803.07 Interpleader. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross claim or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in s. 803.04.
History: Sup. Ct. Order, 67 Wis. 2d 585, 649 (1975); 1975 c. 218; 2007 a. 97.
Under this section, a defendant who is exposed to double or multiple liability may obtain interpleader by way of cross claim or counterclaim against a party already in the lawsuit. Nelson v. Loessin, 2020 WI App 72, 394 Wis. 2d 784, 951 N.W.2d 605, 18-2448.
As I See It: Improving Interpleader: Discharge Stakeholders from Litigation. Finerty. Wis. Law. June 2020.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 803 - Civil procedure — parties.
803.01 - Parties plaintiff and defendant; capacity.
803.02 - Joinder of claims and remedies.
803.03 - Joinder of persons needed for just and complete adjudication.
803.04 - Permissive joinder of parties.
803.045 - Actions to satisfy spousal obligations.
803.05 - Third-party practice.