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RULE 5.3 RECEIVERS

Effective Date: 3/1/2013

(a) Qualification of Receivers. Receivers shall meet the qualifications set out by statute. See Chapter 32-10, North Dakota Century Code.

(b) Attorneys for Receivers. Application. An attorney for the receiver may be employed only upon order of the court, upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed, who must not be interested in the action as attorney for any party without the written consent of the opposing parties filed with the clerk.

(c) Inventories of Receivers. Not later than 30 days after his appointment, the receiver shall file with the court a detailed report and inventory of all property, real or personal, of the estate, designating the property within his possession or control.

(d) Appraisal for Receivers.

(1) Appraisers. Appraisers for receivers may be appointed by the court.
(2) Appraisal by Receiver. If no appraisers are appointed, the receiver shall investigate the value of the several items listed as disclosed by the investigation.

(e) Reports of Receivers.

(1) Time of Filing. The receiver shall file one report each year, the first report 12 months after the appointment, and annually thereafter. Special reports may be ordered by the court, and a final report must be filed upon the termination of the proceedings.
(2) Forms. The court may prescribe forms to be used for reports of a receiver.
(3) Fee. Application for fees of a receiver or his attorney, except by leave of the court, may be made only at the time of the filing of a receiver's report.

The content of Rule 5.3 was transferred from Rule 8.1, effective March 1, 2013.

Effective Date Obsolete Date
03/01/2013 View
03/01/2013 03/01/2013 View