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§ 1383.When and By Whom Injunction Granted - Affidavit Showing Right to

Chapter 24: Injunction · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1383 allows a temporary injunction to be granted at the start of an action or any time before judgment, by the district court or judge, or by the county judge if the district judge is absent or disqualified, once the plaintiff's affidavit shows entitlement.

Full Text of § 1383

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The injunction may be granted at the time of commencing the action, or any time afterwards, before judgment by the district court, or the judge thereof, or, in his absence from the county or disqualification, by the county judge, upon its appearing satisfactorily to the court or judge, by the affidavit of the plaintiff or his agent, that the plaintiff is entitled thereto.

Amendment History

R.L. 1910, § 4868.

Plain-English Summary

Timing and authority are the two things this section pins down. A temporary injunction can be sought the moment the action begins, or at any point afterward, right up until judgment -- there's no separate deadline. Ordinarily the district court or its judge decides the request, but the section adds a backup: if that judge is out of the county or disqualified, the county judge can grant it instead.

Whoever hears the request needs proof, not just an assertion. The plaintiff or the plaintiff's agent must submit an affidavit that satisfies the court the plaintiff is entitled to the injunction.

Frequently Asked Questions

How early can I ask for a temporary injunction in an Oklahoma case?

As early as when you file the action, or at any time afterward, up until judgment.

Who decides whether to grant a temporary injunction?

Ordinarily the district court or the district judge; if that judge is absent from the county or disqualified, the county judge may grant it.

What proof does the court need before granting a temporary injunction?

An affidavit from the plaintiff or the plaintiff's agent that satisfies the court the plaintiff is entitled to the injunction.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
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