RULE 66. RECEIVERS

Effective Date: 3/1/2011

Obsolete Date: 3/1/2013

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; 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