Rule 66.Receivers.
Last verified July 1, 2026
Full Text of Rule 66
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
A party seeking a receiver files an application supported by an affidavit, and the adverse party has 10 days to respond with its own supporting affidavits; except in narrow circumstances, the court must hold a hearing before appointing a receiver. Service on the adverse party generally must happen first, though the court can act without notice if the applicant shows either that diligent efforts to serve the party have failed or that substantial cause exists to appoint a receiver immediately — in which case the court can still require the applicant to serve the adverse party afterward and hold a prompt follow-up hearing. Rule 66 doesn't apply where Rule 65's injunction procedures govern instead. The court generally can't appoint a party, its officer or employee, its attorney, or another interested person as receiver, except in specific situations — like preserving abandoned property or collecting rents — where adequate notice is given and no party objects.
Before taking on the role, a receiver must post a bond the court approves, take an oath endorsed on that bond, and receive a certificate of appointment describing the property involved. Once appointed, a receiver may sue and be sued, take possession of the property, collect rents and debts, and perform whatever other duties the court orders, always subject to the court's supervision. The court can suspend or, after reasonable notice, remove a receiver and appoint a replacement, and any party can move to terminate the receivership, triggering a hearing where the court can require a final accounting and resolve the receiver's fees and costs. An action with an appointed receiver can't be dismissed except by court order, and equitable principles govern receivership matters generally.
Frequently Asked Questions
Does the court have to hold a hearing before appointing a receiver?
Generally yes, except in narrow circumstances such as when the receiver's appointment is sought without prior notice to the adverse party under the rule's specific provisions.
Can a party's own employee or officer serve as receiver?
Usually not, but the court may allow it in limited situations, such as when the receiver's duties are mainly to preserve abandoned property or collect rents, so long as adequate notice is given and no party objects.
What does a receiver have to do before starting their duties?
File a court-approved bond, take an oath endorsed on that bond, and receive a certificate of appointment describing the property involved in the action.
Can an action with a receiver be dismissed like any other case?
No. Once a receiver has been appointed, the action may not be dismissed except by court order.