If the injunction be granted without notice, the defendant, at any time before the trial, may apply, upon notice, to the court in which the action is brought, or any judge thereof, to vacate or modify the same. The application may be made upon the petition and affidavits upon which the injunction is granted, or upon affidavits on the part of the party enjoined, with or without answer. The order of the judge, allowing, dissolving or modifying an injunction, shall be returned to the office of the clerk of the court in which the action is brought, and recorded and obeyed, as if made by the court.
§ 1394.Application to Vacate Or Modify Injunction - Return and Record of Orders of Judge
Chapter 24: Injunction · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1394 lets a defendant enjoined without notice apply, any time before trial and upon notice, to vacate or modify the injunction, based on the original petition and affidavits or the defendant's own affidavits, and requires the judge's order to be recorded and obeyed as if the court made it.
Full Text of § 1394
Amendment History
R.L. 1910, § 4878a.
Plain-English Summary
If an injunction was granted without notice, the enjoined defendant gets a chance to challenge it later. Any time before trial, the defendant can apply, upon notice, to the court in which the action is pending, or to any judge of that court, to vacate or modify the injunction. That application can rest on the same petition and affidavits that got the injunction granted, or on the defendant's own affidavits, with or without an answer on file.
Whatever the judge decides -- to allow, dissolve, or modify the injunction -- gets returned to the clerk's office, recorded, and obeyed exactly as if the court itself, not just the judge, had made the order.
Frequently Asked Questions
Can a defendant challenge an injunction granted without notice?
Yes. Any time before trial, on notice, the defendant may apply to the court or a judge of it to vacate or modify the injunction.
What can the defendant base that application on?
The petition and affidavits used to obtain the injunction, or affidavits from the defendant, with or without an answer.
What happens to the judge's decision on the application?
It's returned to the clerk's office, recorded, and obeyed as if the court itself had made it.
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: motion to vacate injunction oklahomamodify injunction without notice oklahoma12 O.S. § 1394challenge injunction granted without notice oklahoma