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28 U.S.C. § 1397 — Interpleader

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1397 — Interpleader

Any civil action of interpleader or in the nature of interpleader under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1335&num=0&edition=prelim) may be brought in the judicial district in which one or more of the claimants reside.

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Stable record: federal_law:legal_authorities:record_usc_afa0a2509d0830c0a11101d6
Source file: Laws/federal/codes/united-states-code/title-28/section-1397-interpleader--ff0d854883.md
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Source location: Title 28, Chapter 87, § 1397; chapter-087-district-courts-venue.md

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Any civil action of interpleader or in the nature of interpleader under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1335&num=0&edition=prelim) may be brought in the judicial district in which one or more of the claimants reside.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1335 — Interpleader

**(a)** The district courts shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to the amount of $500 or more, if (1) Two or more adverse claimants, of diverse citizenship as defined in subsection (a) or (d) of [section 1332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1332&num=0&edition=prelim), are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited such money or property or has paid the amount of or the loan or other value of such instrument or the amount due under such obligation into the registry of the court, there to abide the judgment of the court, or has given 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 by the plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy. **(b)** Such an action may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1335

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2361 — Process and procedure

In any civil action of interpleader or in the nature of interpleader under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1335&num=0&edition=prelim), 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2361

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1397 — Interpleader

Page 388 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1396 HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 104, 106, 107, and 108, and section 3745(c) of title 26, U.S.C., 1940 ed., Inter- nal Revenue Code (Mar. 3, 1911, ch. 231, §§ 43, 45, 46, 47, 36 Stat. 1100; Feb. 10, 1939, ch. 2, § 3745(c), 53 Stat. 460). This section consolidates section 3745(c) of title 26, U.S.C., 1940 ed., with sections 104, 106, 107, and 108 of title 28, U.S.C., 1940 ed., relating to venue in civil pro- ceedings to recover and enforce civil fines, penalties, and forfeitures, pecuniary or otherwise. Subsection (a) is based on said section 104 of title 28 and said section 3745(c) of title 26. Subsections (b) and (c) consolidate such sections 106 and 107 of title 28. Subsection (e) is based on such section 108 of title 28. Subsection (b) substituted words ‘‘may be prosecuted in any district where such property is found’’ for ‘‘shall be prosecuted in the district where the seizure is made,’’ to include not only property seized, but also all other property subject to forfeiture. Words ‘‘civil’’ and ‘‘fine’’ were inserted to make this section applicable to the many provisions of the United States Code for fines essentially civil. (See reviser’s note under section 1355 of this title.) Provisions of section 3745(c) of title 26, U.S.C., 1940 ed., that such suit may be brought ‘‘before any other court of competent jurisdiction’’ were omitted as mis- leading surplusage, since United States district courts, under section 1355 of this title, have exclusive jurisdic- tion. Subsection (d) was added for completeness and clar- ity. Changes were made in phraseology. SENATE REVISION AMENDMENT While section 3745(c) of Title 26, U.S.C., Internal Rev- enue Code, is o

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1397

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