§ Rule 66(a) Application; verification; service; notice; restraining order

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > VIII Provisional > Rule 66 > Rule 66(a)

Rule 66(a). Application; verification; service; notice; restraining order

    An application for the appointment of a receiver may be included in a verified complaint or may be made by separate and independent verified application after a complaint has been filed. No application shall be considered unless served upon the adverse party except where (A) at least ten days after filing the application, the applicant files a sworn affidavit showing that all reasonable efforts having been made, personal service on the adverse party cannot be made within the state or by direct service out of state; or (B) there is substantial cause for appointing a receiver before service can otherwise be made. If application for appointment of a receiver without notice is made, the court shall require and the applicant shall file in the court a bond in such amount as the court shall fix, with such surety as the court shall approve, conditioned to indemnify the defendant for such costs, and all damages as may be occasioned by the seizure, taking and detention of the defendant's property; or, if the defendant is available for service, the court may order a hearing on the application in less than ten days. No application for a receivership under this rule shall be entertained where Rule 65 is applicable.