Rule 52.Findings and conclusions by the court; judgment on partial findings

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 52 requires a court trying a case without a jury (or with only an advisory jury) to find the facts specially and state its conclusions of law separately, requires findings for certain motions and preliminary injunction rulings, lets findings be amended within 28 days after judgment, and lets the court enter judgment against a party on a fully-heard issue without waiting for the rest of the evidence.

Full Text of Rule 52

Text sizeJump to: (a) (b) (c)

(a) Findings and conclusions.

(1) In general. In an action tried on the facts without a jury or with an advisory jury, the court shall find the facts specially and state its conclusions of law shall separately. The findings and conclusions may be stated on the record after the close of the evidence or in an order. Judgment shall be entered under Rule 58.

(2) For a preliminary injunction. In granting or refusing preliminary injunctions the court shall similarly state the findings and conclusions that support its action.

(3) For a motion. The court shall state findings and conclusions when granting a motion under Rule 12, 23(c)(1), or 56.

(4) Effect of a commissioner’s findings. A Commissioner’s findings, to the extent adopted by the court, shall 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, whether based on oral or other evidence, shall not be set aside unless clearly erroneous, and the reviewing court shall 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 the 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 shall be supported by findings of fact and conclusions of law as required by Rule 52(a).

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

When a judge, not a jury, decides the facts, Rule 52 requires the judge to show the work. In a bench trial (or one with only an advisory jury), the court has to find the facts specially and state its legal conclusions separately, either on the record after the evidence closes or in a written order, before entering judgment. The same separate-findings requirement applies when the court grants or denies a preliminary injunction, and when it grants a motion under Rule 12, Rule 23(c)(1), or Rule 56. A commissioner's findings, once the court adopts them, count as the court's own findings.

A party can challenge the sufficiency of the evidence behind the findings later, whether or not it asked for findings, objected to them, or moved to amend — but the findings themselves don't get set aside unless clearly erroneous, and the reviewing court gives real weight to the trial court's chance to judge witness credibility firsthand. Within 28 days after judgment, a party can move to amend or add findings (and amend the judgment to match), and that motion can ride along with a Rule 59 new-trial motion.

Rule 52(c) also lets the court short-circuit a bench trial: if a party has been fully heard on an issue and the court rules against them on it, the court can enter judgment against that party on any claim or defense that depends on a favorable finding on that issue — without waiting for the rest of the evidence, though it can choose to wait if it prefers. That kind of judgment still needs its own supporting findings and conclusions.

Frequently Asked Questions

Does a judge have to explain a bench-trial ruling in writing?

Yes. Rule 52(a) requires the court to find the facts specially and state its conclusions of law separately, either on the record or in a written order, before entering judgment.

When else does the court have to make separate findings?

When granting or denying a preliminary injunction, and when granting a motion under Rule 12, Rule 23(c)(1), or Rule 56.

Can findings of fact be overturned on appeal?

Only if they're clearly erroneous, and the reviewing court gives deference to the trial court's opportunity to judge witness credibility.

What is "judgment on partial findings"?

A judgment the court can enter against a party, without waiting for the rest of the evidence, once that party has been fully heard on an issue and the court rules against it in a way that resolves a claim or defense depending on that issue.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 52). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: findings of fact and conclusions of lawjudgment on partial findingsclearly erroneous standard