/FIND-ingz uv FAKT and kun-KLOO-zhuns uv LAW/·phrase
Also known as:findings of fact · conclusions of law · findings and conclusions · FOF/COL · findings & conclusions
Written by attorneys · grounded in primary & secondary sources — see below
A court's determination of the facts established by the evidence together with the legal rules applied to those facts when entering judgment after a nonjury trial or when granting or refusing an interlocutory injunction. The statement may be made orally on the record or in a written opinion or memorandum. It supplies the basis for appellate review and for entry of judgment under Rule 58.
Sources & Authorities
How it applies
Common Examples
6
Nonjury Trial on Contract Claim
Fatima Flores sued Fisher Foods in federal court for breach of a supply contract. After a bench trial the judge announced from the bench that the parties had formed a valid agreement, that Fisher Foods had failed to deliver conforming goods, and that Flores was entitled to damages measured by cover costs. The judge then entered judgment for Flores under Rule 58.
Denial of Preliminary Injunction
Felicia Fuentes moved for a preliminary injunction to halt Fairview Manufacturing from using disputed trade secrets. After a telephonic hearing the district judge issued a one-sentence order denying the motion. On appeal the court remanded because the order contained no findings on likelihood of success or irreparable harm.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
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Study Supplements
Motion to Amend Findings After Judgment
Francesca Fowler lost a nonjury trademark case to Franklin Foundry. Twenty days after judgment she moved under Rule 59 to amend the findings to include overlooked evidence of consumer confusion. The court granted the motion in part, revised its credibility determinations, and entered an amended judgment.
Nuisance Trial With Advisory Jury
Felipe Figueroa sued Spur Industries after odors from its feedlot reached his nearby residential development. The court discharged the advisory jury, made detailed findings that the operation constituted a nuisance, balanced the equities, and ordered the facility relocated while awarding damages.
Spur Industries, Inc. v. Del E. Webb Development Co.494 P.2d 700 (Ariz. 1972)
Motion to Dismiss Under Rule 12
Forrest Falconer moved to dismiss a complaint alleging an antitrust conspiracy. The district court granted the motion in a short order that contained no findings of fact. The order was proper because Rule 52 does not require findings when a court rules on a motion under Rule 12.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
State Law Review of Damage Award
Faye Fuller obtained a large jury verdict against Fairfield Bank. On appeal the Second Circuit applied New York's excessiveness standard to reduce the award. The Supreme Court held that the state standard could be applied without violating the Seventh Amendment because the trial court retained authority to make its own findings.
Gasperini v. Center for Humanities, Inc.518 U.S. 415, 429–431 (1996)
Common questions
Frequently Asked
5
When must a federal court state findings of fact and conclusions of law?+
A federal court must state findings and conclusions after a nonjury trial or when granting or refusing an interlocutory injunction. The requirement does not apply to rulings on motions under Rules 12 or 56.
Supporting sources
May a party challenge the sufficiency of findings even if it never requested them before judgment?+
Yes. A party may question the sufficiency of the evidence supporting the findings on appeal whether or not it requested findings or objected to their sparsity before judgment.
Supporting sources
What is the remedy when a district court denies a preliminary injunction without any findings?+
The appellate court ordinarily remands so the district court can state the required findings and conclusions. The absence of findings prevents meaningful review of the injunction factors.
Supporting sources
Does Rule 52 require findings when the court rules on a motion for summary judgment?+
No. Rule 52(a)(3) expressly exempts rulings on motions under Rule 56 from the requirement to state findings or conclusions.
Supporting sources
May a court amend its findings after judgment under Rule 59?+
Yes. On a timely motion the court may open the judgment, take additional testimony, amend its findings, or make new ones and direct entry of a new judgment.
Supporting sources
424 U.S. 319 (1976)Constitutional Law
…and decisions of the Secretary after a hearing shall be binding upon all individuals who were parties to such hearing. No findings of fact or decision of the Secretary shall be reviewed by any person, tribunal, or governmental agency except as herein provided. No action against the United States, the Secretary, or any officer…