Utah Courts
URCP Rule 66 (Rules of Civil Procedure)
URCP Rule 66 (Rules of Civil Procedure)
Rule 66. Receivers.
(a) Grounds for appointment. The court may appoint a receiver:
(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;
(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;
(3) when a writ of execution has been returned unsatisfied or when the judgment debtor refuses to apply property in satisfaction of the judgment;
(4) when a corporation has been dissolved, is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights; or
(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 must 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, transfer, or pledge of personal property. Before the receiver may sell, transfer, or pledge personal property, the receiver must pay applicable taxes and must file receipts showing payment of taxes. If there are insufficient assets to pay the taxes, the court may authorize the sale, transfer, or pledge of personal property with the proceeds to be used to pay taxes. Within 14 days after payment, the receiver must file receipts showing payment of taxes.
(g) Real property. Before a receiver is vested with real property, the receiver must record a certified copy of the appointment order in the office of the county recorder of the county in which the real property is located.
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