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Rule 52 – Findings and conclusions by the court; judgment on partial findings

(through July 14, 2022)

(a) Findings and Conclusions. (1) In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court. Judgment must be entered under Rule 58 (2) For an Interlocutory Injunction. In granting or refusing an interlocutory injunction, the court must similarly state the findings and conclusions that support its action. (3) For a Motion. The court is not required to state findings or conclusions when ruling on a motion under Rule 12 or 56 or, unless these rules provide otherwise, on any other motion. (4) Effect of a Master’s Findings. A master’s findings, to the extent adopted by the court, must be considered the court’s findings. (5) Questioning the Evidentiary Support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings. (6) Setting Aside the Findings. Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court’s opportunity to judge the witnesses’ credibility.

(b) Amended or Additional Findings. On a party’s motion filed no later than 28 days after the entry of judgment, the court may amend its findings—or make additional findings—and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59.

(c) Judgment on Partial Findings. If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. The court may, however, decline to render any judgment until the close of the evidence. A judgment on partial findings must be supported by findings of fact and conclusions of law as required by Rule 52(a).

Selected Committee Notes 

Former Rules 50, 52, and 59 adopted 10-day periods for their respective post-judgment motions. Rule 6(b) prohibits any expansion of those periods. Experience has proved that in many cases it is not possible to prepare a satisfactory post-judgment motion in 10 days, even under the former rule that excluded intermediate Saturdays, Sundays, and legal holidays. These time periods are particularly sensitive because Appellate Rule 4 integrates the time to appeal with a timely motion under these rules. Rather than introduce the prospect of uncertainty in appeal time by amending Rule 6(b) to permit additional time, the former 10-day periods are expanded to 28 days. Rule 6(b) continues to prohibit expansion of the 28-day period.

Changes Made after Publication and Comment. The 30-day period proposed in the August 2007 publication is shortened to 28 days.

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– Table of Contents –

Key Civ Pro Laws (MBE/MEE)

Constitutional Provisions

U.S. Code

FRCP

  • Rule 3 – Commencing an action
  • Rule 4 – Summons
  • Rule 6 – Computing and extending time
  • Rule 7 – Pleadings allowed
  • Rule 8 – General pleading rules
  • Rule 9 – Pleading special matters
  • Rule 10 – Form of pleadings
  • Rule 11 – Signing pleadings, motions, and other papers
  • Rule 12 – Defenses and objections
  • Rule 13 – Counterclaim and crossclaim
  • Rule 14 – Third-party practice
  • Rule 15 – Amended and supplemental pleadings
  • Rule 16 – Pretrial conferences, scheduling, management
  • Rule 19 – Required joinder of parties
  • Rule 20 – Permissive joinder of parties
  • Rule 22 – Interpleader
  • Rule 23 – Class actions
  • Rule 24 – Intervention
  • Rule 25 – Substitution
  • Rule 26 – Duty to disclose
  • Rule 30 – Depositions by oral examination
  • Rule 31 – Depositions by written questions
  • Rule 33 – Interrogatories
  • Rule 34 – Producing documents, electronically stored information, and tangible things
  • Rule 35 – Physical and mental examinations
  • Rule 36 – Requests for admission
  • Rule 37 – Failure to make disclosures or to cooperate in discovery
  • Rule 38 – Right to a jury trial
  • Rule 41 – Dismissal of actions
  • Rule 42 – Consolidation; separate trials
  • Rule 45 – Subpoena
  • Rule 47 – Selecting jurors
  • Rule 48 – Number of jurors; verdict; polling
  • Rule 49 – Special verdict; general verdict and questions
  • Rule 50 – Judgment as a matter of law in a jury trial
  • Rule 51 – Instructions to the jury; objections; preserving a claim of error
  • Rule 52 – Findings and conclusions by the court; judgment on partial findings
  • Rule 54 – Judgment, costs
  • Rule 55 – Default
  • Rule 56 – Summary judgment
  • Rule 59 – New trial; altering or amending a judgment
  • Rule 60 – Relief from a judgment or order
  • Rule 65 – Injunctions and restraining orders

FRAP