If no answer be made, a peremptory mandamus must be allowed against the defendant; if answer be made, containing new matter, the same shall not, in any respect, conclude the plaintiff, who may, on the trial or other proceeding, avail himself of any valid objections to its sufficiency, or may countervail it by proof, either in direct denial or by way of avoidance.
§ 1458.Failure to Answer - New Matter In Answer Not Conclusive
Chapter 26: Mandamus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1458 requires a peremptory mandamus if the defendant files no answer, and provides that new matter raised in an answer doesn't bind the plaintiff, who may object to its sufficiency or dispute it with proof at trial.
Full Text of § 1458
Amendment History
R.L. 1910, § 4914.
Plain-English Summary
Section 1458 sets the consequence for silence: if the defendant files no answer to the alternative writ, the court must allow a peremptory mandamus against them.
If the defendant does answer and raises new matter, that new matter doesn't automatically bind the plaintiff. At trial or in other proceedings, the plaintiff may raise valid objections to its sufficiency, or counter it with proof - either by directly denying it or by showing matter that avoids its effect.
Frequently Asked Questions
What happens if the defendant doesn't file an answer?
A peremptory mandamus must be allowed against the defendant.
Is the plaintiff bound by new matter the defendant raises in an answer?
No - the plaintiff may object to its sufficiency or counter it with proof at trial.
How can the plaintiff counter that new matter?
By direct denial or by way of avoidance, according to the statute.
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 default answer oklahomanew matter mandamus answer not binding