(a) Effect. 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. Requests for findings are not 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 of motions under Rules 12 or 56 or any other motion except as provided in subdivisions (b) and (c) of this rule.
Rule 52.Findings by the Court.
Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 52 requires the court to make specific factual findings and legal conclusions when it, rather than a jury, decides the facts of a case.
Full Text of Rule 52
(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. When findings of fact are made in actions tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made in the circuit court an objection to such findings or has made a motion to amend them or a motion for judgment.
(c) Judgment on partial findings. If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue, or the court may decline to render any judgment until the close of all the evidence. Such a judgment shall be supported by findings of fact and conclusions of law as required by subdivision (a) of this rule.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
When a case is tried to the court alone or with an advisory jury, the court must find the facts specially and state its legal conclusions separately, with judgment entered under Rule 58; the same goes for granting or denying an interlocutory injunction. Nobody has to formally request findings to preserve the issue for appeal, and an appellate court won't set aside factual findings unless they're clearly erroneous, giving weight to the trial court's chance to judge witness credibility firsthand. A master's findings, once the court adopts them, count as the court's own, and findings tucked into an opinion or memorandum of decision are good enough. Findings and conclusions aren't required at all for rulings on motions under Rule 12 or 56, or most other motions, except where subdivisions (b) and (c) of this rule say otherwise.
A party can move within 10 days of judgment to have the court amend its findings, make additional ones, and adjust the judgment accordingly, and that motion can be paired with a motion for a new trial under Rule 59; a challenge to the sufficiency of the evidence supporting the findings can be raised later even if the party never objected to the findings or moved to amend them at trial. Separately, if a party has been fully heard on an issue in a bench trial and the court rules against that party on it, the court can enter judgment as a matter of law on any claim or defense that turns on that issue, or wait until all the evidence is in before ruling, so long as that judgment is backed by its own findings and conclusions.
Frequently Asked Questions
Does a party have to request findings of fact to challenge them on appeal?
No. Rule 52(a) makes clear that requests for findings aren't necessary to preserve the issue for review.
How hard is it to overturn a trial court's factual findings on appeal?
Hard: findings of fact won't be set aside unless clearly erroneous, and appellate courts give weight to the trial court's opportunity to judge witness credibility.
Can a party ask the court to change its findings after judgment?
Yes. Rule 52(b) lets a party move within 10 days after judgment to amend the findings, make additional findings, and adjust the judgment accordingly, and that motion can be combined with a motion for a new trial.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 52). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: findings of fact and conclusions of lawbench trial findingsjudgment on partial findings