RULE 59

RECEIVERSHIP
 
Who is a Receiver?
- person appointed by the court in behalf of all the parties  to an action for the
purpose of preserving the property involved in the suit and to protect the rights of
all the parties under the direction of the court.
- as a rule, a party to the case nor the clerk of court should not be appointed.
 
Note: no action maybe filed against the receiver without leave of court.
 
Note: Ex parte appointment of a receiver is no longer authorized, a hearing must
be conducted for that purpose.
 
What Are The Requirements?
1. Affidavit – that the applicant has interest in the property that is the subject
of the litigation and there is an inevitable damage to it thus, the court must
appoint a receiver.
2. Bond – in the amount fixed by the court, to cover all the damages by
reason of the appointment of a receiver. The court may require additional 
bond as further security.
 
 

RULE 60

REPLEVIN
 
What Is Its Purpose?
- to recover the possession of personal property.
 
What Are The Requirements?
1. Affidavit – must allege that the applicant is the owner or entitled to
possess the property, the description of the property, the actual ‘market’
value of the property, and the person and why he withheld the property
from the applicant.
2. Bond – the amount to be posted must double the  value of the property as
stated in the affidavit.