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NC General Statutes

N.C. Gen. Stat. § 1-485 (2026)

When preliminary injunction issued

✓ current as of July 2026
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A preliminary injunction may be issued by order in accordance with the provisions of this Article. The order may be made by any judge of the superior court or any judge of the district court  authorized to hear in-chambers matters in the following cases, and shall be issued by the clerk of the court in which the action is required to be tried:

(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and this relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff; or,

(2) When, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is  procuring or suffering some act to be done in violation of the rights of another party to the litigation respecting the  subject of the action, and tending to render the judgment ineffectual; or,

(3) When, during the pendency of an action, it appears by affidavit of any person that the defendant threatens or is about to remove or dispose of his property, with intent to defraud the plaintiff. (C.C.P., ss. 188, 189; Code, ss. 334, 338; Rev., s. 806; C.S., s. 843; 1967, c. 954, s. 3; 1973, c. 66, s. 1.)

 

Notes of Decisions
Cited in 43 cases (6 in the last 5 years), 1953–2026 · leading case: A.E.P. Indus., Inc. v. McClure, 302 S.E.2d 754 (N.C. 1983).
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A.E.P. Indus., Inc. v. McClure, 302 S.E.2d 754 (N.C. 1983). · cites it 4× “2d 116 , 119-20 (1953): The hearing judge does not issue an interlocutory injunction as a matter of course merely because the plaintiff avowedly bases his application for the writ on a recognized equitable ground.”
Revelle v. Chamblee, 606 S.E.2d 712 (N.C. Ct. App. 2005). · cites it 6× “N.C. Gen. Stat. § 1-485 (2), authorizes the issuance of a preliminary injunction: When, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of…”
Harris v. Pinewood Dev. Corp., 627 S.E.2d 639 (N.C. Ct. App. 2006). · cites it 8× “N.C. Gen. Stat. § 1-485 (2) provides that a preliminary injunction may be issued: [w]hen, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of…”
Iredell Digestive Disease Clinic v. Petrozza, 373 S.E.2d 449 (N.C. Ct. App. 1988). · cites it 4× “N.C. Gen. Stat. § 1-485 (1) (1987) provides that a preliminary injunction shall issue “[w]hen it appears by the complaint that the plaintiff is entitled to the relief demanded .”
Staton v. Russell, 565 S.E.2d 103 (N.C. Ct. App. 2002). · cites it 5× “Based upon the foregoing findings, the Court further finds that this Order is justified under the inherent power of the Court, N.C. Gen. Stat. § 1-485 and N.C. Gen. Stat.”
Brown v. Brown, 434 S.E.2d 873 (N.C. Ct. App. 1993). · cites it 6× “II The issue presented is whether an interim award under Section 50-20(i1) must be determined, as defendants argue, consistent with every other "provision of Section 50-20 and the considerable body of equitable distribution caselaw.”
Kaplan v. Prolife Action League of Greensboro, 431 S.E.2d 828 (N.C. Ct. App. 1993). · cites it 2× “: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and this relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce…”
Bd. of Provincial Elders of the S. Province of the Moravian Church v. Jones, 159 S.E.2d 545 (N.C. 1968). · cites it 3× “§ 1-485(1) authorizes the granting of an application for a temporary injunction "when it appears by the complaint that the plaintiff is entitled to the relief demanded, and this relief, or any part thereof, consists in restraining the commission or continuance of some act the…”
SAS Inst., Inc. v. World Programming Ltd., 952 F.3d 513 (4th Cir. 2020). “N.C. Gen. Stat. § 1-485 . Here, WPL’s interference with collection proceedings which SAS had a legal right to pursue—and its collateral attack by seeking clawbacks of funds SAS had a right to collect—undermined the effectiveness of the U.”
Maloney v. All. Dev. Grp., L.L.C., 2006 NCBC 11 (N.C. Bus. Ct. 2006). · cites it 9× “S § 1-502, and they issue preliminary injunctions pursuant to N.C.G.S. § 1-485. {35} Under N.C.G.S. § 1-502, a court may appoint a receiver before judgment “when [a party] establishes an apparent right to property which is the subject of the action and in the possession of an…”
State Ex Rel. Morgan v. Dare to Be Great, Inc., 189 S.E.2d 802 (N.C. Ct. App. 1972). · cites it 3× “, We do not agree with defendants’ contention that, if proceeding under G.S. 1-485 (1) for a preliminary injunction, the court is limited to what appears in the complaint.”
Huskins v. Yancey Hosp., 78 S.E.2d 116 (N.C. 1953). · cites it 2× “G.S. §§ 1-485, 1-486; Norfolk So. R. R. v.”
Show all 43 citing cases →
— N.C. Gen. Stat. § 1-485(1) — 3 cases
Iredell Digestive Disease Clinic v. Petrozza, 373 S.E.2d 449 (N.C. Ct. App. 1988). “N.C. Gen. Stat. § 1-485 (1) (1987) provides that a preliminary injunction shall issue “[w]hen it appears by the complaint that the plaintiff is entitled to the relief demanded .”
Bd. of Provincial Elders of the S. Province of the Moravian Church v. Jones, 159 S.E.2d 545 (N.C. 1968). “§ 1-485(1) authorizes the granting of an application for a temporary injunction "when it appears by the complaint that the plaintiff is entitled to the relief demanded, and this relief, or any part thereof, consists in restraining the commission or continuance of some act the…”
State Ex Rel. Morgan v. Dare to Be Great, Inc., 189 S.E.2d 802 (N.C. Ct. App. 1972). “, We do not agree with defendants’ contention that, if proceeding under G.S. 1-485 (1) for a preliminary injunction, the court is limited to what appears in the complaint.”
— N.C. Gen. Stat. § 1-485(2) — 6 cases
Harris v. Pinewood Dev. Corp., 627 S.E.2d 639 (N.C. Ct. App. 2006). “N.C. Gen. Stat. § 1-485 (2) provides that a preliminary injunction may be issued: [w]hen, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of…”
Richardson v. Kellar, 2016 NCBC 60 (N.C. Bus. Ct. 2016).
Bowman v. Sparrow, 2016 NCBC 104 (N.C. Bus. Ct. 2016).
Global Textile All., Inc. v. Tdi Worldwide, LLC, 2017 NCBC 106 (N.C. Bus. Ct. 2017).
Fogartie v. Edrington, 2017 NCBC 104 (N.C. Bus. Ct. 2017).
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