In either case provided for in Sections 19-124 and 19-125 of this Act, if the case is tried by a jury, the damages may be assessed by such jury, but if the plaintiff takes a voluntary dismissal or an involuntary dismissal is ordered by the court or judgment is entered for defendant without a trial, the damages may be assessed by the court or by a jury impaneled for that purpose.
19-126.Damages.
Article XIX. Replevin · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDamages under Sections 19-124 and 19-125 are assessed by the jury if the case is tried by one, or otherwise by the court or by a jury impaneled specifically for that purpose if the case ends by voluntary dismissal, involuntary dismissal, or judgment for the defendant without trial.
Full Text of 735 ILCS 5/19-126
Plain-English Summary
Section 19-126 answers a procedural question left open by Sections 19-124 and 19-125: who calculates the damages those sections describe. If the underlying case is tried by a jury, that same jury assesses the damages as part of its verdict.
But not every replevin case reaches a jury trial. If the plaintiff takes a voluntary dismissal, if the court orders an involuntary dismissal, or if judgment is entered for the defendant without a trial, the case never generates a jury verdict on damages in the ordinary course.
For those situations, the section supplies a fallback: the court itself may assess the damages, or a jury impaneled specifically for that purpose can be brought in, even though the underlying merits were never tried to a jury.
Frequently Asked Questions
Who assesses damages in a replevin case that goes to trial?
The jury, as part of the trial, if the case is tried by a jury.
How are damages assessed if the plaintiff voluntarily dismisses the case?
The court may assess them, or a jury impaneled specifically for that purpose can do so.
What if the court orders an involuntary dismissal?
The same fallback applies: damages may be assessed by the court or by a jury impaneled for that purpose.
What if judgment is entered for the defendant without a trial?
Damages in that situation are likewise assessed by the court or by a specially impaneled jury.
Which sections' damages does this provision govern?
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: who assesses replevin damages illinoisjury for replevin damagesdamages after voluntary dismissal replevinreplevin damages without trial