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Rule52. Findings and conclusions by the court; amended findings; waiver offindings and conclusions; correction of the record; judgment on partialfindings.

(a)Findings and conclusions.

(a)(1)In all actions tried upon the facts without a jury or with an advisory jury,the court must find the facts specially and state separately its conclusions oflaw. The findings and conclusions must be made part of the record and may bestated in writing or orally following the close of the evidence. Judgmentmust be entered separately under Rule 58A.

(a)(2)In granting or refusing interlocutory injunctions the court must similarly setforth the findings of fact and conclusions of law that support its action.

(a)(3)A party may later questionthe sufficiency of the evidence supporting the findings, whether or not theparty requested findings, objected to them, moved to amend them, or moved forpartial findings.

(a)(4)Findings of fact, whether based on oral or other evidence, must not be setaside unless clearly erroneous, and the reviewing court must give due regard tothe trial court?s opportunity to judge the credibility of the witnesses.

(a)(5)The findings of a master, to the extent that the court adopts them, must beconsidered as the findings of the court.

(a)(6)The trial court need not enter findings of fact and conclusions of law inrulings on motions granted under Rules 12(b), 50, 56,and 59, but, when the motion is based onmore than one ground, the court must issue a brief written statement of theground for its decision

(b)Amended oradditional findings. Upon motion of a party filed nolater than 28 days after entry of judgment the court may amend its findings ormake additional findings and may amend the judgment accordingly. The motion mayaccompany a motion for a new trial under Rule 59.

(c) Waiver of findings of factand conclusions of law. Except in actions for divorce,the parties may waive findings of fact and conclusions of law:

(c)(1)by default or by failing to appear at the trial;

(c)(2)by consent in writing, filed in the action;

(c)(3)by oral consent in open court, entered in the minutes.

(d) Correction of the record.If anything material is omitted from or misstated in the transcript of an audioor video record of a hearing or trial, or if a disagreement arises as towhether the record accurately discloses what occurred in the proceeding, aparty may move to correct the record. The motion must be filed within 14 daysafter the transcript of the hearing is filed, unless good cause is shown. Theomission, misstatement or disagreement will be resolved by the court and the recordmade to accurately reflect the proceeding.

(e)Judgment on partial findings. Ifa party has been fully heard on an issue during a nonjury trial and the courtfinds against the party on that issue, the court may enter non-final judgmentagainst the party on a claim or defense that, under the controlling law, can bemaintained or defeated only with a favorable finding on that issue. The courtmay, however, decline to render any judgment until the close of the evidence. Anon-final judgment on partial findings must be supported by findings of factand conclusions of law as required by paragraph (a).

Advisory Committee Note

 

EffectiveMay 1, 2016