Rule 52.Findings by the Court
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 52
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.