# Idaho Code § 5-321: 5-321 INTERPLEADER

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-321

## Section

- **Citation:** Idaho Code § 5-321
- **Heading:** 5-321 INTERPLEADER
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 5 / Chapter 3 / Section 5-321

## Text

5-321. Interpleader. In an action commenced by a person possessing specific personal property which is claimed by two (2) or more persons to determine to which the property should be delivered, or in an action for the recovery of specific personal property where a third person demands of the defendant the same property, the court in its discretion, on motion of the person possessing the property, and notice to the persons claiming the property, whether or not they are parties to the action, may, before answer, make an order discharging the person possessing the property from liability to claiming persons and interplead such claiming person or persons in the action. The order shall not be made except on the condition that the person possessing the property shall deliver the property or its value to the clerk of the court or to such custodian as the court may direct, and unless it appears from the affidavit of the person possessing the property, filed with the clerk with the motion, that such person or persons claiming makes or make such demand without collusion with the party possessing the property. The affidavit of such third person as to whether he makes such demand of the defendant may be read on the hearing of the motion.

A person possessing the property who follows the procedure set forth above may insert in his motion for interpleader a request for allowance of his costs and reasonable attorney fees incurred in such action. In ordering the discharge of such party, the court may, in its discretion, award such party his costs and reasonable attorney fees from the amount in dispute which has been deposited with the court. At the time of final judgment in the action, the court may make such further provision for assumption of such costs and attorney fees by one (1) or more of the adverse claimants. At the same time, the court may, in its discretion, award to the person determined to be entitled to the property his costs and reasonable attorneys' fees against an unsuccessful claimant if the claim asserted by said claimant was frivolous or without substantial merit.

History:

[I.C., sec. 5-321, as added by 1971, ch. 164, sec. 2, p. 786.]

## Nearby sections

- [Idaho Code § 5-302 5-302 ASSIGNMENT OF THING IN ACTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-302.md)
- [Idaho Code § 5-304 5-304 MARRIED WOMEN AS PARTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-304.md)
- [Idaho Code § 5-305 5-305 HUSBAND AND WIFE SUED TOGETHER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-305.md)
- [Idaho Code § 5-306 5-306 INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-306.md)
- [Idaho Code § 5-308 5-308 ACTION FOR SEDUCTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-308.md)
- [Idaho Code § 5-309 5-309 ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-309.md)
- [Idaho Code § 5-310 5-310 ACTION FOR INJURY TO UNMARRIED CHILD.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-310.md)
- [Idaho Code § 5-311 5-311 SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL REPRESENTATIVES — DAMAGES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-311.md)
- [Idaho Code § 5-319 5-319 DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-319.md)
- [Idaho Code § 5-321 5-321 INTERPLEADER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-321.md)
- [Idaho Code § 5-326 5-326 UNKNOWN OWNERS OR HEIRS — EFFECT OF JUDGMENTS AND DECREES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-326.md)
- [Idaho Code § 5-327 5-327 PERSONAL INJURIES — PROPERTY DAMAGE — DEATH OF WRONGDOER — DEATH OF INJURED PARTY — SURVIVAL OF ACTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-327.md)
- [Idaho Code § 5-328 5-328 STATE A PARTY DEFENDANT IN SUIT AFFECTING TITLE TO REAL OR PERSONAL PROPERTY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-328.md)
- [Idaho Code § 5-329 5-329 SERVICE OF PROCESS UPON ATTORNEY GENERAL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-329.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C3_S5-321. Check the current official text before relying on it. Not legal advice.