Section 44-8-5 - Application for appointment of a receiver. - New Mexico Statutes

44-8-5. Application for appointment of a receiver.

A.     An applicant may apply to the district court for the appointment of a receiver by motion in an action already pending or by a separate petition or complaint.   

B.     An application for the appointment of a receiver shall be verified and shall contain:   

(1)     a description of the receivership estate, including the estimated gross monthly income if known, for which the applicant seeks a receiver;   

(2)     the location of the receivership estate;   

(3)     a description of the applicant's interest in the receivership estate;   

(4)     a statement showing that venue in the district court is proper;   

(5)     a statement of the grounds for the appointment of a receiver; and   

(6)     a nomination of the proposed receiver.   

C.     An ex parte hearing to appoint a receiver may be held without written or oral notice to the adverse party or his attorney only if:   

(1)     it clearly appears from specific facts shown by affidavit or by the verified application that immediate and irreparable injury, loss or damage will result to the applicant or others before the adverse party's attorney can be heard in opposition; and   

(2)     the applicant's attorney certifies to the court in writing the efforts, if any, that have been made to give the notice and the reasons supporting the attorney's claim that notice should not be required.   

D.     Every application, proceeding and order for appointment of a receiver granted without notice shall comply with the Rules of Civil Procedure for the District Courts of New Mexico pertaining to temporary restraining orders and appointment of receivers ex parte.