If the notice of appeal has not been filed, a bond may be filed with the permission of the trial court. After the notice of appeal is filed, the application to file a bond may be made only in the appellate court. The appellate court may in its discretion decline to grant the application, issue a stay upon such terms with respect to a supersedeas bond as may be appropriate, or remand to the trial court for a determination in accordance with Rule 81.09. The bond or other security shall be filed in the trial court and the sureties therein shall be subject to the jurisdiction of the trial and appellate court.
Rule 81.10.When and Where Bond May Be Filed.
Part I · Rule 81: Appeals · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 81.10 tells a party where to seek permission to file a supersedeas bond — the trial court before the notice of appeal is filed, and only the appellate court afterward — and lets the appellate court decide, deny, or send the question back to the trial court.
Full Text of Rule 81.10
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended June 1, 1993, eff. Jan. 1, 1994.
Plain-English Summary
Rule 81.10 sets the timing and venue for getting a supersedeas bond on file. Before a notice of appeal is filed, a party can seek the trial court's permission to file the bond. Once the notice of appeal is on file, that door closes, and the application to file a bond can only be made in the appellate court. The appellate court can decline the application, grant a stay on whatever bond terms it sets, or remand the question to the trial court for a decision under Rule 81.09.
Regardless of which court authorizes it, the bond or other security is filed in the trial court, and the sureties who back it answer to the jurisdiction of both the trial court and the appellate court.
Frequently Asked Questions
Where do I ask to file a supersedeas bond before I've appealed?
In the trial court, which may permit the bond before the notice of appeal is filed.
What if I've already filed my notice of appeal?
The application to file a bond can then only be made in the appellate court.
Can the appellate court send my bond request back to the trial court?
Yes. It may remand the question to the trial court for a determination under Rule 81.09.
Where does the actual bond get filed?
In the trial court, regardless of which court authorized it.
Are the sureties bound by both courts?
Yes. Sureties on the bond are subject to the jurisdiction of both the trial and the appellate court.
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: where to file appeal bondbond after notice of appealsupersedeas bond venuetrial court permission for bond