RULE 8.1 RECEIVERS
Effective Date: 4/29/2010
Obsolete Date: 1/1/2014
(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.
Rule 8.1 was adopted, effective January 1, 2014, and amended effective March 1, 2016.
Subdivision (b) was amended, effective March 1, 2016, to remove language no longer relevant to the mediation program.
Subdivisions (c) and (d) were amended, effective September 1, 2020, to conform this rule to the Juvenile Court Rules.
Paragraph (d)(1) was amended, effective March 1, 2016, to permit the program administrator to prepare an order and schedule for mediation under the authority of the assigned judge; and subparagraph (d)(1(B) increased the length of time allowed for completion of the mediation from 90 to 120 days to allow parties to gather necessary information to prepare for the mediation.
Paragraph (d)(2) was amended, effective March 1, 2016, to provide for notice to the assigned judge of a party failing to appear for orientation or mediation sessions.
Rule 8.1 contains the former content of N.D.Sup.Ct.Admin.O. 17, which was adopted effective March 1, 2008, and amended, effective September 1, 2010 and March 1, 2011. The order was converted to a rule to reflect the program's transition from pilot status.
Sources: Joint Procedure Committee Minutes of April 29-30, 2010, page 21.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. §§ 14-09-06.6, 14-09.1-02, 14-09.1-06, 31-04-11.
CROSS REFERENCE: N.D.R.Civ.P. 16 (Pretrial Conferences; Scheduling; Management); N.D.R.App.P. 5 (Post-Judgment Mediation); N.D.R.Ct. 8.3 (Case Management), N.D.R.Ct. 8.8(Alternative Dispute Resolution), N.D.R.Ct. 8.9 (Roster of Alternative Dispute Resolution Neutrals).