Findings of fact

What findings of fact means

In practice, you will see findings of fact in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where findings of fact comes up

For example, the term appears in these procedures:

• Request for Findings of Fact and Conclusions of Law (Fed. R. Civ. P. 52(a), 52(b)): in a case tried without a jury, the written findings of fact and conclusions of law the court must make, and a party's motion asking the court to amend or add to them.
• Motion to Amend Findings (Bench Trial) (Fed. R. Civ. P. 52(b)): a request, after a trial without a jury, that the court amend its findings of fact or make additional findings, and amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59.

Read the source: Conclusions of law.

How to research the term

Start with the primary source. For example, if findings of fact appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read findings of fact in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Bench trial: a trial in which the judge, not a jury, decides the facts. In a federal bench trial, Rule 52(a) requires the court to find the facts specially and state its conclusions of law separately.
• Conclusions of law: the court's rulings on how the law applies to the facts it has found. In a federal bench trial, they are stated separately from the findings of fact under Rule 52(a).
• Clearly erroneous: the standard for reviewing a trial judge's findings of fact. Under Federal Rule of Civil Procedure 52(a)(6), findings of fact must not be set aside unless clearly erroneous, with due regard for the trial court's opportunity to judge the witnesses' credibility.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.