State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_52

Rule 52. Findings by thecourt.

(a)        Findings. –

(1)        In all actions triedupon the facts without a jury or with an advisory jury, the court shall findthe facts specially and state separately its conclusions of law thereon anddirect the entry of the appropriate judgment.

(2)        Findings of fact andconclusions of law are necessary on decisions of any motion or order ex meromotu only when requested by a party and as provided by Rule 41(b). Similarly,findings of fact and conclusions of law are necessary on the granting ordenying of a preliminary injunction or any other provisional remedy only whenrequired by statute expressly relating to such remedy or requested by a party.

(3)        If an opinion ormemorandum of decision is filed, it will be  sufficient if the findings of factand conclusions of law appear therein.

(b)        Amendment. – Uponmotion of a party made not later than 10 days after entry of judgment the courtmay amend its findings or make additional findings and may amend the judgmentaccordingly. The motion may be made with a motion for a new trial pursuant toRule 59.

(c)        Review on appeal. –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 beraised on appeal whether or not the party raising the question has made in thetrial court an objection to such findings or has made a motion to amend them ora motion for judgment, or a request for specific findings. (1967,c. 954, s. 1; 1969, c. 895, s. 12.)