Rule 52. Findings by the court; judgment on partial findings

Findings by the court; judgment on partial findings.

(a) Effect. In all actions tried upon the facts without a jury or with an advisory jury, the court may upon written request and shall when required by statute, 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 may similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Requests for findings are not necessary for purposes of review. Where the court makes findings of fact based upon determinations of credibility drawn from its observation of witnesses, those findings shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. 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 Rules 12 or 56 or any other motion except as provided in Rule 41(b).

(b) Amendment. Upon motion of a party filed not later than thirty (30) days after judgment or entry of findings and conclusions the court may amend its findings or make additional findings or 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 or a motion for a new trial.

(c) Judgment on partial findings. If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue, or the court may decline to render any judgment until the close of all the evidence. Such a judgment may be supported by findings of fact and conclusions of law.

(dc) District court rule. Rule 52 applies in the district courts except that the time period of thirty (30) days in Rule 52(b) is reduced to fourteen (14) days in all cases except unlawful-detainer actions subject to appeal under §6-6-350, Ala. Code 1975, and eviction actions subject to appeal under § 35-9A-461, Ala. Code 1975, in which actions the time period is reduced to seven (7) calendar days. [Amended 3-1-83, eff.7-1-83; Amended eff. 10-1-95; Amended 5-29-2009, eff. 7- 1-2009; Amended eff. 11-28-2012.]

Committee Notes

Committee Comments on 1973 Adoption The Rule provides for findings in all cases tried to the Court without a jury where a statute provides for findings. In other situations, the court renders findings in its discretion. Where findings and conclusions have been requested and the request has been granted, the commingling of findings and conclusions in the order is not ground for reversal. See McCrea v. Harris County Houston Ship Channel Navigation District, 423 F.2d 605 (5th Cir.1970). The scope of review under present Alabama practice prevents reversal of the trial court’s findings where the evidence was taken in open court, or partly so, and the trial court has had the advantage of seeing the witnesses, unless the trial court’s conclusion is plainly and palpably contrary to the weight of the evidence. Albright Equipment Co., Inc. v. Waddell, 284 Ala. 329, 224 So.2d 878 (1969). See also Lott v. Keith, 286 Ala. 431, 241 So.2d 104 (1970). Such findings have the force of a jury verdict. Renfroe v. Weaver, 285 Ala. 1, 228 So.2d 764 (1969). However, the Supreme Court of Alabama has not clothed the trial court’s findings with such a presumption where the evidence is entirely in writing (depositions, pleadings, stipulations, etc.). Smith v. Dalrymple, 275 Ala. 529, 156 So.2d 622 (1963); Hackett v. Cash, 196 Ala. 403, 72 So. 52 (1916). Federal Court construction of the Rule 52 requirements with respect to the presumption attached to the trial court’s findings has produced a conflict in the circuits. For the proposition that the appellate court cannot set aside findings based entirely on documentary evidence unless “clearly erroneous” see Judge Clark’s concurrence in Heim v. Universal Pictures Co., 154 F.2d 480, 491 (2d Cir.1946). As draftsman of the Rule, his opinion is given support. See, e.g., H.K. Porter Co. v. Goodyear Tire & Rubber Co., 437 F.2d 244 (6th Cir.1971); United States Steel Corp. v. Fuhrman, 407 F.2d 1143 (6th Cir.1969), cert. denied 398 U.S. 958, 90 S.Ct. 21