(a) Findings. In all actions tried upon the facts without a jury or with an advisory jury, the Superior Court justice or, if an electronic recording was made in the District Court, the District Court judge, shall, upon the request of a party made as a motion within 7 days after the statement of the decision in open court, or the entry of the decision or judgment on the docket, whichever comes first, or may upon its own motion, find the facts specially and state separately its conclusions of law. Such findings and conclusions may be made in summary form and may be made orally, provided that, in every action for termination of parental rights, the court shall make specific findings of fact and state its conclusions of law thereon as required by 22 M.R.S. § 4055. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Any motion made pursuant to Rule 52(a) must include the proposed findings of fact and conclusions of law requested. The court is not required to make findings of fact and conclusions of law on decisions of motions under Rules 12 or 56, or in small claims actions.
Rule 52.Findings by the Court
Last amended July 1, 2015 · Last verified July 8, 2026
In one sentenceRule 52 requires the trial court, in any case tried without a jury or with only an advisory jury, to make findings of fact and conclusions of law on a timely motion or its own initiative, and sets the clearly-erroneous standard those findings get on review.
Full Text of Rule 52
(b) Amended or Additional Findings. The court may, upon motion of a party filed not later than 14 days after entry of judgment, amend its findings or make additional findings and may amend the judgment if appropriate. The motion may be made with a motion for a new trial or a motion to alter or amend the judgment pursuant to Rule 59. Any motion made pursuant to Rule 52(b) must include the proposed findings of fact and conclusions of law requested.
(c) Effect. 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 referee, to the extent that the court adopts them, shall be considered as the findings of the court.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note – July 2015
In Rule 52(a), the amendment adds entry of judgment “on the docket” to the events that start the seven-day period to request findings and clarifies that “entry of the decision” means entry of the decision on the docket. The amendment also adds language to Rule 52(a) and (b) requiring that every motion for findings of fact be accompanied by proposed findings of fact and conclusions of law. This requirement has been specifically imposed on Rule 52(b) motions through case law for more than a decade. Bell v. Bell, 1997 ME 154, 697 A.2d 835. Citing Bell, the Court reiterated this requirement in Dalton v. Dalton, 2014 ME 108, ¶ 21, 99 A.3d 723: “Any motion made pursuant to Rule 52 must ‘state with specificity the findings of fact and conclusions of law requested.’” And, discussing Rule 52(b) in Wandishin v. Wandishin, 2009 ME 73, 976 A.2d 949, the Court stated:
The purpose of motions for findings of additional facts pursuant to M.R. Civ. P. 52(b) is to seek specific fact-findings to support conclusions not already addressed by facts found in the court’s opinion. Such motions should concisely indicate the conclusions on which additional fact-finding is desired and, in best practice, suggest particular facts to be found that are supported by the record and are relevant to the conclusion at issue.
Id. ¶ 18 (emphasis added). Because it is important for the court to be apprised of the issues the moving party wishes to have addressed, the rule now requires that, regardless of whether a litigant makes a motion under (a) or (b), it is the litigant’s responsibility to include with the motion suggested findings that are both specific and supported by the record.
Finally, this amendment adds language to Rule 52(a) to clarify that findings of fact and conclusions of law are not necessary in rulings made on the summary processes of small claims.
Advisory Note – June 2014
Rule 52 has been amended to eliminate confusion under the prior version of the Rule, which gave parties a 5-day deadline from notice of decision to request findings of fact and a 10-day deadline after notice of findings to move for additional or amended findings.
Amended Rule 52(a) now provides that the deadline for a motion for findings of fact and conclusions of law is set at 7 days after the statement of the decision in open court or the entry of the decision, whichever comes first. If any party seeks detailed findings of facts or seeks to have the court amend its existing findings, that party shall file a motion for additional or amended findings under Rule 52(b). The deadline for filing that motion has now been set at 14 days after entry of judgment. This is the same deadline set for renewed motions for judgment as a matter of law under Rule 50(b), for motions for a new trial under Rule 59(b), and for motions to alter or amend a judgment under Rule 59(e).
Advisory Committee’s Note — February 1, 1983
This amendment to Rule 52(a) is designed to correlate this rule with the changes made in Rule 41(b) (2) and Rule 50(d).
