No order appointing a custodial receiver under the general equity power of the court shall be granted without the consent of or notice to the adverse party, unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable damage will result to the applicant before notice can be served and a hearing had thereon. Such an order granted without notice shall give the adverse party leave to move for the discharge of the receiver on not more than 2 days’ notice; and shall direct a corporation or a partnership for whom a custodial receiver has been appointed to show cause why a receiver should not be appointed under the power conferred by statute. No statutory receiver shall be appointed for a corporation without giving it notice and an opportunity to be heard; and an order appointing a statutory receiver for a corporation shall give the stockholders and creditors of the corporation leave, at a specified time and place, to show cause why the receiver should not be continued. An action in which a receiver of a corporation has been appointed, or applied for shall not be dismissed except by order of the court. An order appointing a statutory or liquidating receiver shall be deemed final for the purposes of appeal.
Rule 4:53-1.Notice; dismissal; appeal
Last amended September 1, 1992 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:53-1 bars appointing a custodial receiver without notice or consent unless specific facts show immediate irreparable harm, requires notice and a hearing opportunity before any statutory receiver is appointed for a corporation, and makes an order appointing a statutory or liquidating receiver immediately final for appeal.
Full Text of Rule 4:53-1
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:68-1; amended July 14, 1992 to be effective September 1, 1992.
Plain-English Summary
Appointing someone to take control of a business is not a step courts take quietly. A custodial receiver cannot be appointed under the court's general equity power without the adverse party's consent or notice, unless specific facts show immediate and irreparable harm will occur before notice and a hearing are possible — and even then, the adverse party automatically gets leave to move for the receiver's discharge on short notice.
A statutory receiver for a corporation needs notice and a chance to be heard from the start, and the appointment order still gives stockholders and creditors their own opportunity, at a specified time, to argue the receivership shouldn't continue. Once a receiver is appointed or applied for, the action itself can only be dismissed by court order, and an order appointing a statutory or liquidating receiver is treated as final for purposes of appeal right away.
Frequently Asked Questions
Can a New Jersey court appoint a receiver without notice to the other side?
Only if specific facts, shown by affidavit or verified complaint, establish that immediate and irreparable damage will result before notice can be given and a hearing held — and the adverse party then gets leave to move for the receiver's discharge on short notice.
Is an order appointing a receiver immediately appealable?
An order appointing a statutory or liquidating receiver is deemed final for purposes of appeal.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:53-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: appointment of receivercustodial receiverstatutory receiver