§ RULE 66 RECEIVERS

Codes > Utah Code > Utah Rules > Part VIII > RULE 66

RULE 66. RECEIVERS

    (a) Grounds for appointment. The court may appoint a receiver:

    (a)(1) in any action in which property is in danger of being lost, removed, damaged or is insufficient to satisfy a judgment, order or claim;

    (a)(2) to carry the judgment into effect, to dispose of property according to the judgment and to preserve property during the pendency of an appeal;

    (a)(3) when a writ of execution has been returned unsatisfied or when the judgment debtor refuses to apply property in satisfaction of the judgment;

    (a)(4) when a corporation has been dissolved or is insolvent or in imminent danger of insolvency or has forfeited its corporate rights; or

    (a)(5) in all other cases in which receivers have been appointed by courts of equity.

    (b) Appointment of receiver. No party or attorney to the action, nor any person who is not impartial and disinterested as to all the parties and the subject matter of the action may be appointed receiver without the written consent of all interested parties.

    (c) The court may require security from a receiver in accordance with Rule 64.

    (d) Oath. A receiver shall swear or affirm to perform duties faithfully.

    (e) Powers of receivers. A receiver has, under the direction of the court, power to bring and defend actions, to seize property, to collect, pay and compromise debts, to invest funds, to make transfers and to take other action as the court may authorize.

    (f) Payment of taxes before sale or pledge of personal property. Before the receiver may sell, transfer or pledge personal property, the receiver shall pay applicable taxes and shall file receipts showing payment of taxes. If there are insufficient assets to pay the taxes, the court may authorize the sale, transfer or pledge with the proceeds to be used to pay taxes. Within 10 days after payment, the receiver shall file receipts showing payment of taxes.

    (g) Real property. Before a receiver is vested with real property, the receiver shall file a certified copy of the appointment order in the office of the county recorder of the county in which the real property is located.