Rule 3.1176. Confirmation of ex parte appointment of receiver
(a) Order to show cause
Whenever a receiver is appointed without notice, the matter must be made returnable upon an order to show cause why the appointment should not be confirmed. The order to show cause must be made returnable on the earliest date that the business of the court will admit, but not later than 15 days or, if good cause appears to the court, 22 days from the date the order is issued.
(Subd (a) amended effective January 1, 2002.)
(b) Service of complaint, order to show cause, declarations, and memorandum
The applicant must serve on each of the adverse parties:
(1)A copy of the complaint if not previously served;
(2)The order to show cause stating the date, time, and place of the hearing;
(3)Any declarations supporting the application; and
(4)A memorandum supporting the application.
Service must be made as soon as reasonably practical, but no later than 5 days after the date on which the order to show cause is issued, unless the court orders another time for service.
(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2002.)
(c) Failure to proceed or serve adverse party
When the matter first comes on for hearing, the party that obtained the appointment must be ready to proceed. If that party is not ready to proceed or has failed to exercise diligence to effect service upon the adverse parties as provided in (b), the court may discharge the receiver.
(Subd (c) amended effective January 1, 2007; previously amended effective January 1, 2002.)
The adverse parties are entitled to one continuance to enable them to oppose the confirmation. If a continuance is granted under this subdivision, the order to show cause remains in effect until the date of the continued hearing.
(Subd (d) amended effective January 1, 2002.)
Rule 3.1176 amended and renumbered effective January 1, 2007; adopted as rule 351 effective January 1, 1984; previously amended and renumbered as rule 1901 effective January 1, 2002.