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Oklahoma Statutes

Okla. Stat. tit. 20, § 1403 (2026)

Disqualification of judge, claim of - Mandamus

✓ current as of July 2026
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Any party to any cause pending in a court of record may in term time or in vacation file a written application with the clerk of the court, setting forth the grounds or facts upon which the claim is made that the judge is disqualified, and request said judge so to certify, after reasonable notice to the other side, same to be presented to such judge, and upon his failure so to do within three (3) days before said cause is set for trial, application may be made to the proper tribunal for mandamus requiring him so to do. R.L. 1910, § 5816. Renumbered from Title 22, § 575 by Laws 1969, c. 119, § 1, emerg. eff. April 3, 1969.

Notes of Decisions
Cited in 8 cases, 1982–2007 · leading case: Mitchell v. State, 2006 OK CR 20 (Okla. Crim. App. 2006).
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Mitchell v. State, 2006 OK CR 20 (Okla. Crim. App. 2006). · cites it 4× “2d 1377 , this Court noted that the proper statutory procedure for disqualifying a judge is established in 20 O.S. § 1403: "Strict compliance with this section is required before a trial judge will be disqualified.”
Pierce v. Pierce, 2001 OK 97 (Okla. 2001). · cites it 4× “Disqualification of judge, claim of — Mandamus Any party to any cause pending in a court of record may in term time or in vacation file a written application with the clerk of the court, setting forth the grounds or facts upon which the claim is made that the judge is…”
Brumfield v. State, 2007 OK CR 10 (Okla. Crim. App. 2007). “1 (2002), and 20 O.S.2001, § 1403). [60] Shortly after being arrested in this case, Brumfield wrote a pro se letter stating that he was making "a motion to disqualify Judge Lowell R.”
Hatch v. State, 662 P.2d 1377 (Okla. Crim. App. 1983). “According to 20 O.S.1981, § 1403, Any party, to any cause pending in a court of record may in term time or in vacation file a written application with the clerk of the court, setting forth the grounds or facts upon which the claim is made that the judge is disqualified, and…”
Alexander v. State, 2002 OK CR 23 (Okla. Crim. App. 2002). “See 20 O.S.1991, § 1403, Rule 15, Rules for District Courts of Oklahoma, Title 12, Ch.”
Wilkett v. State, 674 P.2d 573 (Okla. Crim. App. 1984). “See 20 O.S.1981, § 1403. The judge subsequently revealed that a number of annoying contacts were initiated by the family of the appellant prior to trial.”
Long v. State, 654 P.2d 647 (Okla. Crim. App. 1982). “However, the appellant now before this Court did not make application for disqualification; neither did she object on the basis of the magistrate or judge’s neutrality at either the preliminary hearing or the trial.”
Carey v. State, 902 P.2d 1116 (Okla. Crim. App. 1995). “Additionally, we deny at this time Petitioner’s request that this Court disqualify Judge Hopper.”
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