Rule 135 - Findings in a Trial Without a Jurya.General rule. In a trial without a jury, the judge, if requested before trial, must make specific findings concerning the facts and conclusions of law based upon those findings. Findings of fact will not be set aside on appeal unless they are clearly erroneous, and due regard will be given to the opportunity of the trial judge to determine the credibility of a witness. Findings of fact and conclusions of law may be stated orally by the judge and recorded in open court following the close of the evidence, or may be set forth in an order or memorandum that is filed by the judge. A request for findings is not required for purposes of appeal. [ARCP 52(a)] b.Agreed statement of facts. The parties to a lawsuit may submit any contested issue to a judge upon an agreed statement of facts that has been signed by the parties and filed with the court. The judge will render conclusions of law based on the agreed statement of facts. [ARCP 52(d)] Just. Ct. R. Civ. proc. 135
Adopted Aug. 30, 2012, effective 1/1/2013.