Rule 52

Advisory Committee Notes

The 2016 amendments adopt the plain‑language style of Federal Rule of Civil Procedure 52. And, like the federal rule, the 2016 amendments move a provision found in Rule 41(b) to this rule. Formerly, if a plaintiff had presented its case and the evidence did not support the claim, the court—in a trial by the court—could find for the defendant without having to hear the defendant’s evidence. The equivalent provision now found in paragraph (e) extends that principle to claims other than the plaintiff’s and, if a party’s evidence on any particular element of the cause of action is complete but insufficient, allows the court to make findings and conclusions and enter judgment accordingly.