Rule 96.19.Order of Sale.

Rule 96.19 governs the content and delivery of the order authorizing a partition sale, once the court has decided a sale is necessary under provisions like Rule 96.11 or Rule 96.18. The order must prescribe the terms of the sale, the place where it will occur, and who will conduct it — typically the sheriff or a court-appointed commissioner.

Notably, the rule specifically directs that the order not specify the date of sale. That detail gets worked out separately, tied to the notice-of-sale requirements in Rule 96.21, which set a thirty-day advance notice period. Leaving the date out of the order itself gives flexibility in scheduling while the advertising and notice process runs its course.

Once the court signs the order, the clerk delivers a certified copy to the sheriff or commissioner responsible for conducting the sale. That officer then takes on the practical work of advertising and selling the land, following the additional procedures the rest of this chapter lays out for where the sale must be held and how notice must be given.