Advisory Committee’s Note — April 15, 1975
A problem may arise as to when the time for appeal under Rule 73(a) starts running when a request for findings of fact and conclusions of law is made after a judge, sitting without a jury, has ordered the entry of judgment and the judge complies with the request to make findings but does not direct the entry of any judgment. Under the existing rule it might be argued that the judge’s failure to “direct the entry of the appropriate judgment” after making the requested findings left the case without a then appealable judgment. The amendment makes clear that no judgment is required after the making of findings unless the appropriate judgment would differ from the judgment originally directed. It at the same time follows that the original judgment remains appealable. Of course the provisions of Rule 73(a) extending the time for taking an appeal where there has been a timely motion under Rule 52(a) eliminate any necessity for filing a protective appeal prior to the judge’s making the requested findings.
Reporter’s Notes — December 1, 1959
This rule is like Federal Rule 52 with one important modification. Under Maine practice in equity separate findings of law and fact are required upon request of either party. R.S.1954, Chap. 107, Sec. 26 (repealed in 1959). A judge sitting without jury at law is under no such duty. See Sacre v. Sacre, 143 Me. 80, 101, 55 A.2d 592, 603 (1947). The merger of law and equity calls for the same treatment in this respect of matters of legal and equitable cognizance. The rule provides for findings of fact and conclusions of law upon request in all non-jury cases, but permits the request to be made within 5 days of notice of the decision. The Federal rule requires findings and conclusions in all non-jury cases. It is believed that this would be an unnecessary burden on trial judges with limited stenographic facilities. There are many cases where it is obvious that there will be no appeal so that a general finding is sufficient.
The rule provides that findings of fact shall not be set aside unless clearly erroneous. It is believed that this standard corresponds to the present Maine law, both at law and in equity, although the court has formulated the standard in various ways. Law: Ray v. Lyford, 153 Me. 408, 140 A.2d 749 (1958) (no error if supported by “any credible evidence”); Ayer v. Androscoggin & Kennebec Ry., 131 Me. 381, 163 A. 270 (1932) (findings final “so long as they find support in the evidence”); Chabot & Richard Co. v. Chabot, 109 Me. 403, 84 A. 892 (1912) (findings final “if there is any evidence to support them”). Equity: Strater v. Strater, 147 Me. 33, 83 A.2d 130 (1951) (findings conclusive “unless clearly wrong”). Superior Court justice sitting as Supreme Court of Probate: Cotting v. Tilton, 118 Me. 91, 106 A. 113 (1919) (findings conclusive “if there is any evidence to support them”). There is no intention to change the law in this respect.
Rule 52(b) permits a motion for amendment of findings only if made within 10 days after notice of the findings. This departure from Federal Rule 52(b), which measures the time from entry of judgment, is necessary since under Rule 52(a) findings need be made only upon request.
Plain-English Summary
In a bench trial, or a trial with only an advisory jury, the court must find the facts specially and state its conclusions of law separately on a party's motion, filed within 7 days of the decision being announced in open court or entered on the docket, whichever comes first, or on the court's own initiative. Findings can be brief and delivered orally — except in a termination-of-parental-rights case, where the court must make specific findings and conclusions as the governing statute requires. A written opinion or memorandum of decision satisfies the rule if the findings and conclusions appear in it, and any motion requesting findings must include the proposed findings and conclusions the moving party wants. No findings are required on a Rule 12 or Rule 56 motion, or in a small claims action.
Subdivision (b) lets a party ask, within 14 days of judgment, for amended or additional findings, often paired with a motion for a new trial or to alter or amend the judgment under Rule 59. Subdivision (c) sets the standard of review: findings of fact stand unless clearly erroneous, with real deference given to the trial court's read on witness credibility, and any referee's findings the court adopts count as the court's own findings.
Frequently Asked Questions
When must a trial court make findings of fact and conclusions of law?
In any action tried without a jury or with only an advisory jury, on a party's motion filed within 7 days of the decision being announced or entered, or on the court's own initiative; a written opinion or memorandum satisfies the requirement if the findings and conclusions appear in it.
Can findings of fact be given orally instead of in writing?
Yes, findings and conclusions can be made in summary form and delivered orally, except in a termination-of-parental-rights case, where the court must make specific written findings and conclusions as required by statute.
What standard applies when a party challenges the trial court's findings of fact?
Findings of fact are not set aside unless clearly erroneous, with the reviewing court giving real weight to the trial court's opportunity to judge witness credibility.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 52), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: findings of fact and conclusions of lawclearly erroneous standardbench trial findings Maineamended findings motion