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Rule 52.Findings and Conclusions by the Court; Judgment on Partial Findings

Last amended December 1, 2009 · Last verified June 30, 2026

In one sentenceRule 52 requires the court in a bench trial to find the facts specially and state its conclusions of law separately; those findings of fact are not set aside unless clearly erroneous, and motions to amend them are due within 28 days after judgment.

Full Text of Rule 52

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(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).
End

Amendment History

(Amended December 27, 1946, effective March 19, 1948; January 21, 1963, effective July 1, 1963; April 28, 1983, effective August 1, 1983; April 29, 1985, effective August 1, 1985; April 30, 1991, effective December 1, 1991; April 22, 1993, effective December 1, 1993; April 27, 1995, effective December 1, 1995; April 30, 2007, effective December 1, 2007; March 26, 2009, effective December 1, 2009.)

Plain-English Summary

When a case is tried to the judge rather than a jury, Rule 52 tells the judge to show the work. The court must find the facts specially and state its conclusions of law separately — orally on the record or in writing, and the findings and conclusions may appear in an opinion or memorandum.

These findings carry weight on appeal: a trial court’s findings of fact will not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial judge’s opportunity to assess the credibility of witnesses. The rule also allows judgment on partial findings — once a party has been fully heard on an issue, the court may decide that issue against it — and lets a party move to amend the findings or add to them within 28 days after the entry of judgment.

Frequently Asked Questions

What must a judge do after a bench trial?

Find the facts specially and state the conclusions of law separately, orally or in writing (Rule 52(a)).

What is the “clearly erroneous” standard?

The deferential standard an appeals court uses to review a trial judge’s fact findings: they stand unless the reviewing court is left with a definite conviction that a mistake was made (Rule 52(a)(6)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 52), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source
Also known as: FRCP 52Fed. R. Civ. P. 52findings of fact and conclusions of lawclearly erroneousbench trial findingsjudgment on partial findings