RI · rules
R.I. Super. Ct. R. Civ. P. 66
Receivers
(a) Number of Receivers. Ordinarily but one (1) receiver shall
be appointed upon application for the appointment of a receiver, and, unless special
exigencies shall appear, such receiver shall be a resident of this state.
(b) Appointment of Temporary Receiver. A temporary receiver shall not be
appointed ex parte except upon a showing in writing by the applicant under oath,
accompanied by the certificate of the applicant's attorney, satisfactory to the court,
that the application is made in good faith for the protection of the business property
or assets affected by such appointment; that facts be set forth justifying the
appointment of a receiver and the appointment of a temporary receiver is desirable
to protect the status quo pending final hearing for the appointment of a receiver.
Before acting upon an application for the appointment of a temporary receiver the
court may call in for consultation, so far as practicable, all the interested parties or
their attorneys, or the court may in its discretion set down the matter of the
appointment of a temporary receiver at as early a date as is practicable, with such
notice as the court may order.
If an application for the ex parte appointment of a temporary receiver is made to
and denied by one (1) judicial officer of the court such application shall not be again
made to any other judicial officer unless there is a material change in circumstances.
The judicial officer to whom such application was originally presented shall note the
judicial officer's action in the case file containing such application.
(c) Counsel to Receiver. A receiver may employ such counsel as may be
approved by the court upon written application by receiver after such notice as the
court may in its discretion require; provided, however, that except for cause shown
the court will not approve the employment:
(1) Of counsel by a receiver when the receiver is a member of the Rhode Island
bar; or
(2) Of more than one (1) attorney or firm as counsel even though there be more
than one (1) receiver.
(d) Form of Decree. The decree appointing a permanent receiver shall include,
among other matters, orders with respect to the operation of the business by the
receiver if such operation is sought, and shall definitely fix:
(1) The time for filing of an inventory by the receiver;
(2) The time for filing of statements of assets and financial condition of the
receivership;
(3) The time for filing of reports respecting creditors, debtors, and claimants; and
(4) The time within which creditors and claimants shall file their claims.
The court may in its discretion require that a decree appointing a temporary
receiver shall include the matters provided for in this rule, and in every case
where a temporary receivership shall have continued for a period of more than
thirty (30) days a decree shall be entered in accordance with the provisions of this
rule.
(e) Reports of Condition. Reports shall be filed in court by the receiver, unless
otherwise ordered, every thirty (30) days, setting forth the financial condition of the
receivership and, in case the receiver is operating the business, the receiver's
recommendations as to its further continuance, and, if the receiver is not operating
the business, the receiver's recommendations as to the disposition of the assets. The
court may, upon application duly made, order that these reports be sealed and be
opened and subject to inspection only upon application to the court.
(f) Filing of Claims; Reports Thereon. Each creditor or claimant shall, before
a day certain to be fixed by the court in each case, in the decree appointing the
receiver, file with the receiver a statement of the creditor's or claimant's claim, which
statement shall set out the address, the nature and amount of such claim and of any
security or lien held by the creditor or claimant to which the creditor or claimant is
or claims to be entitled and also any claim to preference or priority in payment to
any other creditor or claimant.
The receiver shall file a report recommending the allowance or disallowance, in
whole or in part, of all claims filed with the receiver within a reasonable time after
the period fixed by the court for filing claims shall have expired and a suitable order
shall be included in the decree appointing a receiver requiring such a report. Upon
filing such report the receiver shall give due notice of such filing and of the hearing
assigned or such other notice as may be ordered, to each creditor and other party in
interest and shall include in such notice to any creditor a statement as to the
disposition recommended by said report of the claim of such creditor.
(g) Failure to Report; Notification of Court. It shall be the duty of the clerk to
inform the court of the failure of a temporary receiver or receivers to file such reports
as may from time to time be called for by the court either under a rule of court or in
the original order or decree of appointment or in any subsequent order or decree.
Such failure to so report shall be a matter for investigation and for appropriate action
by the court acting upon its own initiative, whether or not complaint is made by any
party in interest.
(h) Continuance of Business. The court will order the continuance of the
business of a corporation or partnership for which a receiver is appointed only when
the complaint or petition contains a prayer to this effect or upon an application in
writing by any party in interest and upon cause being shown. Notice to all interested
parties of the pendency of a complaint or petition for receivership shall set forth that
a continuance of the business is sought in the proceedings.
(i) Allowance of Fees. Allowances of fees to a receiver and the receiver's
counsel, either on account or in full, shall only be made on hearing after such notice
as the court shall order. Failure to comply with any order of the court may, unless
explained to the satisfaction of the court, be a ground for refusing compensation to
such receiver and the receiver's attorney entirely or for diminishing the amount of
such allowances.
(j) Dismissal of Receivership Action. An action in which a receiver has been
appointed shall not be dismissed except by order of the court.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
5e4dcb64bc122c9837fbc1ccedf3d3dfa1dcd6bc83912a99903af4601e9d2b51
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