Oklahoma Gas & Electric Co. v. District Court, Fifteenth Judicial District

OPALA, Vice Chief Justice.

The issue tendered for our decision is whether a writ of mandamus should issue directing the trial court to permit the defendant-petitioner to amend its answer. The purpose of the proposed amendment is to assert a counterclaim for contribution against the plaintiff in an action consolidated for purposes of trial with another cause in which the plaintiff stands as an alleged joint tortfeasor and which arose out of the same occurrence.

Because a writ of mandamus may not issue where an adequate remedy at law exists, we initially address the consequences of the trial…