Also known as: findings of fact · finding of facts · fact finding
Written by attorneys · grounded in primary & secondary sources — see below
A determination by a judge, jury, or administrative agency of a fact supported by the evidence in the record, usually presented at the trial or hearing.
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Faye Fuller sued Fairfield Bank for breach of a loan agreement. After a bench trial the district court found that the bank's loan officer had orally assured Fuller of extended repayment terms. The appellate court refused to disturb that determination because the trial judge had observed the officer's demeanor and the finding was not clearly erroneous.
Forrest Falconer prevailed at a nonjury trial on his contract claim against Foster Forge. After judgment Falconer moved under Rule 59 for a new trial and asked the court to amend its finding that the contract price was fixed. The court reopened the record, took additional testimony on price negotiations, and entered a revised finding that the price was variable.
Farah Fox sued Fairview Manufacturing for employment discrimination. The district court found that Fox had been terminated for poor performance rather than retaliation. On appeal the reviewing court upheld the finding because the trial judge had the opportunity to assess the credibility of the company's witnesses and the determination was supported by the record.
Freya Freeman contracted with Fusion Power to supply chicken. When a dispute arose over whether the term included stewing chickens, the court made a finding of fact that the parties intended the term to cover only broilers and fryers based on trade usage evidence presented at trial.
Fumiko Fujimoto moved for sanctions against Frederick Ferguson after Ferguson destroyed documents relevant to pending litigation. The district court made a finding of fact that Ferguson had acted in bad faith and imposed monetary sanctions on that basis.
A passenger ticket issued by a cruise line contained a forum selection clause. The district court made a finding of fact that the passenger had received adequate notice of the clause and enforced the provision, dismissing the suit brought in a different forum.
Under Rule 52(a)(6) a finding of fact must not be set aside unless clearly erroneous. The reviewing court must give due regard to the trial court's opportunity to judge witness credibility.
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Under Rule 59(a)(2) the court may open the judgment, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct entry of a new judgment.
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Yes. When a court grants or refuses an interlocutory injunction it must state the findings of fact and conclusions of law that support its action.
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…of Minnesota, the majority, it seems to me, engaged in or came very close to engaging in some inappropriate appellate fact finding, to-wit, that each of the parties did not intend a contract and assumed the risk “of what might happen.” I conclude that the analysis employed by Judge Short in the majority opinion of the…