§ 25-14-201 — Appointment Of Receiver -- Notice

25-14-201 . Appointment of receiver -- notice. At any time after making an order requiring the judgment debtor or any other person to attend and be examined, as prescribed in parts 1 and 2 of this chapter, the judge may make an order appointing a receiver of the property of the judgment debtor. At least 2 days' notice of the application for the order appointing a receiver must be given personally to the judgment debtor unless the judge is satisfied that the judgment debtor cannot, with reasonable diligence, be found within the state, in which case the order must recite that fact and may dispense with notice or direct notice to be given in any manner that the judge thinks proper. However, when the order to attend and be examined has been served upon the judgment debtor, a receiver may be appointed upon the return day of the service or at the close of the examination without further notice to the judgment debtor.

Legislative History

En. Sec. 1269, C. Civ. Proc. 1895; re-en. Sec. 6857, Rev. C. 1907; re-en. Sec. 9463, R.C.M. 1921; re-en. Sec. 9463, R.C.M. 1935; R.C.M. 1947, 93-5910; amd. Sec. 474, Ch. 56, L. 2009.