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CR 52.01 When required; effect

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
VI Trials
CR 52. Findings of the Court
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 52.01
CR 52.01 When required; effect
In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specifically and state separately its conclusions of law thereon and render an appropriate judgment; and in granting or refusing temporary injunctions or permanent injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Requests for findings are not necessary for purposes of review except as provided in Rule 52.04. 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 commissioner, to the extent that the court adopts them, shall be considered as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rules 12 or 56 or any other motion except as provided in Rule 41.02.

Credits

HISTORY: Amended by Order 2012-10, eff. 1-1-13; prior amendments eff. 3-1-74, eff. 4-1-63; adopted eff. 7-1-53
Rules Civ. Proc., Rule 52.01, KY ST RCP Rule 52.01
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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