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When there is disagreement about the facts of a case, the judge or jury determines what the facts are by making findings of fact. The findings of fact ? for example, that the light was red, not green as the plaintiff alleges ? must be supported by evidence in the record.
A finding of fact, also known as a conclusion of fact, refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.
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.
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.
Whenever a cause (including for this purpose a petition for post conviction relief has been tried to the court and taken under advisement by the judge, and the judge fails to determine any issue of law or fact within ninety (90) days, the submission of all the pending issues and the cause may be withdrawn from the ...
B) Written findings of fact and conclusions of law are required in all actions tried without a jury, whether or not requested by a party.
In both civil and criminal cases, it is the jury's duty to decide the facts in ance with the principles of law laid down in the judge's charge to the jury. The decision is made on the evidence introduced, and the jury's decision on the facts is usually final.
Some of the most common type of post trial motions include a motion for new trial, a motion for judgment notwithstanding the verdict (JNOV), or a motion to amend or nullify the judgment.