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
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.
Notes of Decisions
Specialty Beverages, L.L.C v. Pabst Brewing Co., 537 F.3d 1165 (10th Cir. 2008).
“Okla. Stat. tit. 12, § 1384.1 . The record indicates that Marrs obtained the TRO on May 3, 2004, and that the state court set a preliminary injunction hearing for May 25, 2004.”
First Am. Bank & Trust Co. v. Sawyer, 865 P.2d 347 (Okla. Civ. App. 1993).
“12 O.S.1991 § 1384.1(D) provides that if the party who obtained the TRO fails to prosecute the temporary injunction, which matter must be set down at the earliest possible time and which takes precedence over other matters, then the court must dissolve the TRO.”
Wells Fargo Bank v. Apache Tribe of Oklahoma, 2015 OK CIV APP 10 (Okla. Civ. App. 2014).
· cites it 12× “The Tribe contends the injunction was issued pursuant to Title 12 O.S.2011 § 1384.1. 20 The Tribe argues the Injunction was issued without the required statutory notice and in violation of the Rules of the district court prohibiting ex parte communications with the assigned…”
W. Heights Indep. Sch. Dist. v. State, 2022 OK 79 (Okla. 2022).
· cites it 7× “This may occur pursuant to 12 O.S. § 1384.1 12 O.S.2011 § 1384.1 ¶17 Petitioners' petition in error states the appeal is appealable by right because the trial court's order denies a temporary or preliminary injunction.”
Waveland Drilling Partners v. New Dominion, 435 P.3d 114 (Okla. Civ. App. 2018).
“" Although 12 O.S. § 1384.1 (D) provides the procedure for the award of an injunction following the entry of a temporary restraining order, it does not explicitly require that a separate motion be filed.”
In the Matter of the Death of Taylor, 343 P.3d 219 (Okla. Civ. App. 2014).
· cites it 6× “The Tribe contends the injunction was issued pursuant to Title 12 O.S.2011 § 1384.1. 20 The Tribe argues the Injunction was issued without the required statutory notice and in violation of the Rules of the district court prohibiting ex parte communications with the assigned…”
Pub. Svc. Co. v. Duncan Pub. Util. Autho., 2011 OK CIV APP 15 (Okla. Civ. App. 2010).
“The first indication of objection was during DP & L's closing argument, a discussion was had and the court restated the hearing was one for a temporary injunction concluding with DP & L's counsel stating that, "I don't want to make a big point about that and I apologize.”
— Okla. Stat. tit. 12, § 1384.1(D) — 1 case
First Am. Bank & Trust Co. v. Sawyer, 865 P.2d 347 (Okla. Civ. App. 1993).
“12 O.S.1991 § 1384.1(D) provides that if the party who obtained the TRO fails to prosecute the temporary injunction, which matter must be set down at the earliest possible time and which takes precedence over other matters, then the court must dissolve the TRO.”
— Okla. Stat. tit. 12, § 1384.1(E) — 2 cases
Wells Fargo Bank v. Apache Tribe of Oklahoma, 2015 OK CIV APP 10 (Okla. Civ. App. 2014).
“The Tribe contends the injunction was issued pursuant to Title 12 O.S.2011 § 1384.1. 20 The Tribe argues the Injunction was issued without the required statutory notice and in violation of the Rules of the district court prohibiting ex parte communications with the assigned…”
In the Matter of the Death of Taylor, 343 P.3d 219 (Okla. Civ. App. 2014).
“The Tribe contends the injunction was issued pursuant to Title 12 O.S.2011 § 1384.1. 20 The Tribe argues the Injunction was issued without the required statutory notice and in violation of the Rules of the district court prohibiting ex parte communications with the assigned…”
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