Counterclaim for Interpleader 1. Defendant received the sum of ten thousand dollars as a deposit from E. F. 2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E. F. 3. E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit. Wherefore defendant demands: (1) That the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim.1 (2) That the court order the plaintiff and E. F. to interplead their respective claims. (3) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money. (4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money. (5) That the court award to the defendant its costs and attorney’s fees. _______________________ 1Rule 13(h) provides for the court ordering parties to a counterclaim, but who are not parties to the original action, to be brought in as defendants. Form 22. Motion to Bring in Third-Party Defendant [Deleted; effective March 16, 1964.] Form 22-A. Summons and Complaint Against Third-Party Defendant (Title of Court) Civil Action, File Number ___________ A. B., Plaintiff } v. } C. D., Defendant and } Summons Third-Party Plaintiff } v. } E. F., Third-Party Defendant } To the above-named Third-Party Defendant: You are hereby summoned and required to serve upon __________, plaintiff’s attorney whose address is __________, and upon __________, who is attorney for C. D., defendant and third-party plaintiff, and whose address is __________, an answer to the third-party complaint which is herewith served upon you within 20 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer. ______________________________ Clerk of Court [Seal of the District Court]

Vegas Law