Rule 52 — Findings and Conclusions by the Court; Judgment on Par- tial Findings

Fed. R. Civ. P. 52

• Source: Federal Rules of Civil Procedure
• Rule: 52
• TITLE VI: TRIALS
• Citation: Fed. R. Civ. P. 52

Text

(a) FINDINGSANDCONCLUSIONS.
(1) In General. In an action tried on the facts without a jury
or with an advisory jury, the court must find the facts spe-
cially 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 find-
ings, 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’ credibil-
ity.
(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 judg-
ment until the close of the evidence. A judgment on partial find-
ings must be supported by findings of fact and conclusions of law
as required by Rule 52(a).

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 1985, eff. Aug. 1, 1985; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)