Rule 66.Receivers
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended January 1, 1980 · Last verified July 14, 2026
Full Text of Rule 66
Notes
Reporter’s Notes—1980 Amendment: This rule is amended in the same manner, and for the same reasons, as Rule 16.1. See the Reporter’s Notes to the 1980 amendment to that rule.
Reporter’s Notes: This rule is similar to Federal Rule 66. It makes applicable to receivership proceedings the provisions of the rules, except where statutes expressly provide a different procedure. The rule does not affect the legal capacity or substantive rights of a receiver. See Clifford v. West Hartford Creamery Co., 103 Vt. 229, 153 A. 205 (1931). There is a general equitable jurisdiction over the appointment of receivers which may be invoked either in a separate action brought by complaint or upon motion in a pending suit. See Clifford v. West Hartford Creamery Co., supra; Westinghouse Elec. Mfg. Co. v. Barre & Montpelier Traction & Power Co., 97 Vt. 306, 123 A. 201 (1924); Underhill v. Rutland R. Co., 90 Vt. 462, 98 A. 1017 (1916); Langdon v. Vermont & C. R. Co., 54 Vt. 593 (1882). A number of statutory receivership provisions applicable to particular kinds of matters exist. See 8 V.S.A. §§ 1651-1665 (bank receiverships); 11 V.S.A. § 444 (receivership for corporation in contempt for failure to produce books and records); 11 V.S.A. §§ 492-495 (receivership for winding up of corporation); 12 V.S.A. §§ 4481-4485 (receivership for management of attached stock of a manufacturing establishment). The second sentence of the rule is based on former Chancery Rule 1.4.
Amendment History
Amended Nov. 27, 1979, eff. Jan. 1, 1980.
Plain-English Summary
Rule 66 keeps a receivership from being dismissed the way an ordinary case might be — a party cannot walk away from it unilaterally. An action in which a receiver has been appointed can be dismissed only by order of the court, which keeps the court's oversight in place for as long as the receivership continues.
The rule also keeps one judge connected to the case: the judge who appoints a receiver takes charge of everything related to that receivership for as long as that judge remains in office, subject to a reassignment the Administrative Judge might make. That judge is not stuck handling every detail alone, though — the rule lets that judge ask another judge to act in their place. And for everything not addressed by a specific statute, the ordinary Rules of Civil Procedure govern how receivership actions and actions by or against a receiver proceed.
Frequently Asked Questions
Can a party dismiss a receivership case on their own?
No. An action in which a receiver has been appointed cannot be dismissed except by order of the court.
Which judge oversees a receivership going forward?
The judge who appoints the receiver takes cognizance of all matters relating to the receivership for as long as that judge remains in office, subject to any change of assignment made by the Administrative Judge.
Can the appointing judge hand off receivership matters to someone else?
Yes. The judge who appointed the receiver may request that another judge act in their place on receivership matters.
What procedural rules apply to a receivership action?
Except where a statute provides otherwise, the general Rules of Civil Procedure govern the practice in actions for the appointment of a receiver and in actions brought by or against a receiver.
Why can't a receivership case just be dismissed like other lawsuits?
Because a receiver typically holds and manages property or assets on the court's behalf, requiring a court order to dismiss the action ensures the receivership is wound down properly rather than left unresolved by a unilateral dismissal.