Also known as: nonjury trial · non-jury trial · non-jury trials · bench trial · bench trials
Written by attorneys · grounded in primary & secondary sources — see below
A trial conducted by a judge without a jury in which the court determines the facts and applies the law to resolve the dispute. The court must make findings of fact and conclusions of law supporting any judgment entered. After such a trial the court may grant a new trial or amend its findings on motion for reasons including those that would support rehearing in equity.
Nolan Nunez sued Nova Pharmaceuticals for breach of a supply contract. After a nonjury trial the court entered judgment for the defendant. Nunez moved for a new trial within twenty-eight days citing newly discovered documents that showed the defendant had concealed material defects. The court granted the motion and reopened the case for further proceedings.
Noreen Nguyen sued Northern Manufacturing for patent infringement. Following a nonjury trial the court entered judgment for the plaintiff. Northern moved for a new trial and asked the court to take additional expert testimony on damages. The court opened the judgment, heard the new testimony, revised its findings of fact, and entered an amended judgment reducing the award.
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Noelle North sued New Horizon Media for patent infringement. The parties stipulated to a nonjury trial. After hearing the evidence the court made detailed findings on validity and infringement and entered judgment for the plaintiff. The findings received deferential review on appeal under the clearly erroneous standard.
Neil Nair was convicted after a nonjury trial on multiple counts. At sentencing the court considered aggravating factors and imposed an enhanced sentence. Nair later challenged the sentence on ineffective-assistance grounds, arguing counsel failed to present mitigating evidence during the bench proceeding.
Naomi Norton sued Nile Shipping for cargo damage. After discovery Nile moved for summary judgment. The court applied the same standard used at a nonjury trial and granted the motion because no genuine dispute of material fact existed on the issue of seaworthiness.
Nalini Narula sued Northern Manufacturing for product liability. After a nonjury trial the court credited the defendant's expert and entered judgment for the defense. On appeal the reviewing court examined the trial court's credibility determinations under the independent-review standard applicable to certain constitutional issues.
The court must state its findings of fact and conclusions of law on the record or in a written opinion or order. These findings support the judgment and enable meaningful appellate review. The requirement applies even when the court enters judgment on partial findings under Rule 52(c).
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A court may grant a new trial on motion for any reason that would support rehearing in equity. The motion must be filed no later than twenty-eight days after entry of judgment. The court may also open the judgment, take additional testimony, amend findings, and direct entry of a new judgment.
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Any other judge may proceed after certifying familiarity with the record. At a party's request the successor must recall any witness whose testimony is material and disputed if the witness is available without undue burden.
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Findings of fact are reviewed for clear error. The appellate court gives deference to the trial court's credibility determinations and weighing of the evidence. Separate conclusions of law receive de novo review.
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…during overnight recess); Herring v. New York, 422 U.S. 853, 95 S.Ct. 2550, 45 L.Ed.2d 593 (1975) (bar on summation at bench trial); Brooks v. Tennessee, 406 U.S. 605, 612-613, 92 S.Ct. 1891, 1895, 32 L.Ed.2d 358 (1972) (requirement that defendant be first defense witness); Ferguson v. Georgia, 365 U.S. 570, 593-596,…