Rule 52.Findings and conclusions by the court; amended findings; waiver of findings and conclusions; correction of the record; judgment on partial findings
Part VI: Trials · Last amended May 1, 2016 · Last verified July 13, 2026
In one sentenceRule 52 requires a judge to write out the facts and legal conclusions behind a non-jury verdict, sets the process for amending those findings, and lets a court rule against a party mid-trial once that party's evidence on an issue is complete.
(1)In all actions tried upon the facts without a jury or with an advisory jury, the court must find the facts specially and state separately its conclusions of law. The findings and conclusions must be made part of the record and may be stated in writing or orally following the close of the evidence. Judgment must be entered separately under Rule 58A.
(2)In granting or refusing interlocutory injunctions the court must similarly set forth the findings of fact and conclusions of law that support its action.
(3)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.
(4)Findings of fact, 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 credibility of the witnesses.
(5)The findings of a master, to the extent that the court adopts them, must be considered as the findings of the court.
(6)The trial court need not enter findings of fact and conclusions of law in rulings on motions granted under Rules 12(b), 50, 56, and 59, but, when the motion is based on more than one ground, the court must issue a brief written statement of the ground for its decision.
(b)Amended or additional findings. Upon motion of a party filed not later than 28 days after 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)Waiver of findings of fact and conclusions of law. Except in actions for divorce, the parties may waive findings of fact and conclusions of law:
(1)by default or by failing to appear at the trial;
(2)by consent in writing, filed in the action;
(3)by oral consent in open court, entered in the minutes.
(d)Correction of the record. If anything material is omitted from or misstated in the transcript of an audio or video record of a hearing or trial, or if a disagreement arises as to whether the record accurately discloses what occurred in the proceeding, a party may move to correct the record. The motion must be filed within 14 days after the transcript of the hearing is filed, unless good cause is shown. The omission, misstatement or disagreement will be resolved by the court and the record made to accurately reflect the proceeding.
(e)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 non-final judgment against the party on a correction of the record; judgment on partial findings 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 non-final judgment on partial findings must be supported by findings of fact and conclusions of law as required by paragraph (a).
Amendment History
Amended effective January 1, 1987; July 1, 2009; May 1, 2014; May 1, 2016.
Advisory Committee Notes
The 2016 amendments adopt the plain-language style of Federal Rule of Civil Procedure 52. And, like the federal rule, the 2016 amendments move a provision found in Rule 41(b) to this rule. Formerly, if a plaintiff had presented its case and the evidence did not support the claim, the court — in a trial by the court — could find for the defendant without having to hear the defendant’s evidence. The equivalent provision now found in paragraph (e) extends that principle to claims other than the plaintiff’s and, if a party’s evidence on any particular element of the cause of action is complete but insufficient, allows the court to make findings and conclusions and enter judgment accordingly.
Plain-English Summary
When a case goes to trial without a jury — either to the judge alone or with an advisory jury — Rule 52 requires the judge to write down the facts found and the legal conclusions that follow from them. Those findings become part of the record and can be delivered in writing or read aloud once the evidence closes. The judgment itself gets entered separately, under Rule 58A, so the findings and the judgment are two distinct documents.
A losing party doesn't have to have asked for findings, objected to them, or moved to amend them before challenging whether the evidence supports what the judge found. On appeal, findings of fact stand unless they're clearly erroneous, and appellate courts defer to the trial judge's read on which witnesses to believe. If the court appointed a master to help sort out the facts, whatever the judge adopts from the master's report counts as the judge's own findings.
Judges don't have to write formal findings when ruling on certain motions — dismissal under Rule 12(b), judgment as a matter of law under Rule 50, summary judgment under Rule 56, or a new trial under Rule 59 — though if the motion rests on more than one ground, the judge must at least explain briefly which ground decided it. After judgment, a party has 28 days to ask the court to amend or add findings, and that motion can ride along with a Rule 59 motion for a new trial.
Parties can waive findings altogether — by defaulting or not showing up for trial, by written consent filed in the case, or by consenting on the record in open court — except in divorce cases, where findings are never optional. If the record of a hearing is wrong or incomplete, a party can move to fix it, usually within 14 days after the transcript is filed. And if one side's evidence on a particular claim or defense is complete but comes up short, the judge doesn't have to wait for the rest of the trial — the judge can enter a non-final judgment against that party on that issue, backed by findings and conclusions of its own.
Frequently Asked Questions
Why does a judge have to write out findings of fact and conclusions of law?
Rule 52 makes the judge's reasoning part of the record in any case tried without a jury. Written findings tell the parties why they won or lost on the facts, and they give an appellate court something concrete to review instead of guessing at the trial judge's reasoning.
How long do I have to ask the court to amend or add to its findings?
You have 28 days after entry of judgment to file a motion asking the court to amend its findings or make additional ones. You can combine this motion with a motion for a new trial under Rule 59.
Can the parties skip findings of fact and conclusions of law?
Yes, except in divorce cases. Parties can waive findings by defaulting or failing to appear at trial, by written consent filed with the court, or by consenting on the record in open court.
What if the trial transcript is wrong or missing something?
A party can move to correct the record. That motion is due within 14 days after the transcript is filed, though the court can accept a later motion for good cause. The court then decides what the record should say.
What is a 'judgment on partial findings,' and how does it differ from a directed verdict?
It's the bench-trial version of a directed verdict. If a party has been fully heard on an issue during a non-jury trial and the evidence doesn't support that party's position, the judge can enter judgment against that party on the spot rather than waiting for the rest of the trial. Utah moved this power here in 2016; it used to live in Rule 41(b).
Does a judge have to explain every ruling on a motion?
No. Rulings on motions under Rules 12(b), 50, 56, and 59 don't require formal findings. But if the motion could have been decided on more than one ground, the judge must give a brief written statement of which ground the ruling rests on.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as:findings of fact and conclusions of law utahamend findings after judgment utahjudgment on partial findings utahwaiver of findings of fact utahutah rule 52urcp 52bench trial findings utah court