An action wherein a receiver has been appointed shall not be dismissed except by order of the court. The practice in the administration of estates by receivers or by other similar officers appointed by the court shall be in accordance with §§ 6-6-620 through 6-6-628, Code of Alabama 1975, and with the practice heretofore followed in the courts of this state or as provided in rules promulgated by the Supreme Court of Alabama. In all other respects the action in which the appointment of a receiver is sought or which is brought by or against a receiver is governed by these rules.
Rule 66.Receivers.
Last verified July 6, 2026
In one sentenceRule 66 addresses lawsuits involving court-appointed receivers by barring dismissal of such an action except by court order, directing that the actual administration of receivership estates follow existing Alabama statutes and established state court practice rather than a newly invented procedure, and confirming that these civil rules otherwise govern any action seeking a receiver's appointment or brought by or against a receiver.
Full Text of Rule 66
(dc) District court rule. Rule 66 does not apply in the district courts.
Amendment History
[Amended eff. 10-1-95.]
Committee Comments
Committee Comments on 1973 Adoption
The rule is modeled on Federal Rule 66 and Minn.R.C.P. 66.
The rule preserves existing Alabama practice with regard to “the administration of estates by receivers.” As to the existing practice, see Tilley, Alabama Equity Pleading and Practice, 348 et seq. (1954). The general meaning of the phrase “practice in the administration of estates” is discussed in Phelan v. Middle States Oil Corp., 210 F.2d 360, 363-364 (2d Cir.1954). In all other respects these rules govern actions involving receivers.
Committee Comments to October 1, 1995, Amendment to Rule 66
The amendment replaced the citation to the Code of Alabama 1940 (Recomp. 1958) with a citation to the corresponding section of the Code of Alabama 1975.
District Court Committee Comments
To the extent that the appointment of a receiver is an action seeking equitable relief, the district court is deprived of jurisdiction pursuant to § 12- 1230(1), Code of Ala. Further, the informality of practice contemplated in the district court does not harmonize with the rather complicated practice that might ordinarily attend an action in which a receivership is necessary.
Plain-English Summary
A receiver is a court-appointed custodian who takes control of property or a business that is the subject of litigation, and Rule 66 makes clear that once a receiver has been appointed in a case, that action cannot be dismissed by the parties on their own; dismissal requires an order of the court. This protects the receivership itself and anyone relying on it from being cut off by a private agreement between the parties to end the case.
For the actual mechanics of how a receiver administers an estate, Rule 66 does not create new procedure. It instead points to the existing Alabama statutes governing receivership administration, along with the practice historically followed in the state's courts and any additional rules the Alabama Supreme Court adopts. This preserves the specialized, long-developed body of practice around receivership administration rather than replacing it wholesale.
Outside of that specific area of estate administration, Rule 66 folds receivership litigation back into the general civil rules. Any action in which a party seeks the appointment of a receiver, or any action brought by or against a receiver, is governed by these rules like any other civil action, covering matters such as pleading, motions, discovery, and judgment.
Frequently Asked Questions
Can a lawsuit involving a receiver be dismissed by the parties on their own?
No, once a receiver has been appointed in an action, the action cannot be dismissed except by order of the court.
What rules govern how a receiver administers an estate under Rule 66?
The administration follows the applicable Alabama statutes on receivership, the practice historically followed in Alabama courts, and any rules adopted by the Alabama Supreme Court, rather than a separate procedure created by Rule 66 itself.
Do the general civil procedure rules apply to receivership actions?
Yes, apart from the specific area of estate administration, an action seeking a receiver's appointment or brought by or against a receiver is governed by the same civil rules as any other action.
Why does Rule 66 restrict dismissal of actions involving receivers?
Because a receiver holds and manages property or a business on behalf of the court, allowing the parties to dismiss the case unilaterally could disrupt the receivership and harm interests the court has already taken under its control.
Does Rule 66 apply in Alabama district courts?
No, Rule 66 does not apply in the district courts.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 66). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: receivership Alabamacourt-appointed receiver ruledismissing a receivership actionAla. R. Civ. P. 66