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RULE 52. FINDINGS BY THE COURT

July 25, 2011

RULE 52.01: FINDINGS REQUIRED.

In all actions tried upon the facts without a jury, the court shall find the facts specially and shall state separately its conclusions of law and direct the entry of the appropriate judgment. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 or 56 or any other motion except as provided in Rules 41.02 and 65.04(6).

RULE 52.02: AMENDMENT.

Upon motion of a party made not later than thirty (30) days after entry of judgment the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may be made with a motion for a new trial pursuant to Rule 59. 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 be raised on appeal whether or not the party raising the question has made in the trial court an objection to such findings or has made a motion to amend them or a motion for judgment.

Advisory Commission Comments. This Rule conforms generally to Tenn. Code Ann. § 27-1-113.

Advisory Commission Comments [2002]. Although Rule 56 motions for summary judgment are excluded from Rule 52.01, amended Rule 56 requires on request a statement of “the legal grounds” for granting judgment summarily.

Advisory Commission Comments [2009]. The heading and first sentence of Rule 52.01 are amended. No longer must counsel request the judge to make findings of fact and conclusions of law in nonjury trials.

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