In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and judgment shall be entered pursuant to Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Neither requests for findings nor objections to findings rendered are necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions on motions under Rule 12 or 56 or any other motion except as provided in these rules or other law.
Rule 52.Findings by the Court
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRequires a judge trying a civil case without a jury, or with only an advisory jury, to make separate findings of fact and conclusions of law, and shields those findings from reversal unless they are clearly erroneous.
Full Text of Rule 52
Amendment History
Amended effective January 1, 1985. Amended May 25, 2017, effective July 1, 2017.
Plain-English Summary
When a civil case is tried to the bench instead of a jury, or tried with an advisory jury whose verdict is not binding, Rule 52 requires the judge to spell out the facts found and state the legal conclusions drawn from them separately. The same requirement applies when a court grants or denies an interlocutory injunction. These findings can appear in a formal order or within an opinion or memorandum of decision, and if the court adopts a master's findings under Rule 53, those findings count as the court's own.
Because the trial judge saw the witnesses and weighed the evidence directly, findings of fact receive deference on appeal — a reviewing court will not set them aside unless they are clearly erroneous. Unlike jury instructions under Rule 51, a party does not need to request findings or object to the findings entered in order to preserve the issue for appeal. Rule 52 does not require findings on rulings under Rule 12 or Rule 56, or on other motions, except where another rule or law calls for them.
Frequently Asked Questions
Do I need to ask the judge for findings of fact before I can appeal?
No. Rule 52 states that neither requests for findings nor objections to the findings entered are necessary to preserve the issue for review.
How will an appellate court treat the trial judge's factual findings?
The findings will not be set aside unless they are clearly erroneous, and the reviewing court gives deference to the trial court's opportunity to judge witness credibility.
Does Rule 52 require findings on a summary judgment ruling?
Does the judge still have to make findings if an advisory jury was used?
Yes. Because an advisory jury's verdict is not binding, the court must still separately find the facts and state its conclusions of law under Rule 52.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 52). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: findings of fact and conclusions of law coloradobench trial findings rule crcpCRCP 52clearly erroneous standard coloradoadvisory jury findings requirement