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§ 8.01-628.Equity of prayer for temporary injunction to be shown by affidavit or otherwise.

Chapter 24. Injunctions · Last amended 2015 · Last verified July 16, 2026

In one sentenceSection 8.01-628 bars a Virginia court from awarding a temporary injunction unless it is satisfied of the plaintiff's equity, and lets either side support or oppose the application with an affidavit or a verified pleading instead of live testimony.

Full Text of § 8.01-628

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No temporary injunction shall be awarded unless the court shall be satisfied of the plaintiff's equity. An application for a temporary injunction may be supported or opposed by an affidavit or verified pleading.

Plain-English Summary

Before a court will freeze the status quo with a temporary injunction, it has to believe the plaintiff’s underlying claim has merit — the statute calls this being satisfied of “the plaintiff’s equity.” That is a threshold about the strength of the case itself, not just a showing that harm is threatened.

The section then supplies the practical mechanism for meeting that threshold quickly: an application for a temporary injunction can be supported, or opposed, by an affidavit or a verified pleading. That option matters because emergency relief often cannot wait for a full evidentiary hearing with live witnesses — sworn paper lets the court act fast while still requiring something more than bare assertion.

This section supplies the merits gate a plaintiff has to clear before the court moves on to the mechanics found elsewhere in the chapter — fixing a duration under § 8.01-624, deciding whether notice is proper under § 8.01-629, and setting a bond under § 8.01-631.

Frequently Asked Questions

What must a court be satisfied of before awarding a temporary injunction?

The plaintiff’s equity — that is, that the plaintiff has a legitimate claim to the relief sought.

How can a party support an application for a temporary injunction?

By affidavit or by a verified pleading.

Can the opposing party contest the application the same way?

Yes — the statute allows an application to be supported or opposed by an affidavit or verified pleading.

Is a full evidentiary hearing with live witnesses required under this section?

No — the statute allows affidavits or verified pleadings as sufficient support for the application.

Does this section set a time limit on the injunction itself?

No — the duration of a temporary injunction is governed separately by § 8.01-624.

Amendment History

Code 1950, § 8-620; 1977, c. 617; 2015, c. 125.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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