The provisions of this Rule 92 do not limit any power of an appellate court or of a judge thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.
Rule 92.04.Power of Appellate Court Not Limited.
Part III · Rule 92: Injunctions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 92.04 clarifies that nothing in Rule 92 restricts an appellate court's own authority to stay proceedings, adjust an injunction, or issue any order needed to preserve the status quo while an appeal is pending.
Full Text of Rule 92.04
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is the same as Fed.R.Civ.P. 62(g).
Plain-English Summary
Rule 92.04 is a savings clause. Rule 92.01 through Rule 92.03 describe how a trial court handles injunctions, including what it may do once a case is on appeal under Rule 92.03. Rule 92.04 makes sure none of that language is read to cut back on the separate authority an appellate court, or a judge of that court, already has.
Under this rule, an appellate court can stay proceedings, suspend, modify, restore, or grant an injunction, or enter any order needed to hold things steady until a judgment is entered, regardless of what the trial court has already done. In practice, a party is not stuck choosing only the trial court's path under Rule 92.03; the appellate court's own power to protect the status quo remains available.
Frequently Asked Questions
What does Rule 92.04 add on top of Rule 92.03?
It confirms that the trial court's authority under Rule 92.03 to act on an injunction during an appeal does not limit the appellate court's own separate power to do the same.
Can a party ask the court of appeals directly to preserve an injunction while an appeal is pending?
Yes. Rule 92.04 preserves the appellate court's authority to stay proceedings or adjust an injunction, independent of any action the trial court takes.
Does Rule 92.04 create new powers for the appellate court?
No. It clarifies that the appellate court's existing powers are not narrowed by the rest of Rule 92.
Why would the drafters need a rule like this?
Without it, a party might argue that Rule 92.03's grant of authority to the trial court somehow limited what the appellate court could do. Rule 92.04 forecloses that argument.
Does Rule 92.04 apply only to injunctions?
No. It also covers the appellate court's power to stay proceedings generally and to enter any order appropriate to preserve the status quo or the effectiveness of a later judgment.
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: appellate court injunction powerstay pending appeal Missouripreserve status quo appealcourt of appeals injunction authority