Okla. Stat. tit. 12, § 12-1384.1
This is the official text of Okla. Stat. tit. 12, § 12-1384.1, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Temporary injunction - Temporary restraining order -
Official statutory text
Notice - Granting without notice.
A. No temporary injunction shall be issued without notice to
the adverse party.
B. A temporary restraining order may be granted without written
or oral notice to the adverse party or the attorney for the adverse
party only if:
1. It clearly appears from specific facts shown by affidavit or
by the verified petition that immediate and irreparable injury,
loss, or damage will result to the applicant before the adverse
party or the attorney for the adverse party can be heard in
opposition; or
2. The attorney for the applicant certifies to the court in
writing the efforts, if any, which have been made to give the notice
and the reasons supporting the claim that notice should not be
Oklahoma Statutes - Title 12. Civil Procedure Page 277
required; and the court determines that the efforts of the applicant
to give notice, if any, were reasonable under the circumstances.
C. Every temporary restraining order granted without notice:
1. Shall be endorsed with the date and hour of issuance;
2. Shall be filed in the office of the court clerk and entered
of record; and
3. Shall define the injury and state why it is irreparable and
why the order was granted without notice.
D. If a temporary restraining order is granted without notice,
the motion for a temporary injunction shall be set down for hearing
at the earliest possible time and takes precedence of all matters
except older matters of the same character. When the motion comes
on for hearing the party who obtained the temporary restraining
order shall proceed with the application for a temporary injunction
and, if the party does not do so, the court shall dissolve the
temporary restraining order. On two (2) days' notice to the party
who obtained the temporary restraining order without notice or on
such shorter notice to that party as the court may prescribe, the
adverse party may appear and move its dissolution, modification, or
require the posting of an undertaking, and in that event the court
shall proceed to hear and determine the motion as expeditiously as
the ends of justice require.
E. This section shall not apply to temporary restraining orders
in actions for a divorce, alimony without a divorce, separate
maintenance, an annulment, custody, or similar matters, guardianship
or juvenile proceedings, or to proceedings brought pursuant to
special statutes that provide alternate procedures for the obtaining
of temporary restraining orders or temporary injunctions.
A. No temporary injunction shall be issued without notice to
the adverse party.
B. A temporary restraining order may be granted without written
or oral notice to the adverse party or the attorney for the adverse
party only if:
1. It clearly appears from specific facts shown by affidavit or
by the verified petition that immediate and irreparable injury,
loss, or damage will result to the applicant before the adverse
party or the attorney for the adverse party can be heard in
opposition; or
2. The attorney for the applicant certifies to the court in
writing the efforts, if any, which have been made to give the notice
and the reasons supporting the claim that notice should not be
Oklahoma Statutes - Title 12. Civil Procedure Page 277
required; and the court determines that the efforts of the applicant
to give notice, if any, were reasonable under the circumstances.
C. Every temporary restraining order granted without notice:
1. Shall be endorsed with the date and hour of issuance;
2. Shall be filed in the office of the court clerk and entered
of record; and
3. Shall define the injury and state why it is irreparable and
why the order was granted without notice.
D. If a temporary restraining order is granted without notice,
the motion for a temporary injunction shall be set down for hearing
at the earliest possible time and takes precedence of all matters
except older matters of the same character. When the motion comes
on for hearing the party who obtained the temporary restraining
order shall proceed with the application for a temporary injunction
and, if the party does not do so, the court shall dissolve the
temporary restraining order. On two (2) days' notice to the party
who obtained the temporary restraining order without notice or on
such shorter notice to that party as the court may prescribe, the
adverse party may appear and move its dissolution, modification, or
require the posting of an undertaking, and in that event the court
shall proceed to hear and determine the motion as expeditiously as
the ends of justice require.
E. This section shall not apply to temporary restraining orders
in actions for a divorce, alimony without a divorce, separate
maintenance, an annulment, custody, or similar matters, guardianship
or juvenile proceedings, or to proceedings brought pursuant to
special statutes that provide alternate procedures for the obtaining
of temporary restraining orders or temporary injunctions.
Status: in_force · Read it on the official government site
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