Procedure in cases tried upon facts without a jury.
510.310. 1. In cases tried upon the facts without a jury,the court shall rule upon all objections to evidence as in jurycases. Where the court is of the opinion that the evidence isnot admissible, it shall not receive the evidence, but where theevidence is brief and is not privileged, the court shall permitthe same and any cross-examination relating thereto or evidencein rebuttal thereof to be taken down by the court reporter orotherwise preserved, apart from the evidence received.
2. At or after the trial, the court shall render suchjudgment as it thinks right upon the law and the evidence. Ifany party shall so request before final submission of the case,the court shall dictate to the court reporter, or prepare andfile a brief opinion containing a statement of the grounds forits decision and the method of determining any damages awarded;and may, or if specifically requested by counsel, shall, includeits findings on any of the principal controverted fact issues.All fact issues upon which no specific findings are made shall bedeemed found in accordance with the result reached.
3. Upon motion of a party made not later than ten days afterentry of judgment the court may amend the judgment and opinion.The motion may be made with a motion for a new trial.
4. No findings of fact, except such as shall have beenspecifically requested, and no conclusions of law or objectionsto the judgment or to the opinion of the court are necessary forpurposes of review. The question of the sufficiency of theevidence to support the judgment may be raised whether or not thequestion was raised in the trial court. The appellate courtshall review the case upon both the law and the evidence as insuits of an equitable nature. The judgment shall not be setaside unless clearly erroneous, and due regard shall be given tothe opportunity of the trial court to judge of the credibility ofthe witnesses. The appellate court shall consider any evidencewhich was rejected by the trial court and duly preserved for theappeal when the appellate court believes such evidence to beadmissible. The appellate court may also order any rejectedevidence to be taken by deposition or under a reference andreturned to said court.
Procedure in cases tried upon facts without a jury.
510.310. 1. In cases tried upon the facts without a jury,the court shall rule upon all objections to evidence as in jurycases. Where the court is of the opinion that the evidence isnot admissible, it shall not receive the evidence, but where theevidence is brief and is not privileged, the court shall permitthe same and any cross-examination relating thereto or evidencein rebuttal thereof to be taken down by the court reporter orotherwise preserved, apart from the evidence received.
2. At or after the trial, the court shall render suchjudgment as it thinks right upon the law and the evidence. Ifany party shall so request before final submission of the case,the court shall dictate to the court reporter, or prepare andfile a brief opinion containing a statement of the grounds forits decision and the method of determining any damages awarded;and may, or if specifically requested by counsel, shall, includeits findings on any of the principal controverted fact issues.All fact issues upon which no specific findings are made shall bedeemed found in accordance with the result reached.
3. Upon motion of a party made not later than ten days afterentry of judgment the court may amend the judgment and opinion.The motion may be made with a motion for a new trial.
4. No findings of fact, except such as shall have beenspecifically requested, and no conclusions of law or objectionsto the judgment or to the opinion of the court are necessary forpurposes of review. The question of the sufficiency of theevidence to support the judgment may be raised whether or not thequestion was raised in the trial court. The appellate courtshall review the case upon both the law and the evidence as insuits of an equitable nature. The judgment shall not be setaside unless clearly erroneous, and due regard shall be given tothe opportunity of the trial court to judge of the credibility ofthe witnesses. The appellate court shall consider any evidencewhich was rejected by the trial court and duly preserved for theappeal when the appellate court believes such evidence to beadmissible. The appellate court may also order any rejectedevidence to be taken by deposition or under a reference andreturned to said court.
Procedure in cases tried upon facts without a jury.
510.310. 1. In cases tried upon the facts without a jury,the court shall rule upon all objections to evidence as in jurycases. Where the court is of the opinion that the evidence isnot admissible, it shall not receive the evidence, but where theevidence is brief and is not privileged, the court shall permitthe same and any cross-examination relating thereto or evidencein rebuttal thereof to be taken down by the court reporter orotherwise preserved, apart from the evidence received.
2. At or after the trial, the court shall render suchjudgment as it thinks right upon the law and the evidence. Ifany party shall so request before final submission of the case,the court shall dictate to the court reporter, or prepare andfile a brief opinion containing a statement of the grounds forits decision and the method of determining any damages awarded;and may, or if specifically requested by counsel, shall, includeits findings on any of the principal controverted fact issues.All fact issues upon which no specific findings are made shall bedeemed found in accordance with the result reached.
3. Upon motion of a party made not later than ten days afterentry of judgment the court may amend the judgment and opinion.The motion may be made with a motion for a new trial.
4. No findings of fact, except such as shall have beenspecifically requested, and no conclusions of law or objectionsto the judgment or to the opinion of the court are necessary forpurposes of review. The question of the sufficiency of theevidence to support the judgment may be raised whether or not thequestion was raised in the trial court. The appellate courtshall review the case upon both the law and the evidence as insuits of an equitable nature. The judgment shall not be setaside unless clearly erroneous, and due regard shall be given tothe opportunity of the trial court to judge of the credibility ofthe witnesses. The appellate court shall consider any evidencewhich was rejected by the trial court and duly preserved for theappeal when the appellate court believes such evidence to beadmissible. The appellate court may also order any rejectedevidence to be taken by deposition or under a reference andreturned to said court.
