Rule 52.Findings by the Court

Part VI: Trials · Last amended 2006 · Last verified July 16, 2026

In one sentenceRule 15-6-52 requires a judge in a nonjury trial to find the facts specially and state conclusions of law separately, sets the clearly erroneous standard for reviewing those findings, describes how findings get prepared and signed, and lists the ways the parties can waive them.

Full Text of Rule 15-6-52

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(a) Effect of court’s findings. In all actions tried upon the facts without a jury or with an advisory jury, the court shall, unless waived as provided in § 15-6-52(b), find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to § 15-6-58. In granting or refusing temporary restraining orders or preliminary injunctions, the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Findings of fact, whether based on oral or documentary evidence, may not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. The findings of a referee, to the extent that the court adopts them, shall be considered as the findings of the court. Findings of fact and conclusions of law need not be made if a temporary restraining order or preliminary injunction is entered in an action arising under chapters 25-3 and 25-4.

It will be sufficient if the findings of fact and conclusions of law are stated orally and recorded in open court following the close of the evidence, or appear in an opinion or memorandum of decision filed by the court. Alternatively, the court may direct counsel for the prevailing party to prepare findings; and counsel shall, within ten days after announcement of the decision, unless otherwise ordered, prepare, serve, and submit to the court with copies to opposing counsel, or to the parties of record to the action if not represented by counsel, proposed written findings of fact and conclusions of law together with the proposed judgment or decree.

The court may not sign any findings therein prior to the expiration of five days after service of the proposed findings during which time the parties may in writing submit to the court and serve on their adversaries their objections or additional proposals. Thereafter the court shall make or enter such findings and conclusions as may be proper.

Any action or decision of the court in making or modifying findings of fact or conclusions of law shall be deemed excepted to, but the failure of the court to make a finding or conclusion on a material issue is not to be deemed excepted to unless such finding or conclusion has been proposed to or requested from the court.

If an opinion or memorandum of decision is filed, the facts and legal conclusions stated therein need not be restated but may be included in the findings of fact and conclusions of law by reference.

Findings of fact and conclusions of law are unnecessary on decisions of motions under § 15-6-12 or 15-6-56 or any other motion except as provided in § 15-6-41(b).

(b) Waiver of findings of fact and conclusions of law. Findings of fact and conclusions of law are waived by failing to appear at the trial, by consent in writing filed with the clerk, by oral consent in open court, or by entering into a stipulation of facts for consideration by the court.

End

Plain-English Summary

Rule 15-6-52 governs what a judge owes the parties after deciding a case without a jury, or with only an advisory jury. Unless the parties waive them, the court must find the facts specially and state its conclusions of law separately, with judgment then entered under Rule 15-6-58. The same obligation applies when the court grants or refuses a temporary restraining order or preliminary injunction — the findings and conclusions have to show the grounds for that decision too, with a narrow exception for certain domestic actions. On review, those findings do not get set aside unless clearly erroneous, and the trial court’s read on witness credibility gets real weight, because the trial judge, not the reviewing court, watched the witnesses testify.

The rule is practical about how findings get made. They can be stated orally on the record right after the evidence closes, or they can live in a written opinion or memorandum of decision. Alternatively, the court can direct the prevailing party’s counsel to draft them — counsel then has ten days to prepare, serve, and submit proposed findings, conclusions, and a proposed judgment to the other side and the court. The court cannot sign anything until five days after service of those proposed findings, giving the other parties a window to submit written objections or their own proposed additions before the court finalizes them.

Not every gap in a set of findings is automatically fair game on appeal. Rule 15-6-52 treats a court’s findings and conclusions as excepted to without further action, but a court’s failure to make a finding or conclusion on a material issue is excepted to only if that finding or conclusion was proposed or requested. A findings-heavy opinion or memorandum does not need to be copied word for word into the formal findings; it can be incorporated by reference. And findings and conclusions are not required at all when the court rules on certain motions, including a Rule 15-6-56 summary judgment motion, since those rulings turn on the absence of a factual dispute rather than resolving one.

Parties can also give up the right to findings altogether. Rule 15-6-52(b) lists the ways to do that: failing to appear at trial, filing written consent with the clerk, giving oral consent in open court, or entering into a stipulation of facts for the court to consider.

Frequently Asked Questions

Does a South Dakota judge have to explain the factual findings behind a bench trial ruling?

Yes, unless the parties waive that requirement. Rule 15-6-52(a) requires the court to find the facts specially and state its conclusions of law separately in actions tried without a jury or with only an advisory jury.

What standard does an appellate court use to review a trial judge’s findings of fact?

Rule 15-6-52(a) sets a clearly erroneous standard, and it directs that due regard be given to the trial court’s opportunity to judge the credibility of the witnesses.

Can the winning party’s attorney be asked to draft the findings of fact and conclusions of law?

Yes. Rule 15-6-52(a) lets the court direct counsel for the prevailing party to prepare, serve, and submit proposed findings, conclusions, and a proposed judgment within ten days of the court’s decision being announced.

How can the parties waive findings of fact and conclusions of law in South Dakota?

Rule 15-6-52(b) lists four ways: failing to appear at trial, filing written consent with the clerk, giving oral consent in open court, or stipulating to the facts for the court’s consideration.

Do I need findings of fact and conclusions of law after the court rules on a summary judgment motion?

No. Rule 15-6-52(a) states that findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 15-6-56 or Rule 15-6-12, or any other motion except as provided in Rule 15-6-41(b).

Amendment History

(a)SDC 1939 & Supp 1960, §§ 33.1403, 33.1405; SD RCP, Rule 52 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 155, § 2; 1980, ch 161; Supreme Court Rule 81-3; Supreme Court Rule 82-31; SL 2000, ch 91, § 1; 2006, ch 326 (Supreme Court Rule 06-52).

(b)SDC 1939 & Supp 1960, §§ 33.1304, 33.1404; SD RCP, Rule 52 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

Source & verification. Rule text and History are reproduced verbatim from the South Dakota Codified Laws, published by the South Dakota Legislative Research Council. Last verified July 16, 2026. · Official source

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