AL · rules
Ala. R. Civ. P. 66
Receivers
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 §§ 6-6-620 through 6-6-628, Code of Alabama 1975, and with the practice
heretofore followed in the courts of this state or as provided in rules promulgated
by the Supreme Court of Alabama. 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.
(dc) District court rule. Rule 66 does not apply in the district courts.
History
[Amended eff. 10-1-95.] Committee Comments on 1973 Adoption The rule is modeled on Federal Rule 66 and Minn.R.C.P. 66. The rule preserves existing Alabama practice with regard to “the administration of estates by receivers.” As to the existing practice, see Tilley, Alabama Equity Pleading and Practice, 348 et seq. (1954). The general meaning of the phrase “practice in the administration of estates” is discussed in Phelan v. Middle States Oil Corp., 210 F.2d 360, 363-364 (2d Cir.1954). In all other respects these rules govern actions involving receivers. Committee Comments to October 1, 1995, Amendment to Rule 66 The amendment replaced the citation to the Code of Alabama 1940 (Recomp. 1958) with a citation to the corresponding section of the Code of Alabama 1975. District Court Committee Comments To the extent that the appointment of a receiver is an action seeking equitable relief, the district court is deprived of jurisdiction pursuant to § 12- 1230(1), Code of Ala. Further, the informality of practice contemplated in the district court does not harmonize with the rather complicated practice that might ordinarily attend an action in which a receivership is necessary.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
3dafc1ac9a9b64267b68c91d6efb6497a7368969dc18a6e60ac1f27e95cc41a8
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.