§52.2 Text of Rule

• Jurisdiction: Washington

§52.2 TEXT OF RULE

RULE 52. DECISIONS, FINDINGS, AND CONCLUSIONS

(a) Requirements.

(1)Generally. In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law. Judgment shall be entered pursuant to rule 58 and may be entered at the same time as the entry of the findings of fact and the conclusions of law.

(2)Specifically Required. Without in any way limiting the requirements of subsection (1), findings and conclusions are required:

(A)Temporary Injunctions. In granting or refusing temporary injunctions.

(B)Domestic Relations. In connection with all final decisions in adoption, custody, and divorce proceedings, whether heard ex parte or not. In all cases in which the court makes specific findings of physical or sexual abuse or exploitation of a child the court shall direct the court clerk to notify the state patrol of the findings pursuant to RCW 43.43.840.

(C)Other. In connection with any other decision where findings and conclusions are specifically required by statute, by another rule, or by a local rule of the superior court.

(3)Proposed. Requests for proposed findings of fact are not necessary for review.

(4)Form. If a written opinion or memorandum of decision is filed, it will be sufficient if formal findings of fact and conclusions of law are included.

(5)When Unnecessary. Findings of fact and conclusions of law are not necessary:

(A)Stipulation. Where all parties stipulate in writing that there will be no appeal.

(B)Decision on Motions. On decisions of motions under rules 12 or 56 or any other motion, except as provided in rules 41(b)(3) and 55(b)(2).

(C)Temporary Restraining Orders. On the issuance of temporary restraining orders issued ex parte.

(b)Amendment of Findings. Upon motion of a party filed not later than 10 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 thereafter be raised whether or not the party raising the question has made in the court an objection to such findings or has made a motion to amend them or a motion for judgment.

(c)Presentation. Unless...