In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specifically and state separately its conclusions of law thereon and render an appropriate judgment; and in granting or refusing temporary injunctions or permanent 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 except as provided in Rule 52.04. 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 commissioner, 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 Rule 41.02.
Rule 52.01.When required; effect.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 52.01 requires a judge trying facts without a jury, or with an advisory jury, to make specific findings of fact and separate conclusions of law -- including for injunction rulings -- sets the clearly-erroneous standard for reviewing those findings on appeal, and lists the motions for which findings are not required.
Full Text of Rule 52.01
Amendment History
(Amended effective March 1, 1974; amended October 4, 2012, effective January 1, 2013.)
Plain-English Summary
When a case is tried to the judge alone, or to an advisory jury, Rule 52.01 requires the judge to spell out the facts found and state the legal conclusions drawn from them, separately from each other, before entering judgment. The same requirement applies when the court grants or denies a temporary or permanent injunction -- the court has to lay out the factual findings and legal conclusions behind that ruling too.
A party does not have to ask the trial court for findings in order to challenge them later; that requirement applies only where Rule 52.04 says otherwise. On appeal, though, the findings themselves get deference: they will not be set aside unless clearly erroneous, and the reviewing court gives weight to the trial judge's position to judge which witnesses were credible. If the case involved a commissioner, whatever findings the court adopts from the commissioner's report count as the court's own findings. And if the judge writes an opinion or memorandum of decision that lays out the facts and legal conclusions, that filing satisfies the rule -- there is no need for a separate, formally labeled set of findings.
Some rulings need no findings or conclusions at all: decisions on motions under Rule 12 or Rule 56, and any other motion, are exempt except where Rule 41.02 requires them.
Frequently Asked Questions
Does a judge have to explain the facts behind a ruling in a bench trial?
Yes. In any action tried on the facts without a jury, or with an advisory jury, the court must find the facts specifically and state its conclusions of law separately, then render an appropriate judgment.
Can findings of fact from a bench trial be overturned on appeal?
Only if they are clearly erroneous. The reviewing court also gives regard to the trial court's opportunity to judge the credibility of the witnesses.
Do I need findings of fact and conclusions of law for a ruling on a motion to dismiss or for summary judgment?
No. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 or Rule 56, or any other motion, except as provided in Rule 41.02.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 52.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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