RULE 66. RECEIVERS APPOINTED BY DISTRICT COURTS

Effective Date: 1/17/1980

Obsolete Date: 3/1/2011

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.

Rule 66 was amended, effective March 1, 2011; March 1, 2013.

Rule 66 is derived from Fed.R.Civ.P. 66.

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.

CROSS REFERENCE: N.D.R.Civ.P. 17 (Parties Plaintiff and Defendant-Capacity); N.D.R.Ct. 5.3 (Receivers).

Effective Date Obsolete Date
03/01/2013 View
03/01/2011 03/01/2013 View
01/17/1980 03/01/2011 View