Louisiana Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is a legal term used in family law cases in Louisiana. This motion is filed by a party involved in a divorce, child custody, or related domestic relations matter, and requests the court to make specific findings of fact and state conclusions of law. The purpose of this motion is to seek clarity and specificity in the court's decision by asking the judge to clearly outline the facts that were proven in the case and the legal principles that support the ultimate decision. By doing so, it allows the parties involved to understand the court's reasoning and provides a foundation for potential appeals. Keywords: Louisiana, motion, specific findings of fact, state conclusions of law, domestic relations, divorce, child custody, legal principles, court decision, appeals. Different Types: 1. Motion to Make Specific Findings of Fact: This type of motion specifically focuses on asking the court to identify and state the facts that were proven during the proceedings. It aims to ensure that the court accurately recollects the evidence and its impact on the final decision. 2. Motion to State Conclusions of Law: This type of motion concentrates on requesting the court to articulate the legal principles that were applied to the case. It aims to obtain a clear understanding of the legal reasoning and principles that influenced the outcome. 3. Motion to Make Specific Findings of Fact and State Conclusions of Law: This type of motion combines both the previous types and seeks to ask the court to provide a detailed account of both the proven facts and the applicable legal principles. It ensures a comprehensive description of the court's decision-making process. Overall, the Louisiana Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations serves as a valuable tool in family law cases, as it allows parties to understand and evaluate the judge's decision while also providing a basis for potential legal challenges.
Louisiana 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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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 Supreme Court stated that the Federal Rule of Civil Procedure 52(a) provides that ?a finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.? Essentially, the appellate ... clearly erroneous | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? clearly_erroneous cornell.edu ? wex ? clearly_erroneous
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.
Rule 52(a) directs that ?[f]indings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous.?1 A judgment as to whether Rule 52(a) applies often controls any ultimate decision to affirm, reverse, mod- ify, or otherwise direct a consequence for the district court's holding ... Federal Rule of Civil Procedure 52(A) as an Ideological Weapon fsu.edu ? cgi ? viewcontent fsu.edu ? cgi ? viewcontent
Findings of fact and conclusions of law serve many purposes. They allow litigants to know the reasons for the trial court's ruling. This in turn narrows the issues for appeal. Findings of fact and conclusions of law are also necessary for appellants and appellees to preserve certain errors. How to Draft Good Findings of Fact and Conclusions of Law utcle.org ? ecourses ? get-asset-file ? asset_id utcle.org ? ecourses ? get-asset-file ? asset_id
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. Rule 52. Findings and Conclusions by the Court; Judgment on ... LII / Legal Information Institute ? rules ? frcp ? rule_52 LII / Legal Information Institute ? rules ? frcp ? rule_52
