Benton/Franklin Superior Court

		
		
						Local Civil Rule 52
				     FINDINGS OF FACT AND CONCLUSIONS OF LAW


Unless the presiding judicial officer directs that entry of Findings of Fact and Conclusions of Law are to be handled
differently, the Findings, Conclusions and Judgment shall be entered in the following manner:

    (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, September 2, 2014.]