N.M. R. Civ. P. Dist. Ct. 1-022
N.M. R. Civ. P. Dist. Ct. 1-022
For joinder of persons and parties, see Rules 1-019 and 1-020 NMRA. For intervention, see Rule 1-024 NMRA. For bailee under document of title requiring interpleader of conflicting claims, see Section 55-7-603 NMSA 1978. Compiler's notes. - This rule is deemed to have superseded Laws 1931, ch. 156, relating to interpleading in actions upon contract or for the recovery of personal property where a third party, without collusion, had or made a claim to the subject of the action, and Laws 1933, ch. 8, §1, relating to interpleading where two or more persons severally claimed the same debt or thing. Paragraph B is deemed to have superseded Laws 1933, ch. 8, §2, which was substantially the same. Paragraph C is deemed to have superseded Laws 1933, ch. 8, §3, which was substantially the same. Paragraph D is deemed to have superseded Laws 1933, ch. 8, §4, which was substantially the same. I. GENERAL CONSIDERATION. Denial of liability by plaintiff not improper. - The filing of an interpleader action does not constitute an irrevocable admission of liability to the extent of the funds deposited, thereby precluding a trial judge from granting a motion for dismissal and withdrawal of the funds; as interpleader relief under this rule now provides for a new and more liberal joinder in the alternative, it is no longer a ground for objection that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. Fireman's Ins. Co. v. Bustani, 1987-NMSC-044, 105 N.M. 760, 737 P.2d 541. Not general shield from negligence liability. - Bank improperly contended that by interpleading the amount in dispute of joint account it could absolve itself of any liability, since the named party to the account had a reserved right to continue her suit against the bank for possible negligence in its addition of one of the co-owner's to the account. Johnston v. Sunwest Bank, 1993-NMSC-060, 116 N.M. 422, 863 P.2d 1043. II. WHO MAY INTERPLEAD. Generally. - Party substituted as defendant in replevin could not complain on appeal that Laws 1931, ch. 156, authorizing such procedure, was inapplicable, in the absence of objection in the trial court. Shaffer v. McCulloh, 1934-NMSC-012, 38 N.M. 179, 29 P.2d 486. See Rule 46, N.M.R. Civ. P Intervener held bound by an adjudication of title to the property in suit to which he was a party claiming ownership. McClendon v. Dean, 1941-NMSC-047, 45 N.M. 496, 117 P.2d 250 (decided under former law). In an interpleader suit, it was held that the amount due could not be the subject of controversy between a claimant and one petitioning for interpleader, and where such controversy existed, it presented an insuperable objection to its prosecution. Bowman Bank & Trust Co. v. First Nat'l Bank, 1914-NMSC-014, 18 N.M. 589, 139 P. 148 (decided under former law). Parties on one side not deemed to be one party. - These rules, as well as the common understanding of what is meant by a party to a lawsuit, are inconsistent with the position that all parties on one side of a lawsuit are but one party. Romero v. Felter, 1972-NMSC-032, 83 N.M. 736, 497 P.2d 738. Oil lease assignee may interplead nonparticipating mineral interest as to delay rental payments. HNG Fossil Fuels Co. v. Roach, 1982-NMSC-156, 99 N.M. 216, 656 P.2d 879. By interpleading lessor, assignee does not breach nonwarranty clause. - Merely by interpleading the lessor of an oil and gas lease in order to receive clarification as to his entitlement to delay rentals, an assignee does not breach the nonwarranty clause in the lease. HNG Fossil Fuels Co. v. Roach, 1982-NMSC-156, 99 N.M. 216, 656 P.2d 879. Claimants in workmen's compensation. - Where, aside from the amount paid into court being inadequate, the employer and workmen's compensation insurer asserted an absence of liability to the deceased workman's dependent mother, and, so far as could be determined, never, either before or after filing for interpleader of claimants, actually offered to the workman's minor daughter the amount to which she was entitled; under this rule, this action was permissible, although such procedure differs from a true interpleader. Employers Mut. Liab. Ins. Co. v. Jarde, 1963-NMSC-215, 73 N.M. 371, 388 P.2d 382. Right of counterclaim by insurance claimant not precluded. - Where plaintiff insurance company brought interpleader action to determine which of competing claims to proceeds of a life insurance policy was the correct one, defendant who was one of claimants was not precluded from asserting counterclaim in tort for unreasonable delay, in bad faith, in making payments on the contract, despite plaintiff's contention that, as stakeholder in an interpleader action, it was not an opposing party against whom a counterclaim could be filed. Travelers Ins. Co. v. Montoya, 1977-NMCA-062, 90 N.M. 556, 566 P.2d 105. Interpleader proper action. - Bank faced with competing claims to a fee properly resorted to interpleading action and did not violate fiduciary duty to pay the fee to one party. Bank of N.Y. v. Regional Housing Auth., 2005-NMCA-116, 138 N.M. 389, 120 P.3d 471. Law reviews. - For annual survey of New Mexico law relating to civil procedure, see 12 N.M.L. Rev. 97 (1982). For case note, "CIVIL PROCEDURE - New Mexico Adopts the Modern View of Collateral Estoppel: Silva v. State," see 18 N.M.L. Rev. 597 (1988). Am. Jur. 2d, A.L.R. and C.J.S. references. - 45 Am. Jur. 2d Interpleader §§1, 7 to 9, 13, 17, 30, 45. Judgment debtor's right to interplead, 48 A.L.R. 966. Bank's right to interplead rival claimants to deposit, 60 A.L.R. 719. Nature and extent of relief of successful intervener or interpleader in attachment, 66 A.L.R. 908. Right of owner to maintain bill of interpleader against contractor and lien claimants and others in respect to fund arising from construction contracts, 70 A.L.R. 515. Interpleader where one claimant asserts an adverse and paramount title, 97 A.L.R. 996. Warehouseman's right to interplead rival claimants to goods stored or their proceeds, 100 A.L.R. 425. When insurance company deemed to be a disinterested stakeholder for purposes of bill of interpleader, 108 A.L.R. 267. Right to interpleader by obligor in bond or other contract the obligation or benefit which extends to a class, 108 A.L.R. 1250. Same person as stakeholder and claimant, bill of interpleader as affected by fact that same person, in different capacities, is both stakeholder and one of the rival claimants, 144 A.L.R. 1154. Interpleader by executor and administrator, 152 A.L.R. 1122. Interpleading claimants under facility of payment clause in insurance policy, 166 A.L.R. 85. Allowance of interest on interpleaded or impleaded disputed funds, 15 A.L.R.2d 473. Jurisdiction and venue of federal court, under federal interpleader statutes to entertain cross-claim by one interpleaded party against another, 17 A.L.R.2d 741. Corporation's right to interplead claimants to dividends, 46 A.L.R.2d 980. Allowance of attorney's fees to party interpleading claimants to funds or property, 48 A.L.R.2d 190. Stakeholder's liability for loss of interpleaded funds after they leave stakeholder's control, 7 A.L.R.5th 976. 48 C.J.S. Interpleader §§ 13, 29, 49 to 52.