Motion for Temporary Injunction
(OK)

Summary

This template is a motion for a temporary injunction (sometimes called a preliminary injunction) in a civil action in Oklahoma district court. This template includes practical guidance and drafting notes. A temporary injunction may be granted to preserve the status quo during litigation while the action is determined on the merits. Owens v. Zumwalt, 503 P.3d 1211, 1214 (Okla. 2022). Consider applying for a temporary injunction if the adverse party is engaging in or threatening to engage in conduct that will cause irreparable harm to your client before the case can be finally resolved on the merits. Your motion should include a caption and comply with the other format requirements for documents filed in court. See Okla. Stat. tit. 12, § 2007(B), 2010(A). For general format requirements, see Formatting Rules in Court Checklist (OK). For discussion of motion practice generally, see Motion Practice Fundamentals (OK). Like most motions, a motion for a temporary injunction must be accompanied by a "concise" brief or list of authorities on which the moving party relies. See Okla. Stat. tit. 12, ch. 2 app., rule 4(c). The factual background and assertions set forth in the motion and accompanying brief should be supported by references to detailed supporting affidavits and/or declarations by persons with personal knowledge of the facts. See Okla. Stat. tit. 12, ch. 2 app., rule 4(c); see also Okla. Stat. tit. 12, § 426(A) (use of unsworn declaration in lieu of affidavit). For general affidavit and declaration templates, see Affidavit (OK) and Declaration under Penalty of Perjury (OK). By statute, a temporary injunction may be granted: • When it appears from the petition that the plaintiff is entitled to the relief demanded, and that a part of the relief consists in restraining the commission or continuance of an act that would produce injury to the plaintiff during the pendency of the litigation • When, during the litigation, it appears that the defendant is committing, threatening to commit, or about to commit an act that violates the plaintiff's rights regarding the subject of the action and that would tend to render the judgment ineffectual • When, during the pendency of an action, it appears by affidavit that the defendant threatens or is about to remove or dispose of the defendant's property with intent to defraud the defendant's creditors or to render the judgment ineffectual –or– • In any case where a temporary injunction is specially authorized by statute See Okla. Stat. tit. 12, § 1382. Oklahoma courts have held that a party seeking a temporary injunction must show that four factors weigh in the moving party's favor: • The likelihood of success on the merits • Irreparable harm to the party seeking injunctive relief if the injunction is denied • The threatened injury outweighs the injury the opposing party will suffer under the injunction –and– • The injunction is in the public interest Foresee v. Foresee (In re Estate of Foresee), 475 P.3d 862, 865 (Okla. 2020); Dowell v. Pletcher, 304 P.3d 457, 460 (Okla. 2013). Furthermore, a party seeking a mandatory temporary injunction (i.e., requiring the opposing party to act, rather than merely refrain from acting) must show violation of a clear legal right and a case of necessity and great hardship. Even if the right is clear, a mandatory injunction will be issued only in a "case of extreme necessity, where the right invaded is material and substantial, and where other adequate redress is not afforded." Owens v. Zumwalt, 503 P.3d 1211, 1214 (Okla. 2022), quoting Peck v. State ex rel. Dep't of Highways, 350 P.2d 948, 950 (1960). Thus, the motion and supporting brief should include legal and factual argument, supported by reference to appropriate affidavits and declarations: • Establishing one of the statutory grounds for issuance of a temporary judgment –and– • Demonstrating that the four factors listed above weigh in favor of the court granting the requested temporary injunction A temporary injunction may not be issued without notice to the adverse party. Okla. Stat. tit. 12, § 1384.1(A). Thus, the motion should be served on the attorney for the party to be restrained (or directly on the party, if unrepresented), as well as on all other parties who have appeared in the action. See Okla. Stat. tit. 12, § 2005(A), (B). The motion should be filed with the court before service or within a reasonable time thereafter. See Okla. Stat. tit. 12, § 2005(D). For more on procedures for service and filing, see Filing and Serving Documents Other Than Original Petition and Summons Checklist (OK). If the moving party also is seeking an ex-parte temporary restraining order (TRO), the motion for temporary injunction may be filed simultaneously with the motion for TRO. If the court grants the ex parte TRO, the TRO and motion for temporary injunction should be served on the opposing party at the same time. The court will set the motion for temporary injunction for hearing at the earliest possible time, and the motion takes precedence over all matters except older matters of the same character. At the time of the hearing on the motion for temporary injunction, the party who obtained the ex parte TRO must proceed with the application for a temporary injunction. If the party does not do so, the court must dissolve the TRO. Okla. Stat. tit. 12, § 1384.1(D). For a form of motion for a TRO, see Ex Parte Motion for Temporary Restraining Order (TRO) (OK). For more information on temporary injunctions, see Pretrial Injunctive Relief: Seeking and Enforcing a Temporary Restraining Order (TRO) or Temporary Injunction (OK).