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Montana Plaintiffs Proposed Findings of Fact and Conclusions of Law

State:
Montana
Control #:
MT-KL-394-11
Format:
PDF
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A11 Plaintiffs Proposed Findings of Fact and Conclusions of Law
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FAQ

TLDR; yes but its difficult. Don't rely on being able to challenge a finding after it is made it is far, far better to challenge it at the time of your court case, if you have all the available evidence.

S. A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

Findings of Fact & Conclusions of Law These set forth the facts the judge found to be true and the conclusions of law he reached regarding those facts. This allows a losing party to know how and why the judge reached his decision and whether an appeal is warranted.

(n) Findings Of Fact is the decision, opinion or observation arrived by a judge or jury on the issues related to the fact that are submitted for a decision of the court.

Conclusion of law. n. a judge's final decision on a question of law which has been raised in a trial or a court hearing, particularly those issues which are vital to reaching a statement.

In a trial, the final result of an analysis of the facts presented in evidence, made by the trier of fact (a jury or judge). When a judge is the trier of fact, he or she will present orally in open court or in a written judgment the conclusions of fact supporting the decision.

Findings and conclusions show the appellate court that the trial court applied the right standard and found the facts necessary to support the judgment.

The result of the deliberations of a jury or a court. A decision upon a Question of Fact reached as the result of a judicial examination or investigation by a court, jury, referee, Coroner, etc. A recital of the facts as found.

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Montana Plaintiffs Proposed Findings of Fact and Conclusions of Law