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Rule 52.Findings by the Court

Current through July 1, 2026 · Last verified July 13, 2026

In one sentenceRule 52 requires a judge trying a case without a jury, or with only an advisory jury, to find facts, spells out when written findings are required or available on request, and lets a party ask the court to amend findings before a motion to correct errors is due.

Full Text of Rule 52

Text sizeJump to: (A) (B) (C) (D)

(A) Effect. In the case of issues tried upon the facts without a jury or with an advisory jury, the court shall determine the facts and judgment shall be entered thereon pursuant to Rule 58. Upon its own motion, or the written request of any party filed with the court prior to the admission of evidence, the court in all actions tried upon the facts without a jury or with an advisory jury (except as provided in Rule 39[D]) shall find the facts specially and state its conclusions thereon. The court shall make special findings of fact without request
(1) in granting or refusing preliminary injunctions;
(2) in any review of actions by an administrative agency; and
(3) in any other case provided by these rules or by statute. On appeal of claims tried by the court without a jury or with an advisory jury, at law or in equity, the court on appeal shall not set aside the findings or judgment unless clearly erro- neous, and due regard shall be given to the opportunity of the trial court to judge the cred- ibility of the witnesses. The findings of a master, and answers to questions or interrogatories submitted to the jury shall be considered as findings of the court to the extent that the court adopts them. If an opinion or memorandum of decision is filed, it will be sufficient if the find- ings of fact and conclusions appear therein. Findings of fact are unnecessary on decisions of motions under Rules 12 or 56 or any other motion except as provided in Rule 41(B) (dis- missal) and 59(J) (motion to correct errors).
(B) Amendment of findings and judgment--causes therefor. Upon its own motion at any time before a motion to correct errors (Rule 59) is required to be made, or with or as part of a motion to correct errors by any party, the court, in the case of a claim tried without a jury or with an advisory jury, may open the judgment, if one has been entered, take additional testimony, amend or make new findings of fact and enter a new judg- ment or any combination thereof if:
(1) the judgment or findings are either against the weight of the evidence, or are not sup- ported by or contrary to the evidence;
(2) special findings of fact required by this rule are lacking, incomplete, inadequate in form or content or do not cover the issues raised by the pleadings or evidence;
(3) special findings of fact required by this rule are inconsistent with each other; or
(4) the judgment is inconsistent with the special findings of fact required by this rule. Failure of a party to move to modify the findings or judgment under this subdivision and fail- ure to object to proposed findings or judgment or such findings or judgment which has been entered of record shall not constitute a waiver of the right to raise the question in or with a motion to correct errors, or on appeal.
(C) Proposed findings. In any case where special findings of facts and conclusions thereon are to be made the court shall allow and may require the attorneys of the parties to submit to the court a draft of find- ings of facts and conclusions thereon which they propose or suggest that the court make in such a case.
(D) Findings upon part of the issues. The court may make special findings of fact upon less than all the issues in a case when:
(1) special findings of fact are made but are not required under this rule; or
(2) findings are required because of the request of a party or parties who have demanded findings only upon such specified issues. The court’s failure to find upon a material issue upon which a finding of fact is required by this subdivision or this rule shall not be resolved by any presumption and may be challenged under subdivision (B) of this rule; but findings of fact with respect to issues upon which find- ings are not required shall be recognized as findings only upon the issues or matters covered thereby and the judgment or general finding, if any, shall control as to the other issues or matters which are not covered by such findings.

Amendment History

This rule’s current text took effect February 16, 1989. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.

Plain-English Summary

When a civil case is tried without a jury, or with an advisory jury whose verdict does not bind the judge, Rule 52(A) puts the judge in the role the jury would otherwise play: determining the facts and entering judgment on them under Rule 58. Sometimes the judge has to go further and issue special findings — a detailed, issue-by-issue account of what the judge found true and the conclusions drawn from it — rather than a bare ruling. That happens automatically when the court grants or denies a preliminary injunction, when the court is reviewing an administrative agency’s action, or whenever another rule or statute calls for it. Beyond those situations, either side can trigger the same requirement just by filing a written request before evidence starts coming in, or the judge can choose to make special findings without anyone asking. On appeal, those findings and the judgment built on them stand unless clearly wrong, and the appellate court gives real weight to the trial judge’s read on witness credibility, since the judge — not the appellate panel — watched the witnesses testify. Findings are not required for rulings on most motions, including motions under Rules 12 and 56, with two exceptions carved out for dismissals under Rule 41(B) and for parts of a motion to correct errors under Rule 59(J).

Subsection (B) gives the trial court a path to revisit its own findings and judgment. Acting on its own before a motion to correct errors is due, or as part of a party’s motion to correct errors, the court can reopen the judgment, take more evidence, and amend or add findings for four reasons: the findings or judgment run against the weight of the evidence or are not supported by it, the required special findings are missing or too thin to cover the issues raised, the findings contradict each other, or the findings and the judgment do not match up. Rather than fixing a set number of days after judgment, as some other court systems do, Indiana ties this deadline to whenever a motion to correct errors under Rule 59 would be due, keeping the two rules on the same clock. A party who does not object to the findings when they are first entered, or does not move to modify them right away, has not given anything up — the rule preserves the right to raise the same problem later in a motion to correct errors or on appeal.

Subsection (C) lets the lawyers get involved in drafting: the court has to let them, and can require them, to submit their own proposed findings and conclusions for the judge to consider. Subsection (D) confirms that a judge does not have to make findings on every issue in the case — only on the ones the rule requires or a party specifically asked about. If the court skips a finding it was required to make, a reviewing court will not just assume the gap resolves itself one way or the other; that omission can be challenged under subsection (B). And where a judge volunteers findings on issues nobody was entitled to demand them on, those findings bind only the matters they cover — the general judgment controls everything else.

Frequently Asked Questions

Does Rule 52 apply to jury trials?

No. It applies only when a case is tried without a jury, or with an advisory jury whose findings do not bind the judge. In an ordinary jury trial, the jury — not Rule 52 — determines the facts.

Am I entitled to detailed findings of fact just by asking for them?

Yes, if you file a written request before evidence starts coming in. Detailed findings are also required automatically for rulings on preliminary injunctions and for review of administrative agency decisions, or whenever another rule or statute calls for them.

What does “clearly erroneous” mean when an appellate court reviews the trial judge’s findings?

It means the findings and the judgment stand unless the appellate court is convinced they are wrong, and the reviewing court gives real deference to how the trial judge assessed the credibility of witnesses, since the trial judge saw and heard them testify.

Can I ask the court to fix or add to its findings after judgment is entered?

Yes, on any of four grounds: the findings or judgment go against the weight of the evidence, the required findings are incomplete or do not cover the issues, the findings contradict each other, or the findings and the judgment do not line up. This has to happen before a motion to correct errors is due, or as part of that motion.

If I don’t object to the findings right away, do I lose the right to challenge them later?

No. Rule 52(B) says explicitly that failing to move to modify the findings, or failing to object to them when entered, does not waive the right to raise the same issue in a motion to correct errors or on appeal.

Does the judge have to make a finding on every issue in the case?

No. Findings are required only on the issues the rule specifically covers or that a party asked the court to address. The general judgment covers whatever the findings do not reach.

Can my lawyer submit proposed findings for the judge to use?

Yes. The court has to allow it, and can require it — the attorneys can submit a draft of the findings and conclusions they think the judge should adopt.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 52). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. · Official source
Also known as: findings of fact and conclusions of law indianabench trial findings indianaclearly erroneous standard indianaspecial findings indiana civil caseamend findings of fact indianaindiana trial rule 52