Oklahoma § 12-1384.1 - Temporary injunction - Temporary restraining order Notice - Granting without notice

§ 12-1384.1. Temporary injunction - Temporary restraining order 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

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.

Added by Laws 1989, c. 230, § 2, eff. Nov. 1, 1989.