Rule 52.Findings by the Court
Part VI. Trials · Last amended January 2, 1987 · Last verified September 4, 2026
Full Text of Rule 52
Rule History
Amended effective July 1, 1984; amended December 15, 1986, effective January 2, 1987.
Plain-English Summary
Rule 52 is where a domestic relations trial produces a reviewable record, and it has two distinct triggers.
Findings on written motion
In actions tried on the facts without a jury, the court shall find the facts specially and state separately its conclusions of law — but only on a written motion made prior to final argument, and only where either party or the court has requested appointment of a stenographer pursuant to Rule 202, or the trial was recorded electronically. Both conditions have to hold. A party who wants findings therefore has to think about the record before the trial, not after it.
Requests for findings are not necessary for purposes of review. If an opinion or memorandum of decision is filed, it is sufficient if the findings and conclusions appear in it. Findings of fact and conclusions of law are unnecessary on decisions of motions, except as Rule 41(b)(2) provides for an involuntary dismissal at the close of the plaintiff's evidence.
Findings after a property division
The second trigger has no civil counterpart. Where the court enters judgment pursuant to General Laws chapter 208 § 34 — the statute governing the division of marital property and alimony — it shall issue findings of fact and conclusions of law within sixty days of the filing of a notice of appeal.
Note how differently that works. It is not triggered by a motion, it is not conditioned on a stenographer, and it runs from the notice of appeal rather than from the trial. The judgment comes first, and the findings follow only if someone appeals.
Standard of review, and masters
Findings of fact shall not be set aside unless clearly erroneous, with due regard to the trial court's opportunity to judge the credibility of the witnesses. And the findings of a master, to the extent the court adopts them, are considered the findings of the court — which connects to Rule 53(h)(1), where the court accepts a master's subsidiary findings unless they are clearly erroneous, mutually inconsistent, unwarranted by the evidence, or tainted by error of law.
Amendment, and the transcript
Subsection (b) allows a motion to amend or add findings not later than 10 days after entry of the findings, and the court may amend the judgment accordingly. The motion may be joined with a Rule 59 motion for a new trial. The sufficiency of the evidence to support findings may be raised on review whether or not the party objected below or moved to amend.
Subsection (c) puts the cost on the party who asked: on a written motion under (a), that party shall order from the stenographer and file the original of a transcript of such parts of the proceedings as the court determines material, and shall make satisfactory arrangements for payment at the time of ordering.
Frequently Asked Questions
How do I get findings of fact in a Probate and Family Court trial?
By written motion made prior to final argument, and only where either party or the court has requested appointment of a stenographer pursuant to Rule 202 or the trial was recorded electronically.
Are findings automatic after a property division?
Not automatic, but not dependent on a motion either. Rule 52(a) provides that where the court enters judgment pursuant to General Laws chapter 208 § 34 it shall issue findings of fact and conclusions of law within sixty days of the filing of a notice of appeal.
What is the standard for overturning a finding of fact?
Findings of fact shall not be set aside unless clearly erroneous, and due regard is given to the opportunity of the trial court to judge the credibility of the witnesses.
How long do I have to move to amend findings?
Not later than 10 days after entry of the findings. The court may then amend its findings, make additional findings, and amend the judgment accordingly. The motion may be made together with a motion for a new trial under Rule 59.
Do I have to object to findings to challenge them on appeal?
Rule 52(b) provides that where findings of fact are made in an action tried without a jury, the question of the sufficiency of the evidence to support the findings may be raised whether or not the party raising it objected to the findings in the trial court or moved to amend them or for judgment.
Who pays for the transcript?
Rule 52(c) requires the party making a written motion under Rule 52(a) to order the transcript from the stenographer and file the original of such parts of the proceedings as the court determines material, and to make satisfactory arrangements with the stenographer for payment of the cost at the time of ordering.