## **Learning Outcomes**

This article explains how Rule 52 governs judicial findings and conclusions in federal civil bench trials, including:

- Determining when Federal Rule of Civil Procedure 52(a)(1) and 52(a)(2) require special findings in nonjury trials and injunction rulings.
- Differentiating jury verdicts from bench trial judgments and recognizing which decisions do and do not trigger Rule 52.
- Classifying issues as findings of fact, conclusions of law, or mixed questions for purposes of MBE-style appellate review.
- Applying the clear-error standard to factual findings, de novo review to legal determinations, and understanding how mixed questions are treated.
- Identifying when no findings are required on motions under Rules 12 and 56 and explaining why that distinction is heavily tested.
- Evaluating the sufficiency, clarity, and completeness of a judge’s findings, including when omissions justify remand or post-trial motions to amend.
- Analyzing the operation of Rule 52(c) judgments on partial findings and contrasting them with Rule 50 JMOL in jury trials.
- Using Rule 52(b) strategically to seek amended or additional findings that strengthen or preserve issues for appeal on the MBE.
- Spotting common exam traps involving bare bench judgments, mislabeled findings, or improper appellate review of factual determinations.

## **MBE Syllabus**

For the MBE, you are required to understand judicial findings and conclusions in the context of verdicts and judgments, with a focus on the following syllabus points:

- The distinction between jury verdicts and bench trial judgments.
- The requirements of Federal Rule of Civil Procedure 52(a)–(c) for findings of fact and conclusions of law in nonjury trials and injunction decisions.
- When findings are not required, especially in rulings on motions under Rules 12 and 56.
- The standard of appellate review for judicial findings: clear error for facts, de novo for legal issues, and the treatment of mixed questions.
- The use of Rule 52(c) judgments on partial findings in bench trials.
- Post-trial motions to amend or make additional findings and how failures in compliance with Rule 52 are handled on appeal.

## **Test Your Knowledge**

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision._

1. In a federal bench trial, what must the judge generally do after hearing the evidence before entering judgment on the merits?
   a) Announce the result only  
   b) State findings of fact and conclusions of law separately  
   c) Poll the parties for agreement  
   d) Submit the case to a jury

2. If a federal trial judge fails to make findings of fact in a bench trial where Rule 52 applies, what is the most likely result on appeal?
   a) The judgment is automatically affirmed  
   b) The appellate court will review de novo and make its own findings  
   c) The judgment may be vacated and remanded for findings  
   d) The appellate court will substitute its own findings only if requested by both parties

3. Under Rule 52, how are findings of fact reviewed on appeal?
   a) De novo  
   b) For abuse of discretion  
   c) For clear error  
   d) Only if objected to at trial

4. In which of the following situations is a federal district court **not** required to state findings of fact and conclusions of law under Rule 52?
   a) After a nonjury trial on the merits  
   b) When granting or denying a permanent injunction after a bench hearing  
   c) When entering judgment on partial findings in a nonjury trial  
   d) When granting summary judgment under Rule 56

## **Introduction**

In federal civil procedure, verdicts and judgments look different depending on whether the case is tried to a jury or to the court. In a jury trial, the jury returns a verdict and the judge enters judgment on that verdict. In a bench (nonjury) trial, the judge serves as both factfinder and law applier, and Federal Rule of Civil Procedure 52 imposes specific requirements for how the judge must record the decision.

Rule 52 is frequently tested on the MBE because it ties together several core exam themes: the division between fact and law, standards of appellate review, and the practical differences between jury verdicts and bench trial judgments. MBE questions often hinge on whether findings were required at all, whether they were adequate, and what an appellate court can do in response.

> **Key Term: Bench Trial**  
> A civil trial in which the judge, rather than a jury, is the trier of fact and decides both factual and legal issues.
>
> **Key Term: Findings of Fact**  
> The trial judge’s determinations in a bench trial about what actually happened, based on the evidence and credibility assessments.
>
> **Key Term: Conclusions of Law**  
> The trial judge’s statements identifying the governing legal rules and applying those rules to the facts found.

