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Rule 52.Findings and Conclusions by the Court.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 52 lets the court make findings and conclusions, requires them once a notice of appeal is filed, and gives 10 days to move to amend them.

Full Text of Rule 52

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(a) (a) Effect. In all actions tried in the family court, the court may find the facts and state its conclusions of law thereon or may announce or write and file its decision and direct the entry of the appropriate judgment; except upon notice of appeal filed with the court, the court shall enter its findings of fact and conclusions of law where none have been entered, unless the written decision of the court contains findings of fact and conclusions of law. To aid the court, the court may order the parties or either of them to submit proposed findings of fact and conclusions of law, within 10 days after the filing of the notice of appeal or within 10 days of the filing of a request for entry of findings of fact and conclusions of law under Rule 10(f) of the Hawaiʻi Rules of Appellate Procedure, unless such time is extended by the court. Requests for findings are not necessary for purposes of review. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. If a decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. For cases maintained in JIMS, proposed findings of fact and conclusions of law shall be submitted in accordance with Rule 9 of the Hawaiʻi Electronic Filing and Service Rules and in any other manner ordered by the court. For cases maintained in JIMS, the proposed findings of fact and conclusions of law shall be attached to a coversheet which includes “Proposed” in its title, although the title of the attached findings of fact and conclusions of law shall not include the word “Proposed”. For cases which are not included in JIMS, proposed findings of fact and conclusions of law shall be attached to a coversheet which includes “Proposed” in its title, shall be conventionally filed, and a courtesy copy shall be provided to the Court
(b) (b) Amendment. Upon motion of a party made not later than 10 days after entry of judgment the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may be made with a motion for a new trial pursuant to Rule 59 of these Rules. When findings of fact are made by the court, the question of sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made in the family court an objection to such findings or has made a motion to amend them or a motion for judgment.
End

Amendment History

(Amended March 30, 2022, effective April 25, 2022.)

Plain-English Summary

In an action tried in the family court, the court may find the facts and state its conclusions of law, or may announce or write and file a decision and direct entry of judgment. Findings are not automatic.

They become mandatory at one point. On a notice of appeal being filed, the court shall enter findings of fact and conclusions of law where none have been entered, unless its written decision already contains them. An appellant is not left without a basis to argue from.

A party may move within 10 days after entry of judgment to have the court amend its findings or make additional ones, and amend the judgment accordingly. That motion may be combined with a motion for a new trial under Rule 59. Once findings are made, the sufficiency of the evidence to support them may be raised on appeal whether or not the party objected below or moved to amend.

This is one of the deadlines Rule 6(b) puts beyond the court power to enlarge, along with the motions in Rules 59 and 60(b).

Frequently Asked Questions

Are findings of fact required in Hawaii family court?

Not in every case. The court may find the facts and state conclusions of law, or announce or file a decision and direct entry of judgment.

When must the court enter findings?

On a notice of appeal being filed, where none have been entered and the written decision does not contain them.

How long do I have to ask for amended findings?

Ten days after entry of judgment. The motion may be joined with a motion for a new trial under Rule 59.

Can that deadline be extended?

No. Rule 6(b) bars the court from extending the time for acting under Rule 52(b), except as that rule itself allows.

Can I challenge the evidence on appeal without objecting below?

Yes. Once findings are made, the question of sufficiency of the evidence may be raised whether or not the party objected or moved to amend.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 52). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source
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