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Rule 66 – Receivers

May 13, 2021 | Civil Law, Massachusetts

(a) An action wherein a receiver has been appointed shall not be dismissed except by order of the court. The practice in the administration of estates by receivers or by other similar officers appointed by the court shall be in accordance with the practice heretofore followed in the courts of this Commonwealth and with the laws thereof. In all other respects the action in which the appointment of a receiver is sought or which is brought by or against a receiver is governed by these rules.
(b) Every receiver, within thirty days after his appointment, shall file a detailed inventory of the property of which he has possession or the right to possession, with the estimated values thereof, together with a list of the encumbrances thereon; and also a list of the creditors of the receivership and of the party whose property is in the hands of the receiver, so far as known to him.
(c) Every receiver shall file, not later than the fifteenth day of February of each year, a detailed account under oath of his receivership to and including the last day of the preceding year, substantially in the form required for an account by a conservator in the probate courts, together with a report of the condition of the receivership. He shall also file such further accounts and reports as the court may order.
(d) When an attorney at law has been appointed a receiver, no attorney shall be employed by the receiver or receivers except upon order of court, which shall be made only upon the petition of a receiver, stating the name of the attorney whom he desires to employ and showing the necessity of such employment.
(e) No order discharging a receiver from further responsibility will be entered until he has settled his final account.
(f) The court, in its discretion, may relieve any receiver from any requirement imposed by sections (b)-(e) of this rule.

Mass. R. Civ. P. 66

Effective July 1, 1974; amended June 24, 2009, effective July 1, 2009.

Reporter’s Notes:

(2009): The 2009 amendments reflect changes resulting from the adoption of the Massachusetts Uniform Probate Code.

(1996): With the merger of the District Court Rules into the Mass. R. Civ. P., minor differences which had existed between Mass. R. Civ. P. 66 and Dist./Mun. Cts. R. Civ. P. 66 have been eliminated.

(1973): Rule 66 presents no conflict with prior Massachusetts practice; Rule 66(a) indeed explicitly incorporates existing law. See G.L. c. 200, 205, and 206. Succeeding subsections of the rule incorporate Super.Ct. Rule 91 in its entirety. Rule 66(e) dealing with discharge of a receiver accords with S.J.C. Rule 2:47. Rule 66(f) imparts flexibility to permit abrogation of requirements in appropriate eases, as for example a rent receivership.