(a) Upon default, when the damages are to be assessed, the court may hear the evidence and assess the damages without a jury for that purpose. If interlocutory judgment is entered in an action brought upon a penal bond, or upon any instrument in writing, for the payment of money only, and the damages rest in computation, the court may refer the matter to the clerk, to assess and report the damages, and may enter judgment therefor. However, either party may have the damages assessed by a jury.
2-1206.Assessment of damages.
Article II. Civil Practice · Part 12. Post-Trial · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-1206 tells the court how to assess damages after a default, or when a post-trial ruling or an appellate remand leaves damages undetermined.
Full Text of 735 ILCS 5/2-1206
(b) Unless a jury has been waived, the trial court shall empanel a jury to assess damages: (1) if the ruling on a post- trial motion is in favor of a party entitled to recover damages and there is no verdict assessing his or her damages; or (2) the reviewing court remands solely for the purpose of assessing damages.
Plain-English Summary
On a default judgment, the court can hear the evidence and assess damages itself, without a jury. Where the case is an action on a penal bond or a written instrument for the payment of money only, and the damages are a matter of computation, the court can even refer that math to the clerk to assess and report. Either party can still insist on having a jury assess the damages instead.
Two situations require the trial court to empanel a jury to assess damages, unless a jury has been waived: when a post-trial motion is decided in favor of a party entitled to recover but no verdict ever fixed the amount, or when a reviewing court remands the case solely to assess damages.
Frequently Asked Questions
Does a default judgment in Illinois require a jury trial on damages?
No, the court may hear the evidence and assess the damages itself, without a jury.
Who calculates damages on a note or bond where the amount is pure computation?
The court may refer that task to the clerk to assess and report the damages.
Can either party still demand a jury to assess damages after a default?
Yes, either party may have the damages assessed by a jury instead.
What happens if my post-trial motion succeeds but the jury never assessed damages?
The trial court must empanel a jury to assess damages, unless a jury has been waived.
What if the appeals court sends the case back only to fix the damages amount?
The trial court empanels a jury to assess damages on remand, unless a jury has been waived.
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: assessment of damages illinois defaultdamages after default judgment illinoisjury assess damages remand illinoisclerk compute damages illinois