Motion to Appoint a Receiver

When the motion to appoint a receiver is used

Timing: when property is at risk of being lost, wasted or hidden. For example, this comes up in foreclosure, business and judgment-enforcement disputes. Enforcement comes after a money judgment is entered. It is how a winning party actually collects.

What the rule requires

• Appointing a receiver is an extraordinary equitable remedy, so courts use it sparingly.
• Before deciding, judges often weigh the risk to the property, the adequacy of other remedies and the likely harm from the appointment.
• Under Rule 66, once a receiver has been appointed, only a court order can dismiss the action.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 66 online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to appoint a receiver in state court

This page covers the federal version. In state court, the motion to appoint a receiver may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Receiver: a neutral person appointed by a court to take custody of, manage and protect property or a business while a case is pending or to help enforce a judgment.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for a Preliminary Injunction: a request for an order that preserves the situation while the case is decided.
• Writ of Attachment: a court order allowing property of a defendant to be seized or held at the start of or during a case, to secure payment of a judgment the plaintiff may win.
• Writ of Execution (Enforcing a Money Judgment): the court process used to enforce a money judgment.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on motion to appoint a receiver. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.