9.8Interpleader

“Interpleader actions are equitable in nature” and “save a party from having to defend multiple suits seeking the same property or limited fund.” Secura Ins Co v Stamp, ___ Mich App ___, ___ (2022). Interpleader actions “are governed by MCR 3.603, which provides that ‘[p]ersons 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.’” Id. at ___ (citing MCR 3.603(A)(1); alteration in original). “It is not a 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 denies liability to any or all of the claimants in whole or in part.” MCR 3.603(A)(1).

The provisions of MCR 3.603 supplement MCR 2.206, and do not limit the permissive joinder of parties. MCR 2.603(C). See Section 3.2 for more information on joinder.

A defendant exposed to liability may obtain interpleader by counterclaim or cross-claim. MCR 3.603(A)(2). “A claimant not already before the court may be joined as [a] defendant, as provided in MCR 2.207 or MCR 2.209.” MCR 3.603(A)(2).

“The court may award actual costs to an interpleader plaintiff.” MCR 3.603(E).