(a) Effect. In all actions tried upon the facts without a jury the court may, and shall upon the request of any party to the suit or when required by these rules, find the facts specially and state separately its conclusions of law thereon and judgment shall be entered accordingly.
Rule 52.Findings by the Court
Chapter VI: Trials · Last amended July 1, 1997 · Last verified July 14, 2026
In one sentenceRule 52 requires a judge trying a case without a jury to make separate findings of fact and conclusions of law when a party asks or another rule requires it, and lets any party move within ten days of judgment to amend those findings.
Full Text of Rule 52
(b) Amendment. Upon motion of a party filed not later than ten days after entry of judgment or entry of findings and conclusions, or upon its own initiative during the same period, the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may accompany a motion for a new trial pursuant to Rule 59. 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 regardless of whether the party raising the question has made in court an objection to such findings or has filed a motion to amend them or a motion for judgment or a motion for a new trial.
Advisory Committee Notes
Rule 52(a) requires a trial court, in cases tried without a jury, to make specific findings of fact and conclusions of law when such findings and conclusions are requested by a party or when such findings and conclusions are required by the Mississippi Rules of Civil Procedure. In the absence of a party’s request for such findings and conclusions or a rule requiring such findings and conclusions, the trial court “may” make such findings and conclusions. See Gulf Coast Research Laboratory v. Amaraneni, 722 So. 2d 530, 534-35 (Miss. 1998). The principal purpose of the rule is to provide the appellate court with a record regarding what the trial court did—the facts it found and the law it applied, in part so that the appellate court can refrain from deciding issues of fact and issues that were not decided by the trial court. Tricon Metals & Services, Inc. v. Topp, 516 So. 2d 236, 239 (Miss. 1987). “In cases of any significant complexity the word ‘may’ in Rule 52(a) should be construed to read ‘generally should.’ In other words, in cases of any complexity, tried upon the facts without
a jury, the Court generally should find the facts specially and state its conclusions of law thereon.” Id. In contested complex cases, a trial court’s “failure to make findings of ultimate fact and conclusions of law will generally be regarded as an abuse of discretion.” Id. “[F]indings of fact by the chancellor, together with the legal conclusions drawn from those findings, are required [in cases involving the division of marital assets].” Ferguson v. Ferguson, 639 So. 2d 921, 929 (Miss. 1994).
General findings of fact and conclusions of law may technically comply with Rule 52’s requirements despite a party’s request for specific findings of fact and conclusions of law. See Lowery v. Lowery, 657 So. 2d 817, 819 (Miss. 1995) (citing Century 21 Deep South Prop. v. Corson, 612 So. 2d 359, 367 (Miss. 1992)). If a trial court fails to make even general findings of fact and conclusions of law when specific findings of fact and conclusions of law are requested by a party, remand to the trial court may be necessary unless the evidence is so overwhelming so as to make findings unnecessary. See Lowery v. Lowery, 657 So. 2d 817, 819 (Miss. 1995).
A trial court has discretion to adopt a party’s proposed findings of fact and conclusions of law. Rice Researchers, Inc. v. Hiter, 512 So. 2d 1259, 1266 (Miss. 1987). A trial court’s factual findings, even in cases where the trial court adopts verbatim a party’s proposed findings of fact, will be reviewed for abuse of discretion. Bluewater Logistics, LLC v. Williford, 55 So. 3d 148, 157 (Miss. 2011).
See also the Uniform Chancery Court Rules regarding findings by the court.
Amendment History
Effective July 1, 1997, Rule 52(b) was amended to clarify that a motion to amend the trial court’s findings must be filed not later that ten days after entry of judgment. 689 So. 2d XLIX (West Miss. Cas. 1997).
[Adopted effective July 1, 1997.]
Plain-English Summary
When a case is tried to the court instead of a jury, Rule 52(a) puts the judge's reasoning on the record. If a party requests it, or if another rule calls for it, the court must set out its findings of fact and its conclusions of law separately, with judgment entered accordingly. Absent a request or a rule requiring it, the court still may do so on its own.
Rule 52(b) gives either side — or the court itself — a short window to fix the record. A motion to amend the findings or add new ones must come no later than ten days after the judgment or the findings and conclusions were entered, and the court can act on its own initiative during that same period. This motion can travel alongside a motion for a new trial under Rule 59, so a party doesn't have to choose between the two.
The rule also protects a party who stayed quiet at the time. A challenge to whether the evidence supports the court's findings can still be raised later, whether or not the party objected in court, moved to amend the findings, moved for judgment, or moved for a new trial.
Frequently Asked Questions
Does a judge always have to write out findings of fact after a bench trial?
Not automatically. Rule 52(a) requires specific findings of fact and conclusions of law only when a party requests them or when another rule requires them. Without either, the court may still make findings, but it isn't required to.
How long do I have to ask the court to amend its findings after a bench trial?
Rule 52(b) gives you ten days after entry of the judgment or the findings and conclusions to file a motion to amend or to request additional findings.
Can I combine a motion to amend the findings with a motion for a new trial?
Yes. Rule 52(b) allows the motion to amend findings to accompany a motion for a new trial filed under Rule 59.
If I didn't object to the court's findings at trial, can I still challenge whether the evidence supports them?
Yes. Rule 52(b) preserves that challenge regardless of whether you objected in court or filed a motion to amend the findings, a motion for judgment, or a motion for a new trial.
Can the judge amend the findings without any party asking?
Yes. Rule 52(b) lets the court amend its findings or make additional findings on its own initiative, so long as it does so within the same ten-day period that applies to a party's motion.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as: ms bench trial findings of factmotion to amend findings mississippirule 52 ten day deadline msfindings and conclusions mississippi civil