Also known as:findings of fact · investigative findings
Written by attorneys · grounded in primary & secondary sources — see below
A category of statement contained in a public record that sets out the results of an official inquiry conducted under legal authority. The statement qualifies for admission under the public records hearsay exception when offered in a civil case or against the government in a criminal case, provided the opponent does not demonstrate a lack of trustworthiness.
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How it applies
Common Examples
6
Review of Credibility Findings
Francisco Frost sued Fusion Power after a workplace accident. The district court credited the testimony of three eyewitnesses and entered judgment for the defendant. On appeal Frost argued the findings were clearly erroneous. The appellate court declined to disturb the findings because the trial judge had observed the witnesses and the record contained no contradictory documentary proof.
Admitting Health Department Report
Farah Fox sued Flagship Logistics after slipping on algae at a hotel pool. Fox offered the county health department's official investigation report that contained factual findings about pool maintenance failures following a prior drowning. The court admitted the report over a hearsay objection because it set out factual findings from a legally authorized investigation and the opponent failed to show untrustworthiness.
New Trial Motion to Amend Findings
Floyd Franklin sued Foster Forge for breach after a bench trial. The court entered judgment for the defendant based on findings that the product defect was not proven. Franklin moved for a new trial under Rule 59 and asked the court to take additional testimony and amend its findings. The court granted the motion, reopened the record, and issued new findings that altered the judgment.
Summary Judgment Dispute
Faith Fitzgerald sued Franklin Foundry alleging defective manufacturing. The company moved for summary judgment and submitted an agency report containing factual findings from a product-safety investigation. The court treated the report as evidence of the absence of a genuine factual dispute and granted the motion.
Anderson v. Liberty Lobby, Inc.477 U.S. 242, 250 (1986)
Statutory Challenge to Regulation
Francois Fortier challenged a federal internet regulation as exceeding congressional power. The government introduced a congressional committee report that included factual findings from a legally authorized investigation into online harms. The court relied on those findings to evaluate the statute's scope and upheld the regulation.
Reno v. American Civil Liberties Union521 U.S. 844 (1997)
Commerce Clause Litigation
Faye Fuller challenged a federal gun-control statute. The government offered an agency report containing factual findings from a legally authorized investigation into the interstate movement of firearms. The court used the findings to assess the statute's connection to interstate commerce and sustained the law.
United States v. Lopez514 U.S. 549 (1995)
Common questions
Frequently Asked
4
When is a public record containing factual findings from a legally authorized investigation admissible over a hearsay objection?+
The record is admissible in a civil case or against the government in a criminal case if it sets out factual findings from a legally authorized investigation and the opponent does not show that the source of information or other circumstances indicate a lack of trustworthiness.
Supporting sources
Does delay in conducting an investigation or reliance on staff interviews automatically render an official report untrustworthy?+
No. The presence of independent corroboration such as lab tests and photographs can mitigate concerns arising from delay or interviews. A court may still exclude the report if the combination of delay and reliance on interested parties indicates a lack of trustworthiness.
Supporting sources
What must a court do after a nonjury trial when a party moves to amend findings of fact?+
The court may amend its findings or make additional findings and amend the judgment accordingly. The motion must be filed no later than twenty-eight days after entry of judgment.
Supporting sources
May a party challenge the sufficiency of findings of fact on appeal even if it never requested findings or objected to their sparsity at trial?+
Yes. A party may later question the sufficiency of the evidence supporting the findings whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings.
Supporting sources
.[^maj-6] The inquiry performed is the threshold inquiry of determining whether there is the need for a trial—whether, in other words, there are any genuine
factual
issues that properly can…
reached after five weeks of comprehensive hearings. Accordingly, I do not believe that we should in effect set aside the
findings
of the District Court. That court is far more familiar with…
, nor did it make a specific finding of voluntariness, and the petitioner contends that admission of the statements therefore violated Jackson v. Denno . We agree with the Arizona Supreme…
Civil ProcedureAppealability and review · Scope of review for judge and juryUBEIntermediate