The pendency of any action at law or suit in equity brought merely to obtain a declaration of rights or a determination of a question of construction shall not be sufficient grounds for the granting of any injunction.
§ 8.01-189.Injunction.
Chapter 3. Actions · Article 17. Declaratory Judgments · Last amended 1977 · Last verified July 16, 2026
In one sentenceThe mere fact that a lawsuit is pending to obtain a declaration of rights or resolve a question of construction is not, by itself, enough grounds for the court to grant an injunction.
Full Text of § 8.01-189
Plain-English Summary
Section 8.01-189 draws a boundary around what a declaratory judgment action can accomplish while it is still pending. The pendency of an action at law or a suit in equity brought only to obtain a declaration of rights, or a determination of a question of construction, is not sufficient grounds for granting any injunction.
The rule keeps declaratory relief from being used as a route to injunctive relief on its own. A party cannot point merely to having filed a declaratory judgment suit as the basis for freezing the other side’s conduct — an injunction still requires its own independent showing, separate from the fact that a declaratory action happens to be pending.
Frequently Asked Questions
Does filing a declaratory judgment action automatically support an injunction?
No, its mere pendency is not sufficient grounds for an injunction.
What kind of declaratory action does Section 8.01-189 address?
One brought merely to obtain a declaration of rights or a determination of a question of construction.
Does this section forbid injunctions in cases connected to declaratory judgment actions altogether?
No, it states only that the pendency of such an action, standing alone, is not sufficient grounds for an injunction.
Why would Virginia limit injunctions tied to declaratory actions this way?
To prevent a declaratory suit from becoming an easy path to injunctive relief without an independent basis for it.
Does this section apply to actions at law as well as suits in equity?
Yes, it covers both.
Amendment History
Code 1950, § 8-583; 1977, c. 617.
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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