Process and procedure

28 U.S.C. § 2361

• Title: 28 — Judiciary and Judicial Procedure
• Chapter: 159 — INTERPLEADER

Text

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.

History

(June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, §117, 63 Stat. 105.)

Editorial Notes

Historical and Revision Notes

1948 Act
Based on title 28, U.S.C., 1940 ed., §41(26) (Mar. 3, 1911, ch. 231, §24, par. 26, as added Jan. 20, 1936, ch. 13, §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.

Editorial Notes

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".

Historical and Revision Notes

1949 Act
This section amends the analysis of chapter 161 of title 28, U.S.C., to conform item 2411 therein with the catch line of section 2411 of such title as amended by another section of this bill.

Editorial Notes

Amendments
1980—Pub. L. 96–481, title II, §204(b), Oct. 21, 1980, 94 Stat. 2329, substituted "Costs and fees" for "Costs" in item 2412.
1976—Pub. L. 94–381, §6, Aug. 12, 1976, 90 Stat. 1120, inserted "or a State" after "United States" in item 2403.
1972—Pub. L. 92–562, §3(b), Oct. 25, 1972, 86 Stat. 1177, added item 2409a.
1966—Pub. L. 89–505, §2, July 18, 1966, 80 Stat. 305, added items 2415 and 2416.
1961—Pub. L. 87–187, §2, Aug. 30, 1961, 75 Stat. 416, substituted "and compromise settlements" for "against the United States" in item 2414.
1954—Act July 30, 1954, ch. 648, §2(b), 68 Stat. 589, struck out "denied" in item 2402.
1949—Act May 24, 1949, ch. 139, §118, 63 Stat. 105, substituted "Interest" for "Interest on judgments against United States" in item 2411.