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

Okla. Stat. tit. 12, § 1459 (2026)

No further pleading allowed - Similarity to civil action

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No other pleading or written allegation is allowed than the writ and answer; these are the pleadings in the case, and have the same effect, and are to be construed and may be amended in the same manner, as pleadings in a civil action; and the issues thereby joined must be tried, and the further proceedings thereon had, in the same manner as in a civil action. R.L. 1910, § 4915.

Notes of Decisions
Cited in 9 cases, 1954–2004 · leading case: Chandler (U.S.A.), Inc. v. Tyree, 2004 OK 16, 87 P.3d 598.
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Chandler (U.S.A.), Inc. v. Tyree, 2004 OK 16, 87 P.3d 598. · cites it 2× “12 O.S.2001 § 1459. [14] Discovery is part of ordinary trial preparation procedure, and it promotes the ascertainment of the truth and ultimate disposition of the lawsuit in accordance therewith.”
State Ex Rel. State Bd. of Pub. Affairs v. Principal Funding Corp., 519 P.2d 503 (Okla. 1974). · cites it 3× “12 O.S. § 1459. However, in absence of a motion to strike, and under a prevailing liberal attitude in matters of pleading in this jurisdiction, the demurrer may be treated as an answer admitting facts stated and invoking the court's application of the law.”
Braine v. City of Stroud, 385 P.2d 428 (Okla. 1963). “” An order or ruling made in a special proceeding, if it is in the nature -of an adjudication of some contested claim or right,, has the same effect as a bar, as a formal judgment.”
Austin v. State Bd. of Educ., 497 P.2d 218 (Okla. 1972). “” The verification mentioned in (1) above has now been supplied by petitioners pursuant to 12 O.S.1971, §§ 1459 and 314. In connection with (2) above, the brief lists three “cases pending”.”
Polin v. Retail Credit Co., 469 P.2d 1004 (Okla. 1970). “12 O.S. § 1459. However, in absence of a motion to strike, and under a prevailing liberal attitude in matters of pleading in this jurisdiction, the demurrer may be treated as an answer admitting facts stated and invoking the court’s application of the law.”
Glanz v. McCray, 881 P.2d 766 (Okla. Civ. App. 1994). “§ 1456, requiring personal service of the writ; and (3) 12 O.S. § 1459, proscribing any pleadings in a mandamus action other than the writ and answer.”
Adkins v. Mustang Fuel Corp., 527 P.2d 842 (Okla. 1974). “” (emphasis added) Although the Oklahoma Statutes provide for intervention in a few specific areas, such as actions for the recovery of real or personal property, or by beneficiaries in an action against trustees, there is no specific statute authorizing intervention in a…”
Choctaw Elec. Co-Operative, Inc. v. Redman, 293 P.2d 564 (Okla. 1954). “” By virtue of the provisions of 12 O.S.1951 § 1459, the only pleadings or written allegations allowed are the writ and the answer, and the issues are thereby joined.”
State ex rel. Oklahoma City v. Bd. of Cnty. Commissioners, 516 P.2d 544 (Okla. 1973). “12 O.S.1971, § 1459, urged by the city in its Proposition I as the basis for alleged error by the trial court, is disposi-tive of this matter.”
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