__[Attorney name]__ __[Address]__ __[Telephone number]__ Attorney for Cross-Complainant, __[name]___ _ _ _ _ _ Court, County of _ _ _ _ _ _ __[_ _ _ _ _ _ District]__ _ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _ Plaintiff(s)) vs. )INTERLOCUTORY ORDER IN )INTERPLEADER BY CROSS-COMPLAINT _ _ _ _ _ _ _ _ _ _ _ _ _ ) Defendant(s))Hearing: __[date; time]__ _________________________ ) Department: _ _ _ _ _ _ Trial Date: __[if set]__ This matter was regularly heard at the above date and time. Appearing as attorneys were: __[List names of attorneys and parties represented by each]__. Satisfactory proof having been made, the Court finds: [Option 1: If sum is not disputed] 1. Cross-complainant, __[name]__, held the __[describe subject matter of interpleader action]__ mentioned in the complaint without claiming any right or interest in it. Cross-complainant has deposited the __[disputed sum/property/document]__ with the court clerk to be __[e.g., delivered to]__ whichever cross-defendant establishes __[his/her/its]__ right in it. [Option 2: If part of sum is disputed] 1. Cross-complainant, __[name]__, disputes liability for the amount of $_ _ _ _ _ _ claimed by cross-defendant, __[name]__. [Option 3: If whole sum is disputed] 1. Cross-complainant, __[name]__, disputes all liability to cross-defendant(s), __[name(s)]__. [Continue] 2. Conflicting claims and demands have been or may be made on cross-complainant by cross-defendants, __[names]__. Cross-defendants' claims are such that they may give rise to multiple liability. Cross-complainant cannot safely determine among them, and this is a proper cause for interpleader. 3. Cross-complainant has incurred costs of $_ _ _ _ _ _ and attorneys' fees of $_ _ _ _ _ _ to prosecute this cross-complaint in interpleader. It appearing that the cross-complaint was properly brought by cross-complainant, IT IS ORDERED that: 1. Cross-defendants in interpleader, __[names]__, appear in this action and litigate their several claims. [Add if appropriate] 2. __[Name]__ and __[name]__ be joined as defendants in this action. [Add if claim is not disputed] [3.] The complaint of __[plaintiff's name]__ be dismissed, with prejudice, as to cross-complainant. [4.] Cross-complainant be discharged from this case and from all liability on or arising out of __[describe subject matter of the action, e.g., insurance policy or escrow number]__. [If all or part of claim is disputed by stakeholder, order should be tailored to show whether liability issues have been determined, or are to be adjudicated after resolution of claimant's claims] [Continue] [5.] All parties to this action be restrained from instituting or further prosecuting any other proceeding in any court in this state affecting the rights and obligations between the parties to this interpleader until further order of this Court. [6.] Cross-complainant be awarded $_ _ _ _ _ _ costs and $_ _ _ _ _ _ attorneys' fees __[e.g., out of the proceeds/deposited with the clerk]__, and the clerk __[e.g., deposit the remainder of proceeds at interest]__ pending the outcome of this litigation, to be __[e.g., disbursed]__ on further order of the Court. [7.] __[State any additional orders]__. Date: _ _ _ _ _ _ _____________________ Judge
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Legal Forms : Set Two