§ 9-5-9.Second injunction in court’s discretion
Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-5-9
Plain-English Summary
Sometimes one injunction is not the end of the story — circumstances change, or an earlier request was denied, and a party comes back asking again. This section confirms that a second injunction is not automatically off the table.
It is a short rule, and it does not create special conditions for a second request beyond what already governs injunctions generally. The judge decides, using the same sound discretion described elsewhere in this chapter, weighing whether the case remains clear and urgent enough to justify the relief.
What the section does not do is guarantee success on a renewed application. A prior denial does not bar a second try, but it does not create any presumption in the requesting party’s favor either — the second injunction stands or falls on its own merits, in the judge’s discretion.
Frequently Asked Questions
Can a party seek a second injunction after an earlier request in the same matter?
Yes. The section states that a second injunction may be granted in the discretion of the judge.
Who decides whether to grant a second injunction?
The judge, exercising discretion, just as with the decision to grant an injunction in the first place.
Does this section guarantee that a second injunction will be granted?
No. It states only that a second injunction “may be granted,” leaving the outcome to the judge’s discretion.
Does this section set out different standards for a second injunction than for a first one?
No. The text does not list separate criteria; it confirms only that a second injunction is available at the judge’s discretion.
Does the statute limit how many times a party may seek an injunction?
The section does not state any numerical limit; it addresses only a “second injunction” without excluding further requests.
Amendment History
Laws 1842, Cobb’s 1851 Digest, p. 528.; Code 1863, § 3144; Code 1868, § 3156; Code 1873, § 3223; Code 1882, § 3223; Civil Code 1895, § 4921; Civil Code 1910, § 5498; Civil Code 1933, § 55-109.