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Rule 52 – Findings by the Court

May 14, 2021 | Civil Procedure, Vermont

(a)Findings and Conclusions.

(1)Procedure. In all actions tried upon the facts without a jury or with an advisory jury, the court shall, upon request of a party participating in the trial made on the record or in writing within 7 days after notice of the decision, or may upon its own initiative, find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. The court may set a date subsequent to the close of the evidence by which requests for findings must be submitted.
(2) Effect. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, notwithstanding the verbatim adoption by the court of a party’s proposed findings. Due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses and the weight of the evidence. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. It will be sufficient if 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.
(3) Other Required Findings. In all determinations of motions in which (a) the decision of the court is based upon a contested issue of fact, (b) the decision is or could be dispositive of a claim or action, and (c) a party has, within five days of the notice of decision, requested findings of fact and conclusions of law, the court shall, on the record or in writing, find the facts and state its conclusions of law.
(b)Amendment. Upon motion of a party filed not 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 be made with a motion for a new trial pursuant to Rule 59. When findings of fact are made in actions tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made in the superior court an objection to such findings or has made a motion to amend them or a motion for judgment.
(c)Judgment on Partial Findings. If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue, or the court may decline to render any judgment until the close of all the evidence. Such a judgment shall be supported by findings of fact and conclusions of law as provided in subdivision (a) of this rule, whether or not requested by a party.

Vt. R. Civ. P. 52

Amended Oct. 21, 1983, eff. Jan. 1, 1984; Nov. 25, 1986, eff. March 1, 1987; Dec. 14, 1989, eff. March 1, 1990; Nov. 4, 1994, eff. March 1, 1995; Oct. 11, 2006, eff. Dec. 11, 2006; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018 Amendment

Rule 52(a) is amended to extend its 5-day time periods to the 7 days consistent with the simultaneous “day is a day” amendments of V.R.C.P. 6. Rule 52(b) is amended for consistency with the current federal standard for motion practice, which was extended from 10 days to 28 days.