ME · rules
M.R. Civ. P. 52
FINDINGS BY THE COURT
(a) Findings. In all actions tried upon the facts without a jury or with an
advisory jury, the Superior Court justice or, if an electronic recording was made
in the District Court, the District Court judge, shall, upon the request of a party
made as a motion within 7 days after the statement of the decision in open
court, or the entry of the decision or judgment on the docket, whichever comes
first, or may upon its own motion, find the facts specially and state separately
its conclusions of law. Such findings and conclusions may be made in summary
form and may be made orally, provided that, in every action for termination of
parental rights, the court shall make specific findings of fact and state its
conclusions of law thereon as required by 22 M.R.S. § 4055. If an opinion or
memorandum of decision is filed, it will be sufficient if the findings of fact and
conclusions of law appear therein. Any motion made pursuant to Rule 52(a)
must include the proposed findings of fact and conclusions of law requested.
The court is not required to make findings of fact and conclusions of law on
decisions of motions under Rules 12 or 56, or in small claims actions.
(b) Amended or Additional Findings. The court may, upon motion of a
party filed not later than 14 days after entry of judgment, amend its findings or
make additional findings and may amend the judgment if appropriate. The
motion may be made with a motion for a new trial or a motion to alter or amend
the judgment pursuant to Rule 59. Any motion made pursuant to Rule 52(b)
must include the proposed findings of fact and conclusions of law requested.
(c) Effect. Findings of fact shall not be set aside unless clearly erroneous,
and due regard shall be given to the opportunity of the trial court to judge the
credibility of the witnesses. The findings of a referee, to the extent that the
court adopts them, shall be considered as the findings of the court.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
48026e30e951aa0143c7f44add50bc5d2ef61d40eee622b02da1fced1c50c012
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