Rule 52 FINDINGS BY THE COURT.

• Jurisdiction: Colorado

Rule 52. Findings by the Court.

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 thereon and judgment shall be entered pursuant to Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Neither requests for findings nor objections to findings rendered are necessary for purposes of review. 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. 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 on motions under Rule 12 or 56 or any other motion except as provided in these rules or other law.

Source: Entire rule amended and comment added, May 25, 2017, effective July 1, 2017.

Cross references: For motions for judgment on the pleading and for separate or more definite statement and for motion to strike, see C.R.C.P. 12; for involuntary dismissal, see C.R.C.P. 41(b); for acceptance by court of master's findings, see C.R.C.P. 53; for summary judgment, see C.R.C.P. 56; for entry of judgment, see C.R.C.P. 58; for motions for post-trial relief, see C.R.C.P. 59.

COMMENTS

2017

The final sentence of the former version of the rule, "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 Rule 41(b)," was replaced because of requirements for findings and conclusions in rules other than Rule 41(b) and in some statutes. Regardless, judges are encouraged to include in decisions on motions sufficient explanation that would be helpful to the parties and a reviewing court. Thus, even where findings and conclusions are not required, the better practice is to explain in a decision on any contested, written motion the court's reasons for granting or denying the motion.

ANNOTATION

I. General Consideration.

II. Effect.

III. Amendment.

I. GENERAL CONSIDERATION.

Law reviews. For article, "Notes on Proposed Amendments to Colorado Rules of Civil Procedure", see 27 Dicta 165 (1950). For article, "Amendments to the Colorado Rules of Civil Procedure", see 28 Dicta 242 (1951). For article, "Trials: Rules 38-53", see 23 Rocky Mt. L. Rev. 571 (1951). For article, "The Applicability of the Rules of Evidence in Non-Jury Trials", see 24 Rocky Mt. L. Rev. 480 (1952). For article, "One Year Review of Civil Procedure and Appeals", see 37 Dicta 21 (1960). For article, "One Year Review of Civil Procedure and Appeals", see 39 Dicta 133 (1962). For article, "Post-Trial Motions in the Civil Case: An Appellate Perspective", see 32 Colo. Law. 71 (November 2003).

This rule is applicable to judgments in custody proceedings. In Jaramillo, 37 Colo. App. 171, 543 P.2d 1281 (1975).

Finding that "cost-plus" contract had been made is necessarily against the claim that contract was for a fixed sum less the cost of materials. Johnson v. Neel, 123 Colo. 377, 229 P.2d 939 (1951).

No findings of fact and conclusions of law were required where motion for costs and damages was not a motion pursuant to C.R.C.P. 41(b). City & County of Denver v. Ameritrust, 832 P.2d 1054 (Colo. App. 1992).

Applied in People in Interest of G.A.T., 183 Colo. 111, 515 P.2d 104 (1973); Deas v. Cronin, 190 Colo. 177, 544 P.2d 991 (1976); Poor v. District Court, 190 Colo. 433, 549 P.2d 756 (1976); People in Interest of A.A.T., 191 Colo. 494, 554 P.2d 302 (1976); In re Wolfert, 42 Colo. App. 433, 598 P.2d 524 (1979); People ex rel. MacFarlane v. Delaware Corp., 626 P.2d 1144 (Colo. App. 1980); In re Van Camp, 632 P.2d 1062 (Colo. App. 1981); Hawkins v. Powers, 635 P.2d 915 (Colo. App. 1981); Esecson v. Bushnell, 663 P.2d 258 (Colo. App. 1983); ITT Diversified Credit Corp. v. Couch, 669 P.2d 1355 (Colo. 1983); Metro Nat'l Bank v. Roe, 675 P.2d 331 (Colo. App. 1983).

II. EFFECT.

The purpose of this rule is to enable an appellate court to determine the basis of a trial court's decision. Twin Lakes Reservoir & Canal Co. v. Bond, 156 Colo. 433, 399 P.2d 793 (1965); Am. Nat'l Bank v. Quad Constr., Inc., 31 Colo. App. 373, 504 P.2d 1113 (1972); Gitlitz v. Bellock, 171 P.3d 1274 (Colo. App. 2007).

The purpose of this rule is to apprise prospective appellate courts of the basis of the trial court's decision. Westland Nursing Home, Inc. v. Benson, 33 Colo. App. 245, 517 P.2d 862 (1974).

In order for the appellate court to determine the ground on which it reached its decision, the lower court must state on the record its reasons for a ruling. People v. Abbott, 638 P.2d 781 (Colo. 1981).

The purpose of the requirement of specific findings of fact and conclusions of law is to give the appellate court a clear understanding of the grounds for the trial court's decision. Financial Management Task Force, Inc. v. Altberger, 807 P.2d 1230 (Colo. App. 1990); City & County of Denver v. Ameritrust, 832 P.2d 1054, (Colo. App. 1992).

This rule uses mandatory words that the court "shall" find the facts. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).

It is the duty of a trial court to see that a final judgment supported by findings of fact and conclusions of law is entered in each case heard and decided by it, so that on appeal, an appellate court can be fully advised as to the complete results of the trial. Ray v. City of Brush, 152 Colo. 428, 383 P.2d 478 (1963).

Parties need not request findings. The provisions of this rule, that requests for findings are not necessary for purposes of review, relieve the parties of the need to request findings but do not relieve a judge of the duty to make them. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).

Factual findings on the record required. Before a trial court can make legal findings or conclusions, and to make such conclusions reviewable by an appellate court, the trial court must make factual findings on the record. Pasbrig v. Walton, 651 P.2d 459 (Colo. App. 1982).

Court has duty to make separate findings of fact and conclusions of law. When a matter is tried to the court without a jury, the court is under a duty to make findings of fact and to state conclusions of law separately, and even though a court has made findings, they must be sufficiently clear to indicate on appeal the basis of the court's decision. In re Estate of Lewin v. First Nat'l Bank, 42 Colo. App. 129, 595 P.2d 1055 (1979).

Trial court's order must contain findings of fact and conclusions of law sufficiently explicit to give an appellate court a clear understanding of the basis of its order and to enable the appellate court to determine the grounds upon which the trial court reached its decision. In re Van Inwegen, 757 P.2d 1118 (Colo. App. 1988).

Decisionmaker must state reasons for determination. Although written findings are not required, where significant rights are at issue, the decisionmaker must state the reasons for his determination. Mau v. E.P.H. Corp., 638 P.2d 777 (Colo. 1981).

Failure to comply literally with this rule is not necessarily fatally defective. Thiele v. City & County of Denver, 135 Colo. 442, 312 P.2d 786 (1957).

Brief findings and conclusions sufficient compliance with rule. Even though the findings of fact and conclusions of law are brief and sparse in detail, there is sufficient compliance with the rule if the ultimate facts have been determined and conclusions of law are entered thereon. Manor Vail Condominium Ass'n v. Town of Vail, 199 Colo. 62, 604 P.2d 1168 (1980); M Life Ins. Co. v. Sapers & Wallack Ins. Agency, Inc., 40 P.3d 6 (Colo. App. 2001).

The court expressly resolved the ultimate questions of fact before it, and therefore there was sufficient compliance with the rule. Johnson v. Benson, 725 P.2d 21 (Colo. App. 1986).

This rule provides...