Idaho State Statutes - Idaho Attorney Directory

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.

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