Rule 52. Findings by the Court

52.01 Effect 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) and 41.02.
1. FINDINGS OF FACT & CONCLUSIONS OF LAW
  1. WITHOUT THEM; THERE IS NOTHING TO APPEAL
  2. WITHOUT THEM; THERE ISN'T REALLY ANY ORDER
  3. CONSTITUTE THE GROUNDS (LEGAL BASIS) FACTS & LAW SECTION OF YOUR LEGAL MEMORANDUM IN SUPPORT OF YOUR MOTION
2. MN RCP 12 Defenses & Objections; When and How Presented; By Pleading or Motion; Motion for
  1. RULE 12 MOTION FOR DISMISSAL
3. FED Rule 12 DEFENSES & OBJECTIONS.pdf
  1. FROM RULE 81: RULES SUPERSCEDED BY THESE STATUTES
4. MN RCP 56 Summary Judgment.pdf
  1. RULE 56 MOTION FOR SUMMARY JUDGMENT
5. Rule 56 SUMMARY JUDGMENT.pdf
6. Rule 41. Dismissal of Actions
  1. 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 Rule 52.01.
52.02 Amendment 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.)
1. MOTION TO AMEND FINDINGS OF FACT NOTICE OF ERROR; PRESERVE ERROR
2. 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
3. FORMAL OBJECTION: CHALLENGE TO THE SUFFICIENCY OF EVIDENCE
4. 59.03 Time for Motion
  1. 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.
1. 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 motion heard. 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.
THIS XMind map was authorized by China Brown, EXECUTIVE VICE PRESIDENT OF Lisa Stinocher O'Hanlon on April 8, 2013,
1. How to use my ENTERTAINING study maps:
2. 1
3. Head over to XMind.net.
4. 2
5. Download and install the FREE software.
6. 3
7. Now you can download any XMind map you like from my XMind account to your own computer and use it to work your own case. Save the originals in a special folder so that you can start over if you mess up, or share them with a friend or loved one.
8. 4
9. Please share my maps as much as possible. You can find them here:
10. For more AUTHORIZED mind maps visit: https://www.xmind.net/share/hennalady/
11. http://pinterest.com/thehennalady/
12. http://hennalady.minus.com/uploads
13. http://www.scribd.com/AngryJeweler
14. 6
15. Please take them to your local copy center and have large versions printed. Now you can deliver them to your local child support agency, or to low income neighborhoods, pin them to your local pub bulletin board; bus stops, the break room at work, AA clubs, your local workhouse, --> wherever!
All Minnesota Statutes are Copyright © 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
1. Distribution copy. This document is copyright free; and is NOT FOR SALE at any cost; VOID WHERE PROHIBITED.