When the action is brought by the Attorney General or the district attorney of any county of his own motion, or when directed to do so by competent authority, it shall be prosecuted in the name of the state, but where the action is brought by a person claiming an interest in the office, franchise or corporation, or claiming any interest adverse to the franchise, gift or grant, which is the subject of the action, it shall be prosecuted in the name and under the direction, and at the expense of such persons; whenever the action is brought against a person for usurping an office by the Attorney General or the district attorney, he shall set forth in the petition the name of the person rightfully (entitled) to the office and his right or title thereto; when the action in such case is brought by the person claiming title, he may claim and recover any damage he may have sustained.
§ 1533.Persons Who May Bring Action - Expenses - Petition By Attorney General Or District Attorney - Recovery of Damages
Chapter 29: Quo Warranto · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1533 lets the Attorney General or a district attorney prosecute a quo warranto action in the state's name, or lets a private person with a claimed interest prosecute it in their own name and expense, and lets the person claiming title recover any damages sustained.
Full Text of § 1533
Amendment History
R.L. 1910, § 4921.
Plain-English Summary
This section sorts out who brings the action and in whose name. When the Attorney General or a district attorney files on their own initiative, or because a competent authority directed it, the case is prosecuted in the name of the state. When a private person claiming an interest in the office, franchise, or corporation -- or an interest adverse to the franchise, gift, or grant at issue -- brings the action instead, it proceeds in that person's own name, under that person's direction, and at that person's expense.
If the Attorney General or a district attorney sues someone for usurping an office, the petition has to name the person rightfully entitled to the office and set out that person's right or title to it. And when the person claiming title is the one bringing the action, that person may also claim and recover any damages sustained.
Frequently Asked Questions
Who can bring a quo warranto action under Oklahoma law?
The Attorney General or a district attorney, acting on their own motion or as directed, or a private person claiming an interest in the office, franchise, or corporation involved.
In whose name is the case prosecuted when a private person brings it?
In that person's own name, under that person's own direction, and at that person's own expense.
What must the Attorney General or district attorney include in the petition when suing over a usurped office?
The name of the person rightfully entitled to the office and that person's right or title to it.
Can the person claiming the office recover money damages?
Yes, if that person is the one bringing the action claiming title, they may claim and recover any damages sustained.
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: who can bring quo warranto action oklahomaattorney general petition usurped office oklahoma12 O.S. § 1533recover damages contested office oklahoma