Rule 52.Findings and conclusions by the court; judgment on partial findings
Group VI: Trials · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 52
Notes
Drafter’s Note, Amendment Effective January 1, 2005: Subdivision (a) is amended to conform to the 1963 and 1983 amendments to the federal rule by providing that the court’s judgment in a case tried without a jury shall be entered pursuant to Rule 58, that the court may make the findings of fact and conclusions of law required in nonjury cases orally and by including a reference to new subdivision (c) in the last sentence. The revised rule does not include the 1985 amendment to subdivision (a) of the federal rule. The last sentence is added to conform this rule with the change to Rule 56(c) requiring that an order granting summary judgment set forth the undisputed material facts and legal determinations on which the court granted summary judgment. The amendments to subdivision (b) are technical. Subdivision (c) is added. It conforms to the 1991 amendment to the federal rule. The provision parallels revised Rule 50(a), but it applies to nonjury trials. It authorizes the court to enter judgment at any time that it can appropriately make a dispositive finding of fact on the evidence. The new subdivision replaces part of former Rule 41(b), which had authorized a dismissal at the close of a plaintiff’s case if the plaintiff had “failed to prove a sufficient case for the court.” For decisions construing the former provisions of Rule 41(b), which had authorized dismissal for plaintiff’s failure to prove sufficient case for the court, now included in subdivision (c) of this rule, see annotations under heading IV. Involuntary Dismissal, following Rule 50.
Amendment History
Amended eff. 3-16-64; Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
In a bench trial, or a trial with an advisory jury, the judge has to find the facts specially and state legal conclusions separately, whether on the record after the evidence closes or in a written opinion or memorandum, and judgment then follows under Rule 58. The same separate findings and conclusions are required when the court grants or denies an interlocutory injunction. Ordinary motions, including motions under Rule 12 or Rule 56, do not require that kind of formal findings, though the court should still state its reasons for granting or denying them on the record. When a master's findings have been adopted by the court, they count as the court's own. A party can question whether the evidence supports the findings later on, regardless of whether it asked for findings, objected to them, or moved to amend them at the time, and findings will not be overturned unless clearly wrong, with real deference given to the trial court's judgment about witness credibility.
A party has 28 days after service of notice of entry of judgment to move to amend the findings or add new ones, a deadline that cannot be extended under Rule 6(b) and that can be combined with a motion for a new trial under Rule 59. Separately, Rule 52(c) gives the court a bench-trial version of judgment as a matter of law, once a party has been fully heard on an issue and the court finds against that party, the court can enter judgment on any claim or defense that depends on a favorable finding on that issue, or it can wait until all the evidence is in before deciding. Whatever judgment gets entered this way still needs its own supporting findings of fact and conclusions of law.
Frequently Asked Questions
Do I need to have requested findings of fact to challenge the sufficiency of the evidence on appeal?
No. A party may question whether the evidence supports the findings later, whether or not it requested findings, objected to them, or moved to amend them.
How does a judge decide the facts in a bench trial under Rule 52?
The judge states factual findings and legal conclusions separately, either on the record after the evidence closes or in a written opinion or memorandum of decision, with judgment then entered under Rule 58.
How long do I have to ask the court to amend or add findings after judgment?
28 days after service of written notice of entry of judgment, and that deadline cannot be extended under Rule 6(b).
What is a judgment on partial findings, and how does it relate to a jury-trial motion for judgment as a matter of law?
It is the bench-trial counterpart to Rule 50, once a party has been fully heard on an issue and the court rules against it, the court may enter judgment on any claim or defense that turns on that issue, without waiting for the rest of the case to play out.