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 statute and the practice heretofore followed in courts 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 this chapter.
Rule 66.Receivers
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-66 bars dismissal of a South Dakota action once a receiver has been appointed except by court order, requires estate administration by a receiver to follow statute and established practice, and otherwise folds receivership litigation into the ordinary rules of civil procedure.
Full Text of Rule 15-6-66
Plain-English Summary
Rule 15-6-66 protects whatever a receiver is managing on the court’s behalf by limiting how the underlying case can end. Once a receiver has been appointed in an action, that action cannot be dismissed outright — dismissal takes a court order, not just the parties’ agreement or a plaintiff’s decision to walk away.
The rule then splits governing law in two directions. How the receiver administers the estate — the day-to-day practice of managing property, accounting for it, and winding it up — follows the applicable statute and the practice South Dakota courts have already established for receivers and similar court-appointed officers. Everything else about the litigation itself, whether the action seeks appointment of a receiver or is brought by or against one, runs under the ordinary rules of civil procedure like any other case.
Frequently Asked Questions
Can a South Dakota lawsuit be voluntarily dismissed after a receiver has been appointed?
No. Rule 15-6-66 states that an action in which a receiver has been appointed shall not be dismissed except by order of the court.
What rules govern how a receiver administers an estate in South Dakota?
Rule 15-6-66 directs that administration of estates by receivers, or by other similar court-appointed officers, follow applicable statute and the practice previously followed in South Dakota courts.
Do the ordinary rules of civil procedure apply to a lawsuit brought by or against a receiver?
Yes. Rule 15-6-66 states that in all other respects, an action in which appointment of a receiver is sought, or that is brought by or against a receiver, is governed by this chapter.
Who can end a South Dakota case once a receiver has been appointed?
Only the court, by order, under Rule 15-6-66.
Does Rule 15-6-66 set the standard for when a receiver should be appointed?
No. It addresses what happens to the action after a receiver is appointed and what governs receivership litigation generally, rather than the standard for appointing a receiver in the first place.
Amendment History
—SD RCP, Rule 66, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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