In all actions tried upon the facts without a jury or with an advisory jury,
the court shall find the facts specially and state separately its conclusions of law
thereon and direct the entry of the appropriate judgment; 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 for its action.
Requests for findings are not necessary for purposes of review.
Findings of fact, whether based on oral or documentary evidence, shall 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 adopted by the court, shall be considered as
the findings of the court.
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 or in an accompanying memorandum.
Findings of fact and conclusions of law are unnecessary on decisions on motions
pursuant to Rule 12 or 56 or any other motion except as provided in Rules 23.08(c)
FINDINGS OF FACT
CONCLUSIONS OF LAW
- WITHOUT THEM;
THERE IS NOTHING TO APPEAL
- WITHOUT THEM;
THERE ISN'T REALLY ANY ORDER
- CONSTITUTE THE GROUNDS
FACTS & LAW SECTION
OF YOUR LEGAL MEMORANDUM
IN SUPPORT OF YOUR MOTION
MN RCP 12 Defenses & Objections; When and How Presented; By Pleading or Motion; Motion for
- RULE 12 MOTION FOR DISMISSAL
FED Rule 12 DEFENSES & OBJECTIONS.pdf
- FROM RULE 81: RULES SUPERSCEDED
BY THESE STATUTES
MN RCP 56 Summary Judgment.pdf
- RULE 56 MOTION FOR SUMMARY JUDGMENT
- Rule 56 SUMMARY JUDGMENT.pdf
Rule 41. Dismissal of Actions
- 41.02(b) After the plaintiff has completed the presentation of evidence, the defendant, without waiving the right to
offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the
facts and the law, the plaintiff has shown no right to relief.
In an action tried by the court without a jury, the court as trier of the fact may then determine the facts and
render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence.
If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in
Upon motion of a party served and heard not later than the time allowed for a motion
for new trial pursuant to Rule 59.03, the court may amend its findings or make additional
findings, and may amend the judgment accordingly if judgment has been entered.
The motion may be made with a motion for a new trial and may be made on the files,
exhibits, and minutes of the court.
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 district court an objection to such
findings or has made a motion to amend them or a motion for judgment.
(Amended effective March 1, 2001.)
- MOTION TO AMEND FINDINGS OF FACT
NOTICE OF ERROR; PRESERVE ERROR
- SO IF YOU CAN MAKE DAMN SURE THAT YOUR
ADVERSARY NEVER EVER GETS A STITCH ONTO
THE RECORD THEN YOU CAN MAINTAIN TOTAL
CONTROL; MAKING CERTAIN THE MATTER WILL
NEVER GO UP FOR AN APPEAL
- FORMAL OBJECTION:
CHALLENGE TO THE SUFFICIENCY OF EVIDENCE
59.03 Time for Motion
- A notice of motion for a new trial shall be served within 30 days after a general verdict or service
of notice by a party of the filing of the decision or order; and the motion shall be heard within 60
days after such general verdict or notice of filing, unless the time for hearing be extended by the
court within the 60-day period for good cause shown.
Advisory Committee Comment—2006 Amendment
Rule 52.01 is amended to renumber one of the rule cross-references to reflect the
amendment and renumbering of Rule 23 as part of the amendments effective
January 1, 2006.
- RULE 23 CLASS ACTIONS
- Advisory Committee Comment--2000 Amendments
Although the text of this Rule 52.02 is not changed substantively by these amendments, it is worth
noting that Rule 59.03, governing the time for filing a motion for a new trial is changed to expand
the time from 15 days to 30 days for filing motion and from 30 days to 60 days for having the
This amendment has the practical effect of extending the time for filing a motion for amended
findings under Rule 52 because Rule 52.02 incorporates the filing and hearing time limits of Rule 59.
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