No injunction shall be granted by a judge, after a motion therefor has been overruled on the merits of the application, by his court; and where it has been refused by the court in which the action is brought, or a judge thereof, it shall not be granted to the same applicant, by a court of inferior jurisdiction, or any judge thereof.
§ 1389.Injunction Not Granted Where Motion Overruled On Merits - Inferior Court Not to Grant
Chapter 24: Injunction · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1389 bars a judge from granting an injunction once that judge's court has overruled a motion for it on the merits, and bars an inferior court from granting the same injunction to the same applicant after the court where the action is pending has refused it.
Full Text of § 1389
Amendment History
R.L. 1910, § 4874.
Plain-English Summary
This section closes off two paths around an adverse ruling. First, once a judge's own court has overruled a motion for an injunction on the merits, that judge can't turn around and grant it anyway. Second, if the court where the action is pending -- or a judge of that court -- has refused the injunction, the same applicant can't go get it from a court of inferior jurisdiction instead.
Frequently Asked Questions
Can a judge grant an injunction after that judge's court already denied it on the merits?
No. Section 1389 bars the judge from granting it once the motion has been overruled on the merits by that judge's own court.
If the district court refuses my injunction, can I ask a lower court for the same relief?
No. The section bars a court of inferior jurisdiction, or any judge of it, from granting the same injunction to the same applicant.
Does this rule stop me from appealing a denied injunction?
No, the section addresses seeking the same injunction again from an inferior court or the same court after an overruled motion -- it doesn't speak to appellate review.
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
Also known as: injunction denied can I ask another court oklahoma12 O.S. § 1389motion for injunction overruled on merits oklahomainferior court injunction oklahoma