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Rule 82. Findings and Conclusions by the Court; Judgment on Partial Findings

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part X. Judgments and Decrees (Refs & Annos)
17B A.R.S. Rules Fam.Law Proc., Rule 82
Rule 82. Findings and Conclusions by the Court; Judgment on Partial Findings
(a) Findings and Conclusions.
(1) Generally. If requested before trial, the court must make separate findings of fact and conclusions of law. The findings and conclusions may be stated orally on the record after the close of the evidence or may appear in an opinion, minute entry, or memorandum of decision filed by the court. Judgment must be entered under Rule 78.
(2) For a Motion. The court is not required to state findings or conclusions in a ruling on any motion unless these rules provide otherwise.
(3) Effect of a Master's Findings and Conclusions. A master's findings and conclusions become the court's findings and conclusions to the extent adopted by the court.
(4) Contesting the Evidentiary Support. A party may contest the sufficiency of the evidence supporting the findings of fact, whether or not the party requested, objected to, or moved to amend the findings.
(5) Setting Aside the Findings. Findings of fact must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the credibility of witnesses.
(b) Amended or Additional Findings. On a party's motion filed not later than 25 days after the entry of judgment, the court may amend or make additional findings, and may amend the judgment accordingly. This deadline may not be extended by stipulation or court order, except as allowed by Rule 4. The motion to amend or make additional findings may be included in a motion under Rule 83.
(c) Judgment on Partial Findings. If a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment against that party on a claim or defense that can be maintained or defeated only with a favorable finding on that issue. A judgment on partial findings must be supported by findings of fact and conclusions of law if requested as required by section (a).
(d) Submission on Agreed Statement of Facts. The parties may submit a matter in controversy to the court on an agreed statement of facts, signed by them and filed with the clerk. The court must render its decision based on the agreed statement unless it finds the statement to be insufficient.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.

Editors' Notes

HISTORICAL NOTES
Former Rule 82, relating to findings by the court, and judgment on partial findings, was abrogated Aug. 30, 2018, effective Jan. 1, 2019. See, now, this rule.
17B A. R. S. Rules Fam. Law Proc., Rule 82, AZ ST RFLP Rule 82
Current with amendments received through 02/1/19
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