If the taking of an account, or the proof of a fact, or the assessment of damages, be necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law the court may, with the assent of the party not in default, take the account, hear the proof, or assess the damages; or may, with the like assent, refer the same to a referee or master commissioner, or may direct the same to be ascertained or assessed by a jury. If a jury be ordered, it shall be on or after the day on which the action is set for trial.
§ 688.Taking Account Or Proof Or Assessment of Damages On Default Or Decision of Issue of Law
Chapter 12: Judgment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 688 lets a court, with the non-defaulting party's consent, take an account, hear proof of a fact, or assess damages itself when that's needed to enter judgment after a default or a ruling on a question of law, or instead refer the matter to a referee or a jury.
Full Text of § 688
Amendment History
R.L. 1910, § 5130.
Plain-English Summary
Sometimes a court can't enter judgment on a default or a legal ruling without first pinning down a number or a fact — how much is owed, whether a condition was met. Section 688 gives the court three ways to get there, each requiring the consent of the party who isn't in default: take the account, hear the proof, or assess the damages itself; refer the matter to a referee or master commissioner; or send it to a jury.
If the court sends the question to a jury, that trial has to happen on or after the day already set for trial in the case — the assessment doesn't jump the calendar ahead of the main proceeding.
Frequently Asked Questions
How does a court figure out damages after a defendant defaults?
With the consent of the party not in default, the court may take the account, hear proof, or assess the damages itself, or refer the matter to a referee or master commissioner, or a jury.
Does the party not in default have to agree to how damages get assessed?
Yes, the court needs that party's assent before taking the account, hearing proof, or assessing damages itself or through a referee.
If a jury assesses the damages, when does that happen?
On or after the day already set for trial in the action.
Does this section apply only after a default?
No, it also applies after a court decides an issue of law and still needs an accounting, proof of a fact, or a damages assessment to enter judgment.
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: Oklahoma assessment of damages on default12 O.S. § 688referee damages default judgment Oklahomataking an account after default Oklahoma