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Rule 62.Findings of Fact

Current through June 1, 2026 · Last verified July 11, 2026

In one sentenceGoverns findings of fact and conclusions of law in a bench trial — when a party can demand special findings, how proposed findings are served and objected to, the deadlines for the court to rule, and the binding effect the findings carry once entered.

Full Text of Rule 62

Text sizeJump to: A. B. C. D. E. F.

A. NECESSITY Whenever any party appearing in a civil action tried by the court so demands prior to the commencement of the trial, the court shall make special findings of fact, and shall state separately its conclusions of law thereon. In the absence of such a demand for special findings, the court may make either general or special findings. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact or conclusions of law appear therein.
B. PROPOSED FINDINGS; OBJECTIONS Within 10 days after the court has made its decision, any special findings requested by any party, or proposed by the court, shall be served upon all parties who have appeared in the case and shall be filed with the clerk; and any party may, within 10 days after such service, object to such proposed findings or any part thereof, and request other, different, or additional special findings, whether or not such party has previously requested special findings. Any such objections or requests for other, different, or additional special findings shall be heard and determined by the court within 30 days after the date of the filing thereof; and, if not so heard and determined, any such objections and requests for such other, different, or additional special findings shall conclusively be deemed denied.
C. ENTRY OF JUDGMENT Upon (1) the determination of any objections to proposed special findings and of any requests for other, different, or additional special findings, or (2) the expiration of the time for filing such objections and requests if none is filed, or (3) the expiration of the time at which such objections or requests are deemed denied, the court shall enter the appropriate order or judgment. Any such judgment or order filed prior to the expiration of the periods above set forth shall be deemed not entered until the expiration of said periods.
D. EXTENDING OR LESSENING TIME Prior to the expiration of the times provided in sections B. and C. of this rule, the time for serving and filing special findings, or for objecting to and requesting other, different, or additional special findings, may be extended or lessened by the trial court upon the stipulation of the parties or for good cause shown; but in no event shall the time be extended more than 30 days.
E. NECESSITY Requests for findings of fact or objections to findings are not necessary for purposes of appellate review.
F. EFFECT OF FINDINGS OF FACT In an action tried without a jury, except as provided in ORS 19.415 (3), the findings of the court upon the facts shall have the same force and effect, and be equally conclusive, as the verdict of a jury.

Amendment History

[CCP 12/2/78; § F amended by CCP 12/14/02 eff. 1/1/04]

Plain-English Summary

Rule 62 is the bench-trial counterpart to a jury's verdict: it tells the court how to record what it decided and why. If a party demands special findings before trial starts, the court must issue separate findings of fact and conclusions of law; without that demand, the court can choose general or special findings, and either one can appear inside a written opinion or memorandum of decision rather than a standalone document.

Once the court decides, a clock starts. Within 10 days, any special findings that a party requested or the court proposed must be served on everyone who has appeared in the case and filed with the clerk. Any party then has 10 more days to object or ask for different or additional findings, even a party who never requested findings in the first place. The court has 30 days from the filing of those objections and requests to rule on them; if it doesn't, they're deemed denied automatically. The court then enters judgment once it has ruled on any objections, once the time to file them has run out with none filed, or once they're deemed denied, and any judgment filed before those deadlines run isn't treated as entered until they do. The parties can extend or shorten the 10-day windows for serving and filing findings and for objecting to them, whether by stipulation or for good cause shown, but never by more than 30 days.

Two closing points round out the rule. A party doesn't have to request findings or object to them to preserve issues for appeal; that step isn't a prerequisite the way it is for jury instructions under Rule 59. And once entered, the court's findings of fact in a non-jury trial carry the same force and are just as conclusive as a jury's verdict, except as ORS 19.415(3) provides otherwise.

Frequently Asked Questions

Do I need to ask for special findings before a bench trial to get them?

Only if you want to guarantee separate findings of fact and conclusions of law: demand them before trial starts. Without a demand, the court may still make general or special findings on its own, and they can appear inside a written opinion instead of a standalone document.

How long does the court have to rule on objections to proposed findings?

Thirty days after the objections or requests are filed. If the court doesn't rule within that window, the objections and requests are automatically deemed denied.

Do I have to object to the court's findings to preserve my right to appeal?

No. Rule 62 says requests for findings or objections to them are not necessary for appellate review, unlike jury instructions, where a timely exception is generally required.

How much weight do a judge's findings of fact carry compared to a jury verdict?

The same. Except as ORS 19.415(3) provides otherwise, a court's findings of fact in a non-jury trial have the same force and are equally conclusive as a jury's verdict.

Source & verification. The rule text is reproduced verbatim from the official Oregon Rules of Civil Procedure (ORCP 62). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. · Official source
Also known as: bench trial findings of fact oregonfindings of fact and conclusions of law oregonobjecting to proposed findings oregonspecial findings civil trial oregon