RULE 66. RECEIVERS APPOINTED BY DISTRICT COURTS
An action wherein a receiver has been appointed shall not be dismissed except by order of the court. A foreign receiver shall have capacity to sue in any district court but his rights are subordinate to those of local creditors. The practice in the administration of estates by receivers or by other similar officers appointed by the court shall be in accordance with the appropriate statute of this state and the practice heretofore followed in the courts of this state or as provided in rules promulgated by the district courts. 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.
These rules govern an action in which the appointment of a receiver is sought or a receiver sues or is sued. But the practice in administering an estate by a receiver or a similar court-appointed officer must accord with state statute or with a local rule. A foreign receiver must be allowed to sue in any district court, but the receiver’s rights are subordinate to those of local creditors. An action in which a receiver has been appointed may be dismissed only by court order.
Rule 66 was amended, effective ________________.
Rule 66 is identical to Rule 66, FRCivP, except for changes to conform to the court system of North Dakota and additions (i) to allow a foreign receiver to sue in district court without going through the formal ceremony of an auxiliary appointment and (ii) to specify statutes as one of the sources of procedure for the administration of estates derived from Fed.R.Civ.P. 66.
Rule 66 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of ________________; January 28-29, 2010, pages 14-15; January 17-18, 1980, page 6; Rule Fed.R.Civ.P. 66, FRCivP.
Cross Reference: Rule N.D.R.Civ.P. 17 (Parties Plaintiff and Defendant-Capacity), N.D.R.Civ.P.; Rule N.D.R.Ct. 8.1 (Receivers) N.D.R.Ct.