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§ 1392.Plaintiff to Give Bond - Amount - Attorney's Fees

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

In one sentenceSection 1392 requires the party obtaining an injunction, unless a special statute says otherwise, to post an undertaking with sufficient surety approved by the clerk, in an amount the court fixes, to cover the enjoined party's damages, including attorney's fees, if the injunction was wrongly granted.

Full Text of § 1392

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Unless otherwise provided by special statute, no injunction shall operate until the party obtaining the same shall give an undertaking, with sufficient surety, to be approved by the clerk of the court granting such injunction, in an amount to be fixed by the court or judge allowing the same, to secure the party injured the damages he may sustain, including reasonable attorney's fees, if it be finally decided that the injunction ought not to have been granted.

Amendment History

R.L. 1910, § 4877.

Plain-English Summary

An injunction doesn't take effect on its own -- it needs security behind it. Unless a special statute provides otherwise, the party who obtains the injunction must give an undertaking, backed by sufficient surety and approved by the clerk, in whatever amount the court or judge sets. That undertaking exists to protect the other side: if it's finally decided the injunction should never have been granted, the security covers the damages the injured party sustained, including reasonable attorney's fees.

Frequently Asked Questions

Do I have to post a bond to get an injunction in Oklahoma?

Yes, unless a special statute says otherwise -- the party obtaining the injunction must give an undertaking with sufficient surety, approved by the clerk.

Who decides how much the injunction bond should be?

The court or judge allowing the injunction fixes the amount.

What does the injunction bond cover?

The damages the enjoined party sustains, including reasonable attorney's fees, if it's finally decided the injunction shouldn't have been granted.

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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