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Rule 66 – Receivers

May 14, 2021 | Civil Procedure, South Carolina

(a) Action Where Receiver Appointed. An action in which 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 laws of this State. 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) Powers of Receiver. In addition to the powers conferred by law, every receiver of the property and effects of a debtor shall, unless restricted by order of the court, have general power and authority to sue for and collect the debts, demands and rents belonging to the debtor, and to compromise and settle such as are of a doubtful value. He may also sue and defend in the name of the debtor where it is necessary or proper for him to do so.

S.c. R. Civ. P. 66

This Rule 66(a) is substantially identical to the Federal Rule and the present State practice. Rule 66(b) is added to preserve present Circuit Court Rule 69.