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Rule 96.02.Service of Process.

Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026

In one sentenceRule 96.02 confirms that a partition lawsuit follows the ordinary service-of-process rules under Rule 54, so no special notice procedure is required just because the case involves dividing property.

Full Text of Rule 96.02

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In partition actions service of process may be made as provided by Rule 54.

Amendment History

Adopted June 5, 1980, eff. Jan. 1, 1981.

Official Comment

This is new.

Plain-English Summary

Rule 96.02 is short by design. It answers a question that could otherwise generate confusion in a chapter full of specialized procedures: how does a person get formally notified that they have been sued in a partition case? The answer is that partition actions use the same service rules that apply to civil cases generally, found in Rule 54.

This matters because partition suits often involve several defendants — co-owners, remaindermen, and sometimes people whose interests are contingent or not yet vested. Without this rule, a litigant might wonder whether some special notice scheme applies given the unusual mix of parties partition cases can involve. Rule 96.02 removes that doubt by folding partition into the standard framework for serving a summons and petition.

The practical effect is that anyone filing or defending a partition action can rely on familiar service methods — personal service, service on an agent, or the other options Rule 54 provides — instead of searching for a partition-specific alternative. Later provisions in this chapter, like Rule 96.16, do create their own notice procedures for other steps in the case, such as notifying parties that the commissioners’ report has been filed, but the initial step of bringing someone into the lawsuit runs through Rule 54.

Frequently Asked Questions

How is a defendant served with process in a Missouri partition case?

The same way as in other civil cases, following the service methods set out in Rule 54.

Is there a special service rule just for partition actions?

No. Rule 96.02 specifically directs parties to use Rule 54, instead of creating a separate scheme.

Does this rule cover notice of the commissioners' report too?

No. That later notice, after commissioners file their report, is handled separately under Rule 96.16.

Why would a chapter on partition need its own service provision at all?

Partition cases can involve unusual combinations of parties, including people with contingent or future interests, so the rule makes clear that ordinary service rules still govern.

Does Rule 96.02 change how a plaintiff files the initial petition?

No, it only addresses service of process on the parties being sued, not the contents of the petition itself.

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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