Notes of Advisory Committee on Rules-1946 Amendment 363 (1924).įor examples of an assimilation of the review of findings of fact in cases tried without a jury to the review at law as made in several states, see Clark and Stone, Review of Findings of Fact, 4 U. 315 (1933) Oklahoma, Wichita Mining and Improvement Co. 546 (1920) New York, York Mortgage Corporation v. 169 (1935) Minnesota, State Bank of Gibbon v. (Deering, 1937) §956a but see 20 Calif.Law Rev. In the following states the review of findings of fact in all non-jury cases, including jury waived cases, is assimilated to the equity review: Alabama, Code Ann. The parties may waive this requirement for findings in California, Idaho, North Dakota, Nevada, New Mexico, Utah, and South Dakota. §§232, 291 (in actions before referees or for possession of and damages to land) Connecticut, Gen.Stats. In the following states findings of fact are required in all cases tried without a jury (waiver by the parties being permitted as indicated at the end of the listing): Arkansas, Civ.Code (Crawford, 1934) §364 California, Code Civ.Proc. Silver King Consolidated Mining Co., 204 Fed. It is applicable to all classes of findings in cases tried without a jury whether the finding is of a fact concerning which there was conflict of testimony, or of a fact deduced or inferred from uncontradicted testimony. The rule stated in the third sentence of Subdivision (a) accords with the decisions on the scope of the review in modern federal equity practice. The provisions of U.S.C., Title 28, §§773 (Trial of issues of fact by court) and 875 (Review in cases tried without a jury) are superseded insofar as they provide a different method of finding facts and a different method of appellate review. 25, 1935 (Findings of Fact and Conclusions of Law), and U.S.C., Title 28, §764 (Opinion, findings, and conclusions in action against United States) which are substantially continued in this rule. Notes of Advisory Committee on Rules-1937 A judgment on partial findings must be supported by findings of fact and conclusions of law as required by Rule 52(a). The court may, however, decline to render any judgment until the close of the evidence. 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 motion may accompany a motion for a new trial under Rule 59. 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. 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 witnesses’ credibility. 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. A master's findings, to the extent adopted by the court, must be considered the court's findings. The court is not required to state findings or conclusions when ruling on a motion under Rule 12 or 56 or, unless these rules provide otherwise, on any other motion. In granting or refusing an interlocutory injunction, the court must similarly state the findings and conclusions that support its action. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately.
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