[WSBARP] Cross-claim necessary in interpleader action for EM only?

[Kary Krismer]

One of the things I recall from Civ Pro is that there is no such thing 
as a compulsory cross-claim.

I don't see stating the facts that give rise to the claim to the money 
being in the nature of a cross claim.  Is an Interpleader more of an In 
Rem proceeding?

Kary L. Krismer
206 723-2148

On 6/22/2020 4:55 PM, Eric Nelsen wrote:
>
> Civil Procedure exam here—
>
> Earnest Money is paid via interpleader to the Court. Buyer and Seller 
> are both defendants fighting about the EM, and let's assume that is 
> the sole fight—who gets the EM. No possible claim for specific 
> performance or additional damages beyond the EM.
>
> In order to get complete joinder between the parties, since the 
> Complaint really says nothing about the nature of the claim between 
> the Buyer and Seller, is it necessary for the Buyer and Seller to 
> allege cross-claims against each other in their Answers to the 
> Complaint? (And so incur an additional $240 filing fee each, at least 
> in King County.)
>
> I think yes, based on general civil pleading rules? But it seems crazy 
> that there needs to be three filing fees paid for every interpleader 
> action.
>
> Sincerely,
>
> Eric
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com>
>
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