When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be allowed in the first instance; in all other cases, the alternative writ must be first issued.
§ 1454.When Peremptory Writ to Issue
Chapter 26: Mandamus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1454 allows a peremptory writ of mandamus to issue immediately when the right to the act is clear and no valid excuse for not performing it is apparent, and otherwise requires the alternative writ to issue first.
Full Text of § 1454
Amendment History
R.L. 1910, § 4910.
Plain-English Summary
Section 1454 decides which of the two writ forms from Section 1453 applies first. When the right to demand performance is clear, and it's apparent no valid excuse exists for not performing it, the court may allow a peremptory mandamus right from the start.
In every other case, the alternative writ has to come first, giving the defendant the chance to show cause.
Frequently Asked Questions
When can a court skip straight to a peremptory writ?
When the right to the act is clear and no valid excuse for not performing it is apparent.
What happens in cases that don't meet that standard?
The alternative writ must be issued first.
Does the plaintiff choose which writ to request?
The statute frames it as a determination based on how clear the right and the lack of excuse are, not the plaintiff's choice alone.
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: when peremptory mandamus issues oklahomaalternative writ required first mandamus