TITLE EIGHT — PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEDURES
Rule 48. Receivers; Deposit into Court
Appointment of a Receiver. The court may appoint a receiver to take custody of, manage, preserve, or dispose of property that is the subject of an action, or of a business or enterprise whose operation is in issue, where no less intrusive remedy will preserve the property or the rights of the parties. A receiver shall be appointed only on motion, on notice to every party and to any person in possession of the property, and after hearing, except that the court may appoint a temporary receiver upon the findings required by Rule 47(1)(a).
Who May Be Appointed; Qualifications. The court shall appoint as receiver a person who is not a party, not counsel to a party, and not otherwise interested in the outcome. A person declared delinquent under Rule 50.1 shall not be appointed. Before acting, the receiver shall file a written acceptance of the appointment and an oath, administered by the Clerk under 3 R. Stat. § 131.104, faithfully to discharge the office.
Powers, Duties, and Accounting.
The order of appointment shall state with particularity the property or enterprise committed to the receiver, the powers conferred, the acts the receiver is forbidden to perform, and the duration of the receivership.
A receiver may sue and be sued in that capacity only with leave of the appointing court.
A receiver shall deliver to the Clerk, at the intervals the order prescribes and in any event upon termination, a written account of all property received, all disbursements made, and the persons to whom property or money was delivered. The Clerk shall enter each account upon the docket.
The receiver’s compensation, if any, shall be fixed by the court and charged as costs against the property or against the party the court directs.
Termination. The court shall terminate the receivership when the purpose of the appointment is accomplished, when the receivership is no longer necessary, or on the entry of judgment. On termination the court shall direct the disposition of the property and shall settle the receiver’s final account after notice to the parties.
Deposit into Court.
When Permitted. Where any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or of a specific thing, a party may, on notice to every other party and by leave of court, deposit with the Clerk all or part of that money or thing, whether or not that party claims any of it.
Manner. The deposit shall be made in the manner the Clerk directs and is able to receive and account for, including transfer through the State’s game mechanics to an account the Clerk maintains for the purpose. The Clerk shall note the receipt of the deposit upon the docket, identifying the depositor, the amount or thing deposited, and the date and time of receipt in Coordinated Universal Time. The court shall not order a deposit the Clerk has no means to receive.
Custody and Disbursement. Money or property deposited under this rule is in the custody of the court and shall be disbursed only upon order of the court. On disbursement the Clerk shall enter upon the docket the amount disbursed, the person to whom it was disbursed, and the order authorizing it.
Effect. A deposit does not admit liability and does not, of itself, discharge any obligation, except to the extent the court so orders on final disposition.