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LegalText 28 U.S.C. § 2361 Process and procedure us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 159 INTERPLEADER 2361 28 U.S.C. § 2361 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s2361 data/legal/raw/us/code/title-28/usc28.xml 7b0090adae84376d84a10bf0e2babbb1134b32caee5ee8707db8c108dd2e3ee0 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf cb17b7d43e194d4d2aaee60825a966379f4263bf0304dafa35ff1f6843abee74 2026-07-04 official
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28 U.S.C. § 2361 - Process and procedure

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.

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

Notes

Historical and Revision Notes

1948 ActBased 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 ActThis 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

Amendments1949—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”.