When an order of sale has been made and the sale has failed to take place for any cause, the court shall renew the order of sale. The clerk shall deliver a certified copy of such order to the sheriff or commissioner who shall give notice and sell the land.
Rule 96.22.Order of Sale Shall be Renewed--When.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 96.22 requires the court to renew the order of sale if a previously ordered sale failed to take place for any reason, and directs the clerk to send a certified copy to the sheriff or commissioner who will then give notice and sell the land.
Full Text of Rule 96.22
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 96.38.
Plain-English Summary
Rule 96.22 handles the situation where a partition sale was properly ordered but, for whatever reason, never happened. Sales can fail for many reasons — a lack of qualifying bidders, a procedural defect, or circumstances beyond anyone's control — and the rule does not require the parties to start the entire case over when that occurs.
Instead, once the court learns the sale did not take place, it must renew the order of sale. This obligation is framed as mandatory: the rule says the court shall renew the order, not that it may consider doing so, reflecting the reality that a failed sale still leaves the underlying need for partition unresolved.
After the court renews the order, the clerk delivers a certified copy to the sheriff or commissioner, who then repeats the process: giving notice under Rule 96.21 and selling the land under the sale procedures the rest of the chapter provides. This keeps a stalled case moving forward using the same basic machinery already established, instead of requiring an entirely new proceeding.
Frequently Asked Questions
What happens if a partition sale that was ordered does not take place?
The court shall renew the order of sale.
Is renewing the order mandatory or discretionary?
The rule states the court shall renew the order, making it a mandatory step once a sale has failed.
What does the clerk do after the court renews the order?
The clerk delivers a certified copy of the renewed order to the sheriff or commissioner.
What does the sheriff or commissioner do with the renewed order?
They give notice and sell the land, following the same notice and sale procedures used for the original order.
Does a failed sale require starting a new partition case?
No, the rule allows the existing case to continue through a renewed order of sale instead of requiring a new proceeding.
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
Also known as: renewed order of sale partitionfailed partition sale next stepssale did not take place partitionreordering partition sale