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Rule 66.Receivers

Group VIII: Provisional and Final Remedies and Special Proceedings · Not amended since adoption on record · Last verified July 13, 2026

In one sentenceRule 66 requires a court order before a case with an appointed receiver can be dismissed, and gives the receiver default authority to sue, collect, compromise, and act in the debtor's name unless the appointing court restricts that power.

Full Text of Rule 66

Text sizeJump to: (a) (b)

(a) Action Where Receiver Appointed . An action in which 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 the laws of this State. 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.
(b) Powers of Receiver . In addition to the powers conferred by law, every receiver of the property and effects of a debtor shall, unless restricted by order of the court, have general power and authority to sue for and collect the debts, demands and rents belonging to the debtor, and to compromise and settle such as are of a doubtful value. He may also sue and defend in the name of the debtor where it is necessary or proper for him to do so.

Notes

Note: This Rule 66(a) is substantially identical to the Federal Rule and the present State practice. Rule 66(b) is added to preserve present Circuit Court Rule 69.

Plain-English Summary

Rule 66 stays brief because receivership already carried a body of law in South Carolina before the civil rules arrived. Subsection (a) adds one procedural safeguard on top of that existing practice: once a court appoints a receiver in a case, the case cannot be dismissed except by court order. The administration of the estate by the receiver still follows state law, and everything else about the action runs through the civil rules like any other case.

Subsection (b) sets the receiver's default authority. Unless the appointing court restricts it, a receiver can sue for and collect the debts, demands, and rents belonging to the debtor, compromise and settle claims of doubtful value, and sue or defend in the debtor's name where doing so is necessary or proper. The appointing court can narrow any of that authority by order.

Frequently Asked Questions

Can the parties dismiss a case once a receiver has been appointed?

No. Rule 66(a) requires a court order to dismiss an action once a receiver has been appointed, regardless of what the parties themselves want.

What can a receiver do without going back to court for approval?

Under Rule 66(b), unless the court restricts it, a receiver can sue for and collect debts, demands, and rents owed to the debtor, compromise doubtful claims, and sue or defend in the debtor's name.

Does state law or Rule 66 govern how a receiver administers an estate?

South Carolina law governs the administration of the estate by the receiver. Rule 66 governs the procedure of the underlying court action in which the receiver was appointed.

Source & verification. Rule text, official Notes, and amendment history are reproduced verbatim from the South Carolina Rules of Civil Procedure, adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. · Official source
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