§ 32-10-02 — Who may be receiver - Undertaking by applicant

No party or person interested in an action can be appointed receiver therein without the
written consent of the opposing party filed with the clerk. If a receiver is appointed upon an ex
parte application, the court before making the order may require from the applicant an
undertaking with sufficient sureties in an amount to be fixed by the court, to the effect that the
applicant will pay to the defendant all damages the defendant may sustain by reason of the
appointment of such receiver and the entry by the receiver upon the receiver's duties, in case
the applicant shall have procured such appointment wrongfully, maliciously, or without sufficient
cause, and the court in its discretion at any time after said appointment may require an
additional undertaking.