Rule 52 – Findings by the Court

May 14, 2021 | Civil Procedure, Ohio

When questions of fact are tried by the court without a jury, judgment may be general for the prevailing party unless one of the parties in writing requests otherwise before the entry of judgment pursuant to Civ. R. 58, or not later than seven days after the party filing the request has been given notice of the court’s announcement of its decision, whichever is later, in which case, the court shall state in writing the findings of fact found separately from the conclusions of law.

When a request for findings of fact and conclusions of law is made, the court, in its discretion, may require any or all of the parties to submit proposed findings of fact and conclusions of law; however, only those findings of fact and conclusions of law made by the court shall form part of the record.

Findings of fact and conclusions of law required by this rule and by Civ. R. 41(B)(2) and Civ. R. 23(G)(3) are unnecessary upon all other motions including those pursuant to Civ. R. 12, Civ. R. 55 and Civ. R. 56.

An opinion or memorandum of decision filed in the action prior to judgment entry and containing findings of fact and conclusions of law stated separately shall be sufficient to satisfy the requirements of this rule and Civ. R. 41(B)(2).

Ohio. Civ.R. 52

Effective:July 1, 1970; amended effective July 1, 1971;July 1, 1989;July 1, 2015.

Staff Note (July 1, 2015 Amendments)

The rule is amended to (1) replace “conclusions of fact” with “findings of fact” in the first paragraph of the rule and (2) include a reference to the findings of fact and conclusions of law required by Civ. R. 23(G)(3).