In one sentenceRule 52 requires a judge trying facts without a jury to make separate factual findings and legal conclusions, limits when findings are required on motions or provisional remedies, and lets a party ask the court to amend its findings after judgment.
(1)In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.
(2)Findings of fact and conclusions of law are necessary on decisions of any motion or order ex mero motu only when requested by a party and as provided by Rule 41(b). Similarly, findings of fact and conclusions of law are necessary on the granting or denying of a preliminary injunction or any other provisional remedy only when required by statute expressly relating to such remedy or requested by a party.
(3)If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein.
(b)Amendment. – Upon motion of a party made not later than 10 days after entry of judgment the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may be made with a motion for a new trial pursuant to Rule 59.
(c)Review on appeal. – 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 be raised on appeal 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 request for specific findings.
Amendment History
(1967, c. 954, s. 1; 1969, c. 895, s. 12.)
Plain-English Summary
Rule 52(a) requires a judge trying an action on the facts without a jury, or with an advisory jury, to find the facts specially, state conclusions of law separately, and direct entry of the appropriate judgment. Findings and conclusions on a motion or an order the court enters on its own are required only when a party requests them or Rule 41(b) calls for them; the same limit applies to a preliminary injunction or other provisional remedy, required only when a statute governing that remedy demands it or a party requests it. A filed opinion or memorandum of decision satisfies the requirement as long as it contains the findings and conclusions.
Rule 52(b) lets a party move, within 10 days of judgment, to have the court amend its findings or make additional findings and amend the judgment to match, and this motion may be combined with a Rule 59 motion for a new trial. Rule 52(c) lets a party challenge, on appeal, whether the evidence sufficiently supports the findings made in a bench trial, regardless of whether that party objected to the findings, moved to amend them, moved for judgment, or requested specific findings in the trial court.
Frequently Asked Questions
Must a judge trying a case without a jury explain the reasoning behind the judgment?
Yes. Rule 52(a) requires separately stated findings of fact and conclusions of law directing the judgment entered.
Are findings of fact required on every motion a judge rules on?
No. Findings and conclusions on a motion or a court-initiated order are required only when a party requests them or Rule 41(b) requires them.
Can a party challenge the sufficiency of the evidence behind a bench-trial finding without objecting to it first?
Yes. Rule 52(c) allows that challenge on appeal regardless of whether the party objected, moved to amend, moved for judgment, or requested specific findings below.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 52). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:findings of fact and conclusions of lawbench trial findingsmotion to amend findingssufficiency of evidence on appealfindings on preliminary injunctionfindings by the court without a jury