§ 1453.Forms and Contents of Writ

Chapter 26: Mandamus · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1453 divides the writ of mandamus into two forms: an alternative writ, which orders the defendant to perform the act or show cause why not, and a peremptory writ, which commands the act directly and omits any option to show cause.

Full Text of § 1453

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The writ is either alternative or peremptory. The alternative writ must state, concisely, the fact showing the obligation of the defendant to perform the act, and his omission to perform it, and command him that immediately upon the receipt of the writ, or at some other specified time, he do the act required to be performed or show cause before the court whence the writ issued, at a specified time and place, why he has not done so; and that he then and there return the writ with his certificate of having done as he is commanded. The peremptory writ must be in a similar form, except that the words requiring the defendant to show cause why he has not done as commanded, must be omitted.

End

Amendment History

R.L. 1910, § 4909.

Plain-English Summary

Section 1453 defines the two forms a mandamus writ can take. The alternative writ states, concisely, the facts showing the defendant's obligation to act and the failure to perform it. It then commands the defendant to do the act immediately, or by a specified time, or to appear before the court and show cause why they haven't.

The peremptory writ works the same way, except it drops the "show cause" language entirely - it commands performance outright, with the defendant expected to return the writ along with a certificate confirming compliance.

Frequently Asked Questions

What's the difference between an alternative and a peremptory writ of mandamus?

The alternative writ gives the defendant a chance to show cause why they haven't acted; the peremptory writ omits that option and commands the act directly.

What must the alternative writ state?

The facts showing the defendant's obligation to perform the act and the defendant's failure to do so.

What does the defendant do after complying?

Return the writ along with a certificate showing that the act was done.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: alternative vs peremptory writ mandamusmandamus writ contents oklahomaforms of mandamus writ