Rule 52 is designed to make the basis for a bench judgment transparent and reviewable. Without findings, an appellate court cannot easily determine whether the judge applied the correct law or clearly erred in evaluating the evidence.

### Judicial Findings and Conclusions in Bench Trials

Rule 52(a)(1) provides that, in actions tried on the facts without a jury, “the court must find the facts specially and state its conclusions of law separately.” This requirement applies to:

- A full bench trial on the merits.
- Judgments on partial findings under Rule 52(c).
- Decisions granting or refusing an interlocutory or permanent injunction (Rule 52(a)(2)).

The judge’s findings and conclusions:

- May be stated orally on the record after the close of evidence, or
- May be set out in a written opinion or memorandum of decision.

A formal “Findings of Fact” / “Conclusions of Law” heading is not required. What matters is substance: the record must make clear what facts the judge found and what legal rules were applied.

> **Key Term: Judgment on Partial Findings**  
> A judgment entered in a bench trial under Rule 52(c) when, after a party has been fully heard on an issue, the court finds against that party on that issue and that finding supports judgment on a claim or defense.

#### When Rule 52 Findings Are Required

Rule 52 requires findings and conclusions when:

- The court enters judgment after a nonjury trial on the merits of any claim or defense.
- The court grants or denies a preliminary or permanent injunction (to allow review of the equitable decision).
- The court enters judgment on partial findings under Rule 52(c) in a bench trial.

By contrast, Rule 52(a)(3) states that the court **is not required** to state findings or conclusions when ruling on a motion under Rule 12, Rule 56, or (unless another rule requires them) any other motion. That distinction is a common MBE trap.

> **Key Term: Amended or Additional Findings**  
> Findings the trial court adds or revises after judgment, typically on a timely Rule 52(b) motion asking the court to correct, supplement, or clarify its original findings.

### Distinguishing Findings of Fact and Conclusions of Law

Findings of fact resolve disputed factual questions: who did what, when, where, and how. Examples include:

- Whether the defendant’s statement was made.
- Whether a party reasonably relied on a representation.
- Which witness’s testimony the judge believes.

Conclusions of law state the legal rules and their application:

- That the defendant owed a duty of care.
- That a contract was formed under Article 2 of the UCC.
- That a party has or has not met the elements of a claim or affirmative defense.

> **Key Term: Mixed Question of Law and Fact**  
> An issue that requires applying a legal standard to historical facts, such as whether conduct was “reasonable” or “negligent” under the circumstances.
>
> **Key Term: De Novo Review**  
> Appellate review that gives no deference to the trial court’s determination; the appellate court decides the legal question fresh.

On appeal:

- Pure findings of fact are reviewed for **clear error**.
- Pure legal conclusions are reviewed **de novo**.
- Mixed questions may be reviewed under either standard depending on how the issue is characterized, but for MBE purposes it is usually sufficient to treat factual components as clear-error and legal components as de novo.

> **Key Term: Clear Error Standard**  
> The appellate standard for reviewing findings of fact in a bench trial; a finding is “clearly erroneous” only if, after reviewing the whole record, the appellate court is left with a definite and firm conviction that a mistake has been made, giving due regard to the trial judge’s opportunity to observe witness credibility.

The clear-error standard is highly deferential. The appellate court may not simply reweigh evidence or second-guess credibility determinations.

### Requirements for Judicial Findings

At a minimum, Rule 52 requires that:

- The judge make findings of fact and conclusions of law **separately** (even if combined in a single written opinion).
- The findings are detailed enough to reveal:
  - The factual basis for the judgment, and
  - The legal reasoning supporting it.
- In a bench trial, the judge, acting as factfinder, must resolve all material factual disputes—mere recitation of testimony is not enough.

Rule 52(c) allows the court, in a nonjury trial, to enter judgment on partial findings:

- Once a party has been fully heard on an issue essential to a claim or defense, the judge may:
  - Resolve that issue against the party, and
  - Enter judgment on that claim or defense.
- The resulting judgment must still be supported by findings of fact and conclusions of law on the resolved issues.

If a party believes the findings are incomplete, inconsistent, or legally inadequate, the party may move under Rule 52(b) to amend the findings or make additional findings (often paired with a motion for new trial under Rule 59). This motion must be filed within the time limits for post-trial motions (currently 28 days from entry of judgment).

