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Rule 52 – Findings and Conclusions by the Court; Amended Findings; Waiver of Findings and Conclusions; Correction of the Record; Judgment on Partial Findings

May 14, 2021 | Civil Procedure, Utah

(a) Findings and conclusions.

(a)(1) In all actions tried upon the facts without a jury or with an advisory jury, the court shall 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.
(a)(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.
(a)(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.
(a)(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.
(a)(5) The findings of a master, to the extent that the court adopts them, must be considered as the findings of the court.
(a)(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 no 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:

(c)(1) by default or by failing to appear at the trial;
(c)(2) by consent in writing, filed in the action;
(c)(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 10 days after the transcript of the hearing is filed, unless good cause is shown. The omission, misstatement or disagreement shall 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 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).

Utah. R. Civ. P. 52

Amended effective May 1, 2016.

Advisory Committee Note

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.