Rule 1007.Receiver

Rule 1007 closes the Idaho Rules of Family Law Procedure in three sentences.

Coverage

These rules govern an action in which the appointment of a receiver is sought, or in which a receiver sues or is sued. So the family law procedure applies to the litigation around a receivership — the motion practice, the discovery, the hearing.

But the receivership itself is statutory

The appointment and administration of estates by receivers or other similar officers must be in accordance with Idaho Code. The grounds for appointing a receiver, the receiver's powers over the property, the handling and accounting for the estate, and the terms of discharge come from statute, not from these rules.

No dismissal without an order

An action in which a receiver has been appointed may be dismissed only by court order.

That is a real exception to Rule 119, which otherwise lets a petitioner dismiss without a court order in defined circumstances. Once a receiver holds property, the parties cannot end the case between themselves and walk away — the receiver's possession, accounts and compensation all have to be resolved first.

Where it comes up

Rarely, and almost always around a business. Where a spouse controls a closely held company and the court has reason to believe assets are being dissipated during the divorce, a receiver can be appointed to hold and manage it pending judgment. Rule 701(b)(10) lets the court appoint one at a pretrial conference; Rule 901(a)(5) lets it assess and apportion the receiver's fees as costs; and Rule 807(a) provides that a judgment in a receivership action is not stayed after entry or during an appeal unless the court orders otherwise.