Okla. Stat. » Title 12 — CIVIL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 12, § 1451 (2026)

By and to whom writ issued - Function

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The writ of mandamus may be issued by the Supreme Court or the district court, or any justice or judge thereof, during term, or at chambers, to any inferior tribunal, corporation, board or person, to compel the performance of any act which the law specially enjoins as a duty, resulting from an office, trust or station; but though it may require an inferior tribunal to exercise its judgment or proceed to the discharge of any of its functions, it cannot control judicial discretion. R.L.1910, § 4907.

Notes of Decisions
Cited in 48 cases (7 in the last 5 years), 1953–2026 · leading case: Indep. Sch. Dist. 52 v. Hofmeister, 2020 OK 56, 473 P.3d 475.
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Indep. Sch. Dist. 52 v. Hofmeister, 2020 OK 56, 473 P.3d 475. · cites it 8× “¶16 Plaintiffs' cite the mandamus statute, 12 O.S. § 1451, 12 invoking a special procedure not statutorily controlled by the Oklahoma Pleading Code.”
Oklahoma Gas & Elec. Co. v. Dist. Court, 784 P.2d 61 (Okla. 1989). · cites it 2× “12 O.S.1981 §§ 1451, 1452. 5 . "This writ may not be issued in any case where there is a plain and adequate remedy in the ordinary course of the law.”
Payne v. Kerns, 2020 OK 31, 467 P.3d 659. “¶35 Petitioner initiated this original proceeding on February 6, 2020, by filing his Petition for Alternative Writ of Mandamus pursuant to 12 O.S. 2011 § 1451. Adams asserted that the trial court had not ruled on his motion to dismiss the Ottawa County case.”
Morton v. Adair Cnty. Excise Bd., 780 P.2d 707 (Okla. 1989). · cites it 2× “MANDAMUS Mandamus, a remedy of an extraordinary nature, 2 is governed by the terms of 12 O.S.1981 §§ 1451 and 1452. 3 Before a writ of mandamus may issue there must be (1) a clear legal right vested in the petitioner, (2) respondent’s refusal to perform a plain legal duty which…”
Clay v. Indep. Sch. Dist. No. 1 of Tulsa Cnty., 1997 OK 13, 935 P.2d 294. · cites it 2× “[16] The terms of 12 O.S.1991 § 1451 are: "The writ of mandamus may be issued by the Supreme Court or the district court .”
Maule v. Indep. Sch. Dist. No. 9, 714 P.2d 198 (Okla. 1985). “1981 § 1451: "The writ of mandamus may be issued by the Supreme Court or the district court, or any justice or judge thereof, during term, or at chambers, to any inferior tribunal, corporation, board or person, to compel the performance of any act which the law specially enjoins…”
State ex rel. MacY v. Freeman, 814 P.2d 147 (Okla. 1991). “1981 § 1451 provides: “The writ of mandamus may be issued by the Supreme Court or the district court, or any *154 justice or judge thereof, during term, or at chambers, to any inferior tribunal, corporation, board or person, to compel the performance of any act which the law…”
Way v. Grand Lake Ass'n, 635 P.2d 1010 (Okla. 1981). “By statute, 12 O.S.1971 § 1451, a district court or any judge thereof is authorized to issue writs of mandamus to any inferior tribunal, corporation, board or person, to compel the performance of any act which the law specifically joins as a duty, resulting from an office, trust…”
Sw. Bell Tel. Co. v. Oklahoma Corp. Comm'n, 873 P.2d 1001 (Okla. 1994). “As the terms of 12 O.S.1991, § 1451 make clear, mandamus will issue only where petitioner has a clear legal right to the relief sought and respondent has a plain legal duty which he refuses to perform.”
Chronic Pain Assocs., Inc. v. Bubenik, 885 P.2d 1358 (Okla. 1994). “§ 1462, provides for imposing a penalty for the failure to perform according to a writ of mandamus.”
Martin v. Harrah Indep. Sch. Dist., 543 P.2d 1370 (Okla. 1975). “See 12 O.S.1971 § 1451, (2) Administrative process of the customary sort is as much due process as is judicial process.”
Dale v. City of Yukon, 618 P.2d 954 (Okla. Civ. App. 1980). “In their appellate brief Plaintiffs contend: that their suit, denominated an action for mandatory injunction, was in actuality an action for mandamus; under the provisions of Title 12 O.S.1971, § 1451 et seq. a demurrer is not a permitted pleading; that only the petition and…”
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