Washington Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations
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How to fill out Motion To Make Specific Findings Of Fact And State Conclusions Of Law - Domestic Relations?
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Findings by the court. (1) In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.
Rule 58. Entry of judgment. The party designated by the judge or, if the judge does not otherwise designate, the party who prepares the judgment, shall serve a copy of the judgment upon all other parties within three days after the judgment is entered.
Rule 54. ? A judgment is either interlocutory or the final determination of the rights of the parties. (b) Judgment upon multiple claims or involving multiple parties.
Findings of fact, whether based on oral or other evidence, 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 witnesses' credibility.
After the trial concludes, both sides write up extensive "Proposed Findings of Fact and Conclusions of Law" that detail exactly how they think the Court should rule on each point in dispute.
Trials the judge not only makes the legal conclusions but also is the finder of fact. Written findings of fact and conclusions of law are required in all actions tried without a jury, whether or not requested by a party.
Rule 52 ? Findings and Conclusions by the Court; Judgment on Partial Findings. (a) Findings and Conclusions. (1) In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately.
The best evidence rule requires the production of an original writing, except when its unavailability is satisfactorily explained, when an effort is being made to prove the terms of a writing, but it has no application to an attempt to prove the existence of a writing. McCormick, Evidence § 198 (1954).