> **Key Term: Remand**  
> An appellate court’s order sending a case back to the trial court for further proceedings, such as making proper Rule 52 findings or taking additional evidence.

### When Findings Are Not Required

Rule 52(a)(3) carves out important exceptions. The court **need not** make findings of fact and conclusions of law when ruling on:

- A motion under Rule 12 (e.g., motion to dismiss for failure to state a claim).
- A motion under Rule 56 (summary judgment).
- Any other motion (e.g., a motion to compel discovery, a motion to transfer), unless another rule specifically requires findings.

On summary judgment, the court is deciding whether any **genuine dispute of material fact** exists, not resolving such disputes. Findings of fact in that setting would be inappropriate.

### Standards of Appellate Review

Rule 52(a)(6) codifies the clear-error standard:

- Factual findings “must not be set aside unless clearly erroneous.”
- The appellate court gives “due regard” to the trial court’s ability to judge witness credibility.

Legal issues remain fully reviewable:

- Whether the court applied the correct legal standard (e.g., the correct elements of negligence) is reviewed de novo.
- Whether the facts found satisfy a particular legal standard (reasonableness, materiality) may be treated as a mixed question, but exam questions typically treat the legal component as de novo.

In contrast:

- A jury’s fact findings are not explicitly governed by Rule 52; they are reviewed indirectly through standards governing motions for judgment as a matter of law (JMOL) or new trial (could a reasonable jury have reached the verdict?).
- Bench trial findings are reviewed directly under Rule 52.

### Consequences of Failing to Make Findings

If a judge enters judgment in a bench trial with no findings of fact or conclusions of law where Rule 52 requires them, the usual consequence is:

- The court of appeals vacates the judgment and **remands** for proper findings and conclusions.

However:

- If the record is so clear that only one result is legally possible, some courts may affirm despite inadequate findings, treating the error as harmless. For exam purposes, though, expect a remand when findings are missing or seriously deficient.
- A party does **not** waive the right to challenge the sufficiency of the evidence simply by failing to object to the findings at trial. Rule 52(a)(5) allows a party to argue on appeal that the findings are unsupported or contrary to the evidence.

### Application to Jury Trials

In jury trials:

- The jury returns a general verdict, a special verdict, or a general verdict with written questions (Rule 49).
- The judge then enters judgment on that verdict.

Rule 52 does **not** require the judge to make findings of fact or conclusions of law in a jury trial because the jury, not the judge, is the factfinder. The judge may explain legal rulings in written opinions (e.g., on motions), but those are not Rule 52 findings.

This distinction is testable: if a jury has decided the case, do **not** impose Rule 52’s requirements on the judge.

> **Key Term: De Novo Review** (repeated for emphasis)  
> Appellate review under which the reviewing court decides legal questions anew, without deference to the trial court’s legal determinations.

### Interaction with Other Motions and Procedures

Bench trials interact with other procedural devices in ways the MBE may test:

- **JMOL vs. Partial Findings**:
  - In jury trials, the mechanism for taking a case away from the jury is judgment as a matter of law under Rule 50.
  - In bench trials, the analogous device is judgment on partial findings under Rule 52(c), not Rule 50. The judge can decide factual issues and assess credibility when granting a Rule 52(c) motion.

- **New Trial Motions**:  
  A party losing a bench trial can move under Rule 59 for a new trial and/or under Rule 52(b) to amend findings. On appeal, the sufficiency and clarity of the findings are central to review.

- **Injunctions**:  
  When the court grants or denies an injunction after an evidentiary hearing, Rule 52(a)(2) requires findings and conclusions to clarify why the equitable relief was or was not justified.

### **Worked Example 1.1**

A federal district court conducts a bench trial in a contract dispute. After the close of evidence, the judge announces, “Judgment for the plaintiff,” and immediately enters judgment on the docket. The judgment contains no explanation. The defendant appeals, arguing that the judge failed to make findings of fact or conclusions of law.

