The motion for the writ must be made upon affidavit, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.
§ 1455.Motion Upon Affidavit - Notice
Chapter 26: Mandamus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1455 requires a motion for a writ of mandamus to be made upon affidavit and lets the court require notice to the adverse party, issue an order to show cause, or grant the writ without notice.
Full Text of § 1455
Amendment History
R.L. 1910, § 4911.
Plain-English Summary
Section 1455 sets the starting procedure for seeking a mandamus writ: the motion must rest on an affidavit. From there, the court has discretion in how to proceed.
It may require notice of the application to go to the adverse party, grant an order to show cause why the writ shouldn't issue, or grant the writ without any notice at all.
Frequently Asked Questions
Does a mandamus motion need to be supported by an affidavit?
Yes, Section 1455 requires the motion to be made upon affidavit.
Does the other side always get notice before the writ issues?
Not necessarily - the court may grant the writ without notice, require notice, or issue an order to show cause instead.
Who decides which of these options to use?
The court, based on the discretion the statute grants it.
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: mandamus motion affidavit oklahomanotice requirement mandamus writ