When an appeal is taken from a judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.
Rule 92.03.Injunction Pending Appeal.
Part III · Rule 92: Injunctions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 92.03 lets a court use its discretion, once a judgment granting, dissolving, or denying an injunction is appealed, to suspend, modify, restore, or grant an injunction while the appeal is pending, on whatever bond or other terms protect the opposing party.
Full Text of Rule 92.03
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
The source is the first sentence of Fed.R.Civ.P. 62(c).
Plain-English Summary
An appeal can take a long time, and injunctive relief often loses its value if it disappears the moment a notice of appeal is filed. Rule 92.03 addresses that gap. When a judgment granting, dissolving, or denying an injunction is appealed, the trial court keeps discretion to suspend, modify, restore, or even grant an injunction while the appeal plays out.
That discretion is not unconditional. The court can set whatever terms it considers proper to protect the other party's rights, including requiring a bond, similar to the security requirement in Rule 92.02(d). The rule works alongside Rule 92.04, which makes clear that this authority in the trial court does not shrink the appellate court's own independent power to act on the injunction during the appeal.
Frequently Asked Questions
What does Rule 92.03 let a trial court do after an injunction ruling is appealed?
It lets the court suspend, modify, restore, or grant an injunction while the appeal is pending, using its discretion and setting whatever terms, including a bond, it thinks proper to protect the other side.
Does the trial court lose authority over an injunction once an appeal is filed?
No. Rule 92.03 preserves the trial court's discretion to act on the injunction during the pendency of the appeal.
Can the court require a bond when it changes an injunction during an appeal?
Yes. The rule allows the court to set terms as to bond or otherwise for the security of the adverse party's rights.
Does Rule 92.03 apply to a judgment that denied an injunction, not just one that granted it?
Yes. The rule covers appeals from a judgment granting, dissolving, or denying an injunction, not only appeals from orders granting one.
Is this the only rule that addresses injunctions during an appeal?
No. Rule 92.04 works alongside it, confirming that the appellate court retains its own separate power to act on the injunction while the appeal is pending.
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: injunction pending appeal Missouristay injunction appealmodify injunction on appealinjunction bond on appeal