If application be made upon affidavits or other evidence on the part of the defendant, but not otherwise, the plaintiff may oppose the same, by affidavits or other evidence, in addition to that on which the injunction was granted.
§ 1395.Counter Affidavits Or Evidence
Chapter 24: Injunction · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1395 lets the plaintiff oppose, with additional affidavits or evidence, a defendant's application to vacate or modify an injunction, but only when that application itself rests on affidavits or other evidence rather than solely on the original record.
Full Text of § 1395
Amendment History
R.L. 1910, § 4879.
Plain-English Summary
This section balances out Section 1394's application to vacate or modify. If the defendant's application is made on affidavits or other evidence -- not otherwise -- the plaintiff gets to oppose it the same way, adding affidavits or other evidence to what originally supported the injunction.
Frequently Asked Questions
Can the plaintiff respond to a defendant's evidence on a motion to vacate the injunction?
Yes, but only if the defendant's application itself was made on affidavits or other evidence; the plaintiff may then oppose with additional affidavits or evidence.
What evidence can the plaintiff add?
Affidavits or other evidence, in addition to whatever supported the original grant of the injunction.
What if the defendant's application to vacate relied only on the original petition?
Then this section doesn't apply -- it lets the plaintiff add affidavits or evidence only when the defendant's application itself was made on affidavits or other evidence.
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: counter affidavits injunction oklahoma12 O.S. § 1395oppose motion to vacate injunction oklahoma