The words “in vacation” in any statute or rule, and any requirement concerning the right, duty or authority of the judge, clerk, sheriff or other officers in vacation or upon adjournment, shall be construed to apply to all days on which the judge does not actually convene court. Unless otherwise required by statute a judicial sale may be held whether or not the judge actually convenes court on the day thereof.
Rule 48.01.Vacation--Construction--Judicial Sales, When Held.
Part I · Rule 48: Vacation and Judicial Sales · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThis rule clarifies that references to “in vacation” apply to any day a judge does not convene court, and confirms that a judicial sale may go forward whether or not court is convened that day, unless a statute says otherwise.
Full Text of Rule 48.01
Plain-English Summary
Rule 48.01 addresses an older style of language that shows up in statutes and rules: references to acts done “in vacation,” meaning outside a formal court term. The rule construes “in vacation,” and any requirement touching the rights, duties, or authority of a judge, clerk, sheriff, or other officer in vacation or upon adjournment, to apply to every day on which the judge does not convene court. In other words, it does not matter whether the calendar labels a day as being within a term or outside one; what matters is whether the judge holds court that day.
The rule then applies that same logic to judicial sales: unless a statute requires otherwise, a judicial sale may be held whether or not the judge convenes court on the day the sale takes place.
Frequently Asked Questions
What does “in vacation” mean in an old Missouri statute or rule?
Rule 48.01 construes that phrase, along with related language about duties or authority in vacation or upon adjournment, to mean any day the judge does not convene court.
Does a judicial sale have to happen on a day the judge is holding court?
No, unless a statute specifically requires it. The rule states a judicial sale may be held whether or not the judge convenes court that day.
Does this rule apply only to judges, or also to clerks and sheriffs?
It applies to the judge, clerk, sheriff, or other officer whenever a statute or rule ties their rights, duties, or authority to being “in vacation” or upon adjournment.
Why does Missouri still have a rule about court “terms” and “vacation”?
Older statutes and rules use that terminology, and Rule 48.01 gives it a clear, practical meaning tied to whether court is convened, instead of leaving it open to dispute.
Could a statute override the judicial-sale part of this rule?
Yes. The rule’s judicial-sale provision applies unless otherwise required by statute.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
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