Rule 66.Receivers

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 66 lets a Colorado court appoint a receiver to take custody of disputed property before or after judgment when that property is at risk of being lost, moved out of reach, or damaged, and it sets the receiver's bond and reporting duties.

Full Text of Rule 66

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

(a) When Appointed. A receiver may be appointed by the court in which the action is pending at any time:

(1) Before judgment, provisionally, on application of either party, when he establishes a prima facie right to the property, or to an interest therein, which is the subject of the action and is in possession of an adverse party and such property, or its rents, issues, and profits are in danger of being lost, removed beyond the jurisdiction of the court, or materially injured or impaired; or

(2) By or after judgment, to dispose of the property according to the judgment, or to preserve it during appellate proceedings; or

(3) In other cases where proper and in accordance with the established principles of equity.

(b) Oath and Bond; Suit on Bond. Before entering upon his duties, the receiver shall be sworn to perform them faithfully, and shall execute, with one or more sureties, an undertaking with the people of the state of Colorado, in such sum as the court shall direct, to the effect that he will faithfully discharge his duties and will pay over and account for all money and property which may come into his hands as the court may direct, and will obey the orders of the court therein. The undertaking, with the sureties, must be approved by the court, or by the clerk thereof when so ordered by the court, and may be sued upon in the name of the people of the state of Colorado, at the instance and for the use of any party injured.

(c) Dismissal of Receivership Action. An action in which a receiver has been appointed shall not be dismissed except by order of the court.

(d) Sole Claim for Relief; Service of Process; Notice.

(1) The appointment of a receiver may be the sole claim for relief in an action. The action shall be commenced by filing a complaint, or by service of a summons and a complaint, as provided in C.R.C.P. 3(a).

(2) If the receivership is requested in connection with a mortgage, trust deed or other lien on real property, the current owner of the property, as shown by the records of the clerk and recorder, and any other person then collecting the rents and profits as a result of that person's lien on the rents or profits, shall be named as defendants.

(3) If a receiver is appointed by the court ex parte, copies of the summons, complaint, and order appointing the receiver shall be served on the defendants without delay, as provided in C.R.C.P. 4 or as directed by the court. The court, in its order for appointment of the receiver, shall direct the receiver to provide written notice of the action to any persons in possession of the property or otherwise affected by the order.

End

Amendment History

Amended effective January 1, 1987; September 12, 1991.

Plain-English Summary

A receiver is a neutral custodian the court installs to hold and manage property while a case is pending, so that the property does not disappear, get moved out of the court's reach, or lose value before the dispute is resolved. Rule 66 lets a court appoint one before judgment if a party shows a preliminary right to property held by the opposing side and shows that property is in danger, after judgment to carry out or protect what the judgment awards, or in any other case where equity supports it.

Before taking on the role, a receiver must swear to perform the job faithfully and post a bond running to the People of the State of Colorado, not to either party, since the receiver answers to the court rather than to either side. Once a receiver is appointed, the case cannot be dismissed without a court order, which keeps someone from walking away while property remains in the receiver's hands.

Rule 66 also lets a party seek a receiver as the entire point of a lawsuit, not just as backup relief in a larger case. When the request involves a mortgage, deed of trust, or other lien on real property, the rule requires naming the current owner and anyone collecting rent under that lien as defendants, and if the receiver is appointed without advance notice, the order and case papers must be served on the defendants right away and the receiver must notify anyone in possession of the property.

Frequently Asked Questions

When can a Colorado court appoint a receiver before a case is decided?

Rule 66(a)(1) allows a provisional, pre-judgment receiver when the applicant shows a preliminary right to property held by the other party and shows that the property, or its rents and profits, is in danger of being lost, moved beyond the court's reach, or damaged.

Who does a receiver's bond protect?

The bond runs to the People of the State of Colorado rather than to either party, because a receiver is an officer of the court, not an agent of the plaintiff or defendant. Anyone injured by the receiver's default can sue on the bond.

Can appointing a receiver be the only thing a lawsuit asks for?

Yes. Rule 66(d) allows a case whose sole claim for relief is the appointment of a receiver, started by filing a complaint or serving a summons and complaint.

Can a case with a receiver be dismissed by agreement of the parties?

No. Rule 66(c) requires a court order to dismiss any action once a receiver has been appointed, since property remains under the receiver's control until the court says otherwise.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 66). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source

Also known as: colorado receiver appointment ruleappointing a receiver in colorado courtreceiver bond requirements coloradocolorado rule 66 receiverspre-judgment receivership coloradoreceiver for mortgage foreclosure colorado