Rule 52.Findings and conclusions by the court; judgment on partial findings.
Last verified July 1, 2026
Full Text of Rule 52
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
In a case tried on the facts without a jury, or with an advisory jury, the court must find the facts specially and state its legal conclusions separately if a party requests this before trial. The findings can be stated on the record, in a minute entry, or in a written opinion, and the same requirement applies when a court grants or denies an interlocutory injunction. Findings aren't required when ruling on a Rule 12 or Rule 56 motion, or most other motions, and a master's findings become the court's own to the extent the court adopts them. A party can question the sufficiency of the evidence behind the findings later, regardless of whether it requested findings or objected at trial, and findings of fact won't be set aside unless clearly erroneous, with real deference given to the trial court's read on witness credibility.
A party can move to amend or add to the findings within 15 days after judgment, a deadline that generally cannot be extended, and this motion can accompany a Rule 59 new-trial motion. Separately, once a party has been fully heard on an issue during a nonjury trial and the court would rule against it, the court may enter judgment against that party on any claim or defense that depends on a favorable finding on that issue — though the court can also choose to wait until all the evidence is in. Parties may also skip a full trial altogether by submitting an agreed statement of facts, which the court must decide the case on unless it finds the statement insufficient.
Frequently Asked Questions
Do I have to request findings of fact, or does the judge make them automatically?
You have to request them before trial. Without a request, the court isn't required to state findings and conclusions separately.
Can the findings be given orally instead of in writing?
Yes. They can be stated on the record after the close of evidence, or appear in a minute entry or written opinion.
What is a "judgment on partial findings" and when can the court enter one?
It's a judgment entered against a party on a claim or defense before the trial ends, once that party has been fully heard on an issue the claim or defense depends on and the court would rule against it. The court can also wait until the close of evidence instead.
Can I challenge the sufficiency of the trial court's findings even if I didn't object at trial?
Yes. A party may question the evidentiary support for findings later regardless of whether it requested findings, objected, or moved to amend them.