Local Civil Rule 52
FINDINGS OF FACT AND CONCLUSIONS OF LAW
(a) Submission. Within fifteen (15) days after the decisions rendered, the
prevailing party shall submit Findings of Fact and Conclusions of Law and shall
deliver the same together with the Proposed Judgment to the opposing counsel.
If the prevailing party fails to submit proposed findings in a timely manner,
the other party may do so, and shall thereupon note the matter for presentment,
giving the prevailing party at least seven (7) business days notice of the hearing.
(b) Objections. A non-prevailing party objecting to the Findings,
Conclusions or Judgment shall, within fifteen (15) days after receipt of the
same, deliver to proposing counsel two (2) copies of the objections thereto in
writing, and the proposed substitutions. Upon receipt of the objections, the
proposing attorney shall mail the proposed Findings, Conclusions and proposed
Judgment together with one (1) copy of the objections and the proposed
substitutions received from opposing counsel to the trial judge.
(1) If there are no objections received within the fifteen (15) day period
aforesaid, counsel may forward the submittal to the judge who shall, within ten
(10) days thereafter, either (a) sign the proposed Findings of Fact,
Conclusions of Law and Judgment and forward to the Clerk for filing with
conformed copies to all counsel, or (b) return the Findings of Fact,
Conclusions of Law and Judgment, if deficient, to all counsel noting the
Court's requested changes or additions thereto.
(2) If objections are made, the Court shall arrange for a chamber conference
to settle the issues as soon as practicable.
(c) Intent. It is the intent of this rule that Findings of Fact,
Conclusions of Law and Judgment will be settled and filed as soon as possible,
and that such matters shall not be noted on the Motion Docket; provided
however, that if the Findings of Fact, Conclusions of Law and Judgment are not
settled within sixty (60) days after the Court's oral or written decision,
either party may note entry of the Findings of Fact, Conclusions of Law and
Judgment on the Motion Docket.
(d) Application. This rule only applies to the entry of Findings of Fact and
Conclusions of Law when the same are required under CR 52, and does not apply to entry
of orders or judgments unless Findings of Fact and Conclusions of Law are required.
[Adopted Effective April 1, 1986, Amended September 1, 2011]
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