Motion to Amend Findings (Bench Trial)

When the motion to amend findings is used

Timing: no later than 28 days after the entry of judgment (Rule 52(b)). Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• Rule 52(a) requires the court, in an action tried on the facts without a jury or with an advisory jury, to find the facts specially and state its conclusions of law separately.
• Findings of fact must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility (Rule 52(a)(6)).
• Rule 52(c) separately allows judgment on partial findings once a party has been fully heard on an issue during a bench trial.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 52(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to amend findings in state court

This page covers the federal version. In state court, the motion to amend findings may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Clearly erroneous: the standard for reviewing a trial judge's findings of fact.
• Findings of fact: the court's written decisions about what happened, based on the evidence. In a federal bench trial, Federal Rule of Civil Procedure 52(a) requires the court to find the facts specially and state its conclusions of law separately.

Related procedures

Similarly, these procedures often come up alongside it:

• Request for Findings of Fact and Conclusions of Law: 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 for a New Trial: a request that the court grant a new trial on all or some issues.
• Motion to Alter or Amend a Judgment: a request that the court change its judgment.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on motion to amend findings (bench trial). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.