Rule 52.Findings and Conclusions in a Nonjury Proceeding; Judgment on Partial Findings
Group VI: Trials · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 52 requires a judge who tries a case without a jury to find the facts specially and state legal conclusions separately, protects those findings from reversal unless they are clearly erroneous, and lets the court enter judgment on part of a case once a party has been fully heard on an issue that decides it.
(1)In general. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court.
(2)For an interlocutory injunction. In granting or refusing an interlocutory injunction, the court must similarly state the findings and conclusions that support its action.
(3)For a motion. The court is not required to state findings or conclusions when ruling on a motion under Rule 12 or 56 or, unless these rules provide otherwise, on any other motion.
(4)Effect of a master's findings. A master's findings, to the extent adopted by the court, must be considered the court's findings.
(5)Questioning the evidentiary support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings.
(6)Setting aside the findings. Findings of fact, including findings in juvenile matters, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.
(b)Amended or additional findings. On a party's motion filed no later than 28 days after notice of entry of judgment, 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 under Rule 59.
(c)Judgment on partial findings. If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. The court may, however, decline to render any judgment until the close of the evidence. A judgment on partial findings must be supported by findings of fact and conclusions of law as required by Rule 52(a).
Explanatory Note
Rule 52 was amended, effective August 1, 1971; March 1, 1986; March 1, 1994; March 1, 1997; March 1, 1998; March 1, 2004; March 1, 2011.
A choice between two permissible views of the evidence is not clearly erroneous when the trial court's findings are based either on physical or documentary evidence, or inferences from other facts, or on credibility determinations. Prior decisions of the supreme court to the contrary are to be disregarded.
Subdivision (a) was amended, effective March 1, 1994, to expressly provide that findings of fact, whether based on oral or documentary evidence, are not to be set aside unless clearly erroneous. Subdivision (a) was further amended, effective March 1, 2004, to provide that findings of fact in juvenile matters, including referee findings adopted by the district court, are not to be set aside unless clearly erroneous. Prior decisions of the supreme court to the contrary are to be disregarded.
Subdivision (b) was amended, effective March 1, 2011, to increase the time to file a motion to amend findings from 15 to 28 days after notice of entry of judgment.
Subdivision (c) was added, effective March 1, 1994, to track the 1991 federal amendment, by authorizing the court in a non-jury trial to enter judgment at any time that the court can make a dispositive finding of fact on the evidence against any party. A judgment on partial findings should not be entered before the close of evidence unless certification is appropriate under Rule 54(b).
N.D.R.Ct. 7.1 explains the preparation of orders, decrees, findings of fact and conclusions of law. Rule 52 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Rule 52(a) requires a court trying a case on the facts, whether alone or with an advisory jury, to find the facts specially and state its legal conclusions separately, either on the record after the evidence closes or in a written opinion or memorandum decision. The same requirement applies when the court grants or denies an interlocutory injunction. The court doesn't need to state findings or conclusions when ruling on a Rule 12 or Rule 56 motion, or on most other motions, and any findings a master makes that the court adopts become the court's own findings. A party can question whether the evidence supports the findings later on, whether or not the party asked for findings, objected to them, or moved to amend them at the time.
Rule 52(a)(6) sets the standard of review that gives these findings their weight: they must not be set aside unless clearly erroneous, and a reviewing court has to give real weight to the trial court's chance to judge the witnesses firsthand. That protection covers findings based on oral testimony as well as physical or documentary evidence, inferences drawn from other facts, and credibility calls, and it extends to findings in juvenile matters as well. A choice between two reasonable readings of the evidence isn't clearly erroneous just because an appellate court might have read it differently.
Rule 52(b) lets a party ask the court to amend its findings or make additional ones, and to amend the judgment to match, by filing a motion no later than 28 days after notice of entry of judgment; that motion can travel alongside a Rule 59 new-trial motion. Rule 52(c) gives the court a tool for narrowing a case mid-trial: once a party has been fully heard on an issue and the court rules against that party on it, the court may enter judgment on any claim or defense that, under the controlling law, rises or falls on that issue — without waiting for the rest of the evidence, though it can choose to wait if it prefers. A judgment on partial findings still needs the same findings of fact and conclusions of law that any other bench-trial judgment does.
Frequently Asked Questions
Does a judge have to explain the reasoning behind a ruling after a bench trial?
Yes. Rule 52(a)(1) requires the court to find the facts specially and state its conclusions of law separately, either on the record or in a written opinion or memorandum decision.
How hard is it to overturn a trial judge's factual findings on appeal?
Hard. Rule 52(a)(6) bars setting aside findings of fact unless they are clearly erroneous, and requires the reviewing court to give real weight to the trial judge's opportunity to assess witness credibility firsthand.
Do I have to object to the judge's findings at trial before I can challenge whether the evidence supports them?
No. Rule 52(a)(5) lets a party question the sufficiency of the evidence behind the findings later, regardless of whether the party requested findings, objected to them, or moved to amend them.
How long do I have to ask the court to amend or add to its findings after a bench trial?
Rule 52(b) sets a deadline of 28 days after notice of entry of judgment, and the motion can accompany a Rule 59 motion for a new trial.
Can a judge rule against me on part of my case before hearing all the evidence?
Yes. Rule 52(c) allows the court to enter judgment on a claim or defense once a party has been fully heard on a dispositive issue and the court rules against that party on it, though the court may also choose to wait until the close of the evidence.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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