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 trial court an objection to such findings or has made a motion to amend them or a motion for judgment or a motion for a new trial.
Rule 52.03.Sufficiency of evidence to support findings.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceIn a case tried without a jury, a party may challenge the sufficiency of the evidence behind the court's findings later, whether or not the party objected to the findings at trial or filed a motion to amend, for judgment, or for a new trial.
Full Text of Rule 52.03
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 52.03 removes a trap that could otherwise catch parties in a bench trial. In a jury trial, failing to object at the right moment can waive an argument. Rule 52.03 says that rule doesn't carry over to challenges of whether the evidence supports the judge's findings.
A party doesn't have to have objected to the findings when they were entered, or filed a motion to amend them, or moved for judgment, or moved for a new trial, to later argue the evidence didn't support what the court found. The sufficiency question stays open for later review regardless.
Frequently Asked Questions
Do I have to object to a judge's findings at trial to challenge them later?
No. Rule 52.03 lets a party raise the sufficiency of the evidence behind the findings later even without having objected, moved to amend the findings, moved for judgment, or moved for a new trial.
What kind of cases does Rule 52.03 apply to?
It applies to actions tried by the court without a jury, where the court makes its own findings of fact.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 52.03). 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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