Rule 3.1176.Confirmation of ex parte appointment of receiver

Division 11. Law and Motion · Chapter 3. Provisional and Injunctive Relief · Article 5. Receiverships · Last amended 2007 · Last verified July 29, 2026

In one sentenceRule 3.1176 requires a court that appointed a receiver without notice to set an order to show cause hearing within 15 days, or 22 with good cause, and requires the applicant to promptly serve the adverse parties, with discharge of the receiver as the penalty for failing to proceed or serve.

Full Text of Rule 3.1176

Text sizeJump to: (a) (b) (c) (d)

(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.)

(d) Continuance 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.)

End

Plain-English Summary

Once a court appoints a receiver without notifying the other side, that appointment is not the end of the story — it has to be tested. This rule requires the court to schedule an order to show cause hearing where the adverse parties can argue against keeping the receiver in place, and it sets a tight clock: the hearing has to happen as soon as the court's calendar allows, and no later than 15 days out (22 days if the court finds good cause for more time).

The party who obtained the appointment carries the burden of moving things along. That party has to serve the adverse parties with the complaint, the order to show cause itself, the supporting declarations, and a memorandum, generally within 5 days of when the order to show cause issues. If that party shows up unprepared, or never got the paperwork served, the court can pull the plug and discharge the receiver outright.

The adverse parties are not without recourse if they need more time to prepare their opposition — they get one continuance as of right, and the order to show cause, and the receivership along with it, stays in effect until the rescheduled date.

Frequently Asked Questions

How soon must the confirmation hearing be held?

As soon as the court's calendar allows, no later than 15 days after the ex parte order, or 22 days if the court finds good cause for the extra time.

What must the applicant serve on the other parties?

A copy of the complaint (if not already served), the order to show cause, the supporting declarations, and a memorandum, generally within 5 days of when the order to show cause is issued.

What happens if the applicant is not ready or never served the other side?

The court can discharge the receiver.

Can the adverse parties delay the confirmation hearing?

Yes, they are entitled to one continuance, and the order to show cause stays in effect until the continued hearing date.

Amendment History

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.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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