Short answer. Upon the filing of the complaint, the court issues an order requiring the conflicting claimants to interplead with one another. If the interests of justice require it, the court may also direct in that order that the subject matter be paid or delivered to the court.
What the law says
Upon the filing of the complaint, the court shall issue an order requiring the conflicting claimants to interplead with one another. If the interests of justice so require, the court may direct in such order that the subject matter be paid or delivered to the court.
Rule 62, Section 2 — Order. Read the full provision →
The order to interplead is automatic upon filing
Rule 62, Section 2 requires the court to issue its order requiring the conflicting claimants to interplead with one another immediately upon the filing of the complaint. This is the core mechanism of interpleader — it forces the rival claimants into a single proceeding where their competing claims can be resolved together, rather than the person holding the property facing separate lawsuits from each claimant.
Depositing the subject matter with the court is discretionary
Beyond the mandatory order to interplead, the section gives the court a separate, discretionary power: directing that the subject matter itself be paid or delivered to the court, but only if the interests of justice so require. This is not automatic — it depends on the court's judgment about whether holding the property or money centrally is necessary to keep it safe and available for whichever claimant is ultimately found entitled to it.
Why this two-part order matters
Together, these two elements set the interpleader case in motion: the claimants are brought together to litigate their competing rights in one proceeding, and, where warranted, the disputed property is secured with the court itself rather than remaining with the party who filed the complaint while the dispute is pending. This protects the stakeholder from being accused of favoring one claimant over another while the case is still being resolved.
What this accomplishes for the stakeholder
For the party who filed the interpleader complaint — typically someone holding money or property claimed by two or more people — this order is the payoff for bringing the case in the first place. It converts multiple separate, potentially inconsistent claims against them into a single proceeding where the rival claimants fight it out between themselves, while the stakeholder can often simply step aside once the property or money is properly deposited or accounted for. None of this order relieves the stakeholder of the ordinary duty to properly serve summons, the complaint, and the order itself on each conflicting claimant; the court's order to interplead only sets the case in motion, it does not by itself bring the claimants under the court's jurisdiction.