for the
proceeds of such property so taken and sold by him; and the defendant in any such action shall be entitled to the benefit of this section against the party in whose favor the execution issued. C. The court may make an order for the safekeeping of the subject of the action or for its payment or delivery into the court or to such person as the court may direct, and the court may order the person who is seeking relief by way of interpleader to give a 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 with the future order or judgment of the court with respect to the subject matter of the controversy. Where the party seeking relief by way of interpleader claims no interest in the subject of the action and the subject of the action has been deposited with the court or with a person designated by the court, the court should discharge him from the action and from liability as to the claims of the other parties to the action with costs and, in the discretion of the court, a reasonable attorney fee. D. In cases of interpleader, costs may be adjudged for or against any party, except as provided in subsection C of this section. Added by Laws 1984, c. 164, § 22, eff. Nov. 1, 1984.
Notes of Decisions
Roach v. Atlas Life Ins. Co., 769 P.2d 158 (Okla. 1989).
· cites it 2× “If such third party appear, he shall be allowed to make himself defendant in the action, in lieu of the original defendant, who shall be discharged from all liability to either of the other parties in respect to the subject of the action .”
Shebester v. Triple Crown Insurers, 826 P.2d 603 (Okla. 1992).
· cites it 2× “Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability... . * * * * * * C. * * * Where the party seeking relief by way of interpleader…”
Warehouse Mkt. v. State ex rel. Oklahoma Tax Comm., 2021 OK 6, 481 P.3d 250.
· cites it 2× “8 The interpleader statute, 12 O.S. 2011 §2022 provides: A. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability.”
Aircraft Equip. Co. v. Kiowa Tribe of Oklahoma, 1997 OK 62, 939 P.2d 1143.
· cites it 2× “Title 12 O.S.1991, § 2022 provides that a defendant who is exposed to double or multiple liability may obtain interpleader by way of cross-claim or counterclaim.”
Strelecki v. Oklahoma Tax Comm'n, 872 P.2d 910 (Okla. 1994).
“See the description of class actions in 12 O.S.1991 § 2022. We have held that a class action to restrain the collection of a tax, or to “roll back” assessed taxes, is improper.”
Stanford v. Fid. & Guar. Life Ins. Co., 936 P.2d 352 (Okla. Civ. App. 1996).
· cites it 2× “Further, pursuant to 12 O.S.1991 § 2022, the trial court shall allow Fidelity to pay the proceeds of the insurance policy into court, and thereafter Fidelity shall be discharged from the action.”
Durant v. Changing, Inc., 891 P.2d 628 (Okla. Civ. App. 1995).
“See 12 O.S.1991 § 2022. Albright correctly contends that interpleader is permissive, and therefore it cannot be compelled to “incur the addition [sic ] expense of costs and attorney fees .”
Accident Care & Treatment Ctr. v. CSAA Gen. Ins. Co., 2021 OK CIV APP 3, 483 P.3d 1.
· cites it 2× “It argues, among other things, that the proper course for CSAA was to file an interpleader action, 12 O.S. 2011 § 2022, to deposit with the court the funds CSAA determined were payable on Mr.”
Midfirst Bank v. Poe, 2020 OK CIV APP 63, 479 P.3d 250.
· cites it 3× “1 ¶5 In a proceeding commenced pursuant to 12 O.S. §2022, the district court's order directing a pleader to deposit the subject of the action into court is reviewed for an abuse of discretion.”
G & C v. Rexam Beverage, No. 12-6239 (10th Cir. May 29, 2013).
· cites it 3× “5 of the Agreement, G&C also argued in its motion that it was entitled to recover the deducted amount under Okla. Stat. tit. 12, § 2022 (D). On August 13, 2012, the district court entered an order denying G&C’s motion to review the costs award.”
G & C Holdings, LLC v. Rexam Beverage Can Co., 525 F. App'x 846 (10th Cir. 2013).
· cites it 3× “5 of the Agreement, G & C also argued in its motion that it was entitled to recover the deducted amount under Okla. Stat. tit. 12, § 2022 (D). On August 13, 2012, the district court entered an order denying G & C’s motion to review the costs award.”
Okla. Stat. tit. 12, § 2022(A): 1 case
Midfirst Bank v. Poe, 2020 OK CIV APP 63, 479 P.3d 250.
“1 ¶5 In a proceeding commenced pursuant to 12 O.S. §2022, the district court's order directing a pleader to deposit the subject of the action into court is reviewed for an abuse of discretion.”
Okla. Stat. tit. 12, § 2022(C): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.