> **Answer:**  
> The appellate court is likely to vacate the judgment and remand. Under Rule 52(a)(1), when a case is tried without a jury, the judge must find the facts specially and state separately the conclusions of law. Simply announcing “Judgment for the plaintiff” is insufficient and prevents meaningful appellate review.

### **Worked Example 1.2**

In a bench trial, the judge issues a written opinion that summarizes the evidence and explains the legal rules applied, but does not label any statements as “findings of fact” or “conclusions of law.” The losing party argues on appeal that Rule 52 was violated because the opinion lacked formal headings.

> **Answer:**  
> The opinion likely satisfies Rule 52. The rule requires the court to find the facts and state the conclusions of law separately, but it does not require formal labels or headings. If the opinion clearly identifies what facts the judge found and what law was applied, the substance is sufficient.

### **Worked Example 1.3**

In a nonjury trial, after the plaintiff has presented all of her evidence on negligence, the defendant moves for judgment, arguing that the plaintiff failed to prove breach. The judge, as factfinder, disbelieves the plaintiff’s only eyewitness and finds that the defendant exercised reasonable care. The judge grants the motion, entering a judgment dismissing the negligence claim and setting out findings that the defendant was not negligent.

On appeal, what standard applies to the judge’s determination that the defendant was not negligent?

> **Answer:**  
> The judge’s determination is a factual or mixed question governed by the clear-error standard. Because the judge granted a Rule 52(c) judgment on partial findings after a bench trial, the factual findings supporting the conclusion (including credibility determinations and whether conduct was reasonable) are reviewed for clear error, not de novo.

### **Worked Example 1.4**

A plaintiff moves for summary judgment under Rule 56 in a contract case. The court grants the motion, finding no genuine dispute of material fact and that the plaintiff is entitled to judgment as a matter of law. The losing defendant appeals, arguing that the judge erred by failing to enter findings of fact and conclusions of law under Rule 52.

> **Answer:**  
> The argument fails. Rule 52(a)(3) expressly states that the court is not required to state findings of fact and conclusions of law when ruling on a motion under Rule 56. Summary judgment decisions are reviewed de novo, but they do not trigger Rule 52’s findings requirement.

### **Exam Warning**

> Failure to make findings of fact and conclusions of law in a bench trial is a common procedural error. In MBE questions, if you see a nonjury trial with a bare judgment and no explanation, expect the correct answer to involve vacating the judgment and remanding for compliance with Rule 52. Be careful to distinguish this from summary judgment or Rule 12 rulings, where findings are not required.

### **Revision Tip**

> For bench trials:
>
> - Findings of fact → reviewed for clear error.
> - Conclusions of law → reviewed de novo.
> - Mixed questions → break them into factual and legal components and apply the appropriate standard.

## **Key Point Checklist**

_This article has covered the following key knowledge points:_

- In bench trials, Rule 52(a)(1) requires the judge to find the facts specially and state separately the conclusions of law, either orally on the record or in a written opinion.
- Rule 52(a)(2) extends the findings requirement to decisions granting or denying injunctions; Rule 52(c) requires findings for judgments on partial findings in nonjury trials.
- Findings of fact resolve disputed factual issues and are reviewed on appeal for clear error; conclusions of law are reviewed de novo.
- Mixed questions involve applying law to facts; exam questions usually ask you to separate factual determinations (clear error) from legal rules (de novo).
- Rule 52(a)(3) exempts rulings on Rule 12 and Rule 56 motions (and most other motions) from the findings requirement; no findings are needed on summary judgment.
- Failure to make required findings in a bench trial typically leads the court of appeals to vacate the judgment and remand for proper findings; parties can also seek amended or additional findings under Rule 52(b).
- Rule 52 does not apply to jury trials; there, factfinding is by the jury, and review focuses on JMOL and new trial standards rather than Rule 52.
- In bench trials, a motion to take the case away from the opponent is handled as a judgment on partial findings under Rule 52(c), not as JMOL under Rule 50.

## **Key Terms and Concepts**

- Bench Trial
- Findings of Fact
- Conclusions of Law
- Clear Error Standard
- De Novo Review
- Mixed Question of Law and Fact
- Judgment on Partial Findings
- Remand
- Amended or Additional Findings

Verdicts and judgments - Judicial findings and conclusions