Okla. Stat. » Title 12 — CIVIL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 12, § 688 (2026)

Taking account or proof or assessment of damages on

✓ current as of July 2026
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default or decision of issue of law. 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. R.L. 1910, § 5130.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1975–2025 · leading case: Payne v. Dewitt, 1999 OK 93 (Okla. 1999).
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Payne v. Dewitt, 1999 OK 93 (Okla. 1999). · cites it 4× “[19] 12 O.S.1991 § 688. [20] Encompassed *1095 within this right is the opportunity to a fair post-default inquest at which both the plaintiff and the defendant can participate in the proceedings by cross-examining witnesses and introducing evidence on their own behalf.”
Weldon v. Dunn, 1998 OK 80 (Okla. 1998). · cites it 2× “[12] 12 O.S.1991 § 688. [13] Spirgis, supra note 1 at 684.”
Williams v. Tulsa Motels, 1998 OK 42 (Okla. 1998). · cites it 2× “[24] 12 O.S.1991 § 688. [25] See supra note 1 at 684.”
C & L Enter. Inc. v. Citizen Band Potawatomi Tribe of Oklahoma, 2002 OK 99 (Okla. 2002). “A counsel-fee hearing upon defendant's default is to be treated as akin to that which is required for a default judgment's entry in an action for recovery of damages (12 O.S.2001 § 688). The provisions of § 688 call for an evidentiary hearing on the quantum to be awarded against…”
Lee v. Hester, 642 P.2d 243 (Okla. 1982). “1971 § 1126 (juvenile process); (3) 12 O.S.1971 § 613 (accounting issues); (4) 12 O.”
Graves v. Walters, 534 P.2d 702 (Okla. Civ. App. 1975). · cites it 2× “Defendants unsuccessfully sought to vacate the judgment eight, days later by a motion which condemned it as void because it was obtained without the court receiving or hearing any evidence — a fatal irregularity.”
SIT v. Tulsa Turbine Engines & Aircraft, LLC, 313 P.3d 1035 (Okla. Civ. App. 2013). “2d 260, 266 , that "[wle have held it is error to render a default judgment upon a petition claiming damages without hearing evidence upon which to assess damages," citing 12 O.S. § 688 7 and 12 0.8. § 2008(D). In a case involving a refusal to vacate a small claims default…”
Bjorkman v. Noble, 2025 OK 62 (Okla. 2025). · cites it 4× “12 O.S.2021, § 688 both the plaintiff and the defendant can participate in the proceedings by cross-examining witnesses and introducing evidence on their own behalf.”
Phil Boevers Enter. v. Beck, 2024 OK CIV APP 14 (Okla. Civ. App. 2023). · cites it 3× “Default Judgment Was Inappropriate Pursuant to 12 O.S. § 688 and 12 O.S. § 2008 (D). ¶30 Even if the answer were untimely filed, default judgment was still inappropriate pursuant to 12 O.”
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