Rule 34. Findings by the Court

Effect. In all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered. Findings of fact 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. This subdivision applies also to an issue tried with an advisory jury under Rule 27.1(6).

Form and Manner. The findings and conclusions may be stated in the proceeding communications upon the record after the close of the evidence, or may be set out in a written decision or memorandum filed upon the docket. Where they are stated upon the record, the court shall cause their substance to be entered upon the docket. Judgment shall be entered as Rule 40 provides. No particular form of words is required, and findings and conclusions need not be separately captioned so long as each is distinguishable from the other.

Content. The findings shall be sufficient to disclose the steps by which the court reached its result. The court shall find each fact essential to the judgment; shall state the evidence relied upon where the evidence conflicts; shall state any determination of credibility upon which the result depends; shall state the measure and computation of any damages awarded; and shall state the rule of law applied to the facts found. The court is not required to make a finding upon every fact proposed by a party, and the omission of a proposed finding is a rejection of it.

Interlocutory Injunctions. In granting or refusing a restraining order or a preliminary injunction under Rule 47, the court shall state the findings of fact and conclusions of law that support its action.

Motions. The court is not required to state findings of fact or conclusions of law in ruling upon a motion under Rule 12 or Rule 38, or upon any other motion, unless these rules provide otherwise. The court shall state its reasons in an order granting a new trial as Rule 35(4) requires, in a ruling upon a claim of privilege as Rule 32(6)(b)(3) requires, and in an order under Rule 27(7)(k).

Proposed Findings. The court may direct the parties to file proposed findings of fact and conclusions of law, before or after the close of the evidence, at a time the court fixes. Proposed findings shall be filed through the electronic filing system and are served upon every other participant when accepted for filing. The court may adopt any proposed finding that it independently determines to be correct upon the evidence, and shall not adopt a proposed finding it has not so determined.

Amended or Additional Findings. Upon a party’s motion filed not later than seventy-two (72) hours after the entry of judgment, the court may amend its findings, may make additional findings, and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 35. The period fixed by this subdivision may be enlarged only upon motion made before it has run and only for good cause.

Questioning the Evidentiary Support. A party may question upon appeal the sufficiency of the evidence supporting a finding, whether or not that party requested findings, objected to them, moved to amend them, or moved for judgment on partial findings under Rule 33(3).

Review. Findings of fact are reviewed as subdivision (1) provides, and a finding is not insulated from that standard by reason of resting upon documentary, electronic, or in-game evidence rather than upon the testimony of witnesses. Conclusions of law are reviewed without deference. No judgment shall be set aside or reversed for error unless, after examination of the entire case, it appears that the error resulted in a miscarriage of justice, as 7 R. Stat. § 132.401 and Rule 43 provide.

Findings by a Magistrate Judge. Where a Superior Court judge has referred a dispositive matter to a magistrate judge for proposed findings, a report, and recommendations under 3 R. Stat. § 131.203, the report and recommendation has no effect unless the Superior Court judge adopts, modifies, or rejects it. A party may file an objection to the report within seventy-two (72) hours after it is accepted for filing. Findings adopted by the Superior Court judge are the findings of the court for the purposes of this rule. No such reference shall be made in a civil proceeding in which the State is a party.

Failure to Make Findings. Where the court has entered judgment after a trial without a jury and has not made the findings this rule requires, any party may move, within seventy-two (72) hours after the entry of judgment, for findings. The court shall make them, and the time within which any other motion under these rules must be filed runs from the entry of the order making them.