5.4 Trial Briefs, Findings of Fact, and Conclusions of Law

• Library: Federal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

5.4 TRIAL BRIEFS, FINDINGS OF FACT, AND
CONCLUSIONS OF LAW

5.401 Trial Briefs.

Trial briefs are not addressed in Local Rules of the Western or Eastern Districts. Trial briefs can be an effective means of helping the trial judge become familiarized with the facts of the case and specific legal issues in advance of trial. They are also useful as background for argument on jury instructions and motions for directed verdicts. For trial briefs to be effective, they should be short and to the point.

5.402 Findings of Fact and Conclusions of Law—Fed. R. Civ. P. 52.

A. Purposes of Fed. R. Civ. P. 52.

The three purposes of Fed. R. Civ. P. 52 are:

1. To aid the trial court's adjudication process; ¹³⁶²

2. To determine settled issues for purposes of res judicata and estoppel by judgment; ¹³⁶³ and

3. To aid appellate courts upon review. ¹³⁶⁴

B. Fed. R. Civ. P. 52 Requirements.

In all actions tried on the facts without a jury or with an advisory jury, the judge must make specific factual findings and separately state his or her conclusions of law. ¹³⁶⁵

C. Motions for Summary Judgment.

Fed. R. Civ. P. 52 is not applicable on a motion for summary judgment. ¹³⁶⁶

D. Findings of a Master.

Findings of a master, to the extent that they are adopted, are considered findings of the court. ¹³⁶⁷

E. Setting Aside the Findings.

Findings of fact, whether based on oral or documentary evidence, will not be set aside...