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. 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 has capacity 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 March 1, 2011.
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
Rule 66 was amended, effective March 1, 2011, 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 April 29-30, 2010, pages 28-29; January
28-29, 2010, pages 14-15; January 17-18, 1980, page 6;
Fed.R.Civ.P. 66 , FRCivP.
Rule N.D.R.Civ.P. 17 (Parties Plaintiff and
N.D.R.Civ.P.; Rule N.D.R.Ct. 8.1