S.C. R. Civ. P. 22
This Rule 22(a) is the same as the Federal Rule. Federal Rule 22(b) is deleted because it refers to the Federal Interpleader Act which is inapplicable in State procedure. Rule 22(a) broadens the remedy of interpleader permitted under Code §15-5-200. First, the remedy is of right and not in the discretion of the court. Second, interpleader may be brought by the applicant whether or not he is a party to the pending action. The remedy is not limited to defensive interpleader. Third, the traditional requirement that "the same debt or property" be claimed by the competing claimants gave rise to many technical and unjust decisions and has been abolished. Fourth, the plaintiff may aver that he is not liable in whole or in part to any or all of the claimants, and may remain in the litigation as a party. Fifth, there is no requirement that the applicant file an affidavit denying collusion. Thus the historical common law requirements of bills of interpleader or bills in the nature of interpleader are abolished.
This Rule 22(b) is new, and not in the Federal Rule. It is added to provide expressly for payment into court and discharge from liability as is now provided by Code §15-5-200.