Maine Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations

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US-MOT-01429
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This is a multi-state form covering the subject matter of the title.

Maine Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations: In the state of Maine, a Motion to Make Specific Findings of Fact and State Conclusions of Law is a legal document filed in domestic relations cases to request the court to make explicit findings of fact and state conclusions of law regarding different aspects of the case. This motion is significant in ensuring a fair and just resolution to domestic relations matters, such as divorce, child custody, spousal support, or property division. By filing a Motion to Make Specific Findings of Fact and State Conclusions of Law, the party involved seeks to obtain a detailed written record of the court's reasoning and decision-making process. This is crucial for various reasons, including the ability to appeal the court's ruling, understanding the basis on which decisions were made and being informed about the legal grounds for the outcome. The document generally includes the following sections: 1. Heading: The motion should begin with the court's name, case number, and parties involved. 2. Introduction: The introduction should introduce the party filing the motion and briefly explain the purpose of the motion. 3. Statement of Facts: In this section, the party provides a comprehensive and detailed narrative of the relevant facts pertaining to the domestic relations case. These facts should be laid out in a clear and organized manner, supporting the party's position or arguments. 4. Request for Findings of Fact: This section explicitly requests the court to make specific findings of fact based on the evidence presented during the proceedings. The party filing the motion may also suggest or propose specific findings they believe are pertinent to the case. 5. Request for Conclusions of Law: Similarly, this section requests the court to state the legal conclusions or principles on which the court based its decision. The party may also suggest specific conclusions they believe should be stated. 6. Legal Argument and Supporting Case Law: This section provides an opportunity for the party to present their legal argument, supporting it with relevant case law and statutes. It is crucial to articulate why specific findings and conclusions should be made based on the evidence and applicable law. 7. Conclusion: Concluding the motion, the party reiterates the requested relief and asks the court to issue an order granting the motion for specific findings of fact and conclusions of law. Types of Maine Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations: 1. Divorce Proceedings: A party involved in divorce proceedings can file a Motion to Make Specific Findings of Fact and State Conclusions of Law to ensure accurate and well-founded findings and conclusions in relation to matters such as property division, child custody, child support, alimony, and more. 2. Child Custody: In cases solely focused on child custody, either during divorce or in unmarried situations, the involved party can file a motion specifically addressing the desired findings of fact and conclusions of law related to custody matters. 3. Spousal Support: When matters of spousal support, also known as alimony, are being decided, either party can file a motion requesting specific findings of fact and conclusions of law related to the need and duration of spousal support. 4. Property Division: In cases where the division of marital property is a significant issue, a motion can be filed to seek specific findings of fact and conclusions of law regarding the equitable distribution of assets, debts, and other property-related matters. It is essential to consult with an experienced family law attorney to determine the specific type of Motion to Make Specific Findings of Fact and State Conclusions of Law that is most appropriate for your domestic relations case in Maine.

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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 ...

If an application is made to produce the information under Rule 26(g), the party resisting discovery bears the initial burden to show the court that the information is not, in fact, "reasonably accessible because of undue burden or expense." The requesting party must then show "good cause" why the information should be ...

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.

No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.

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.

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 ...

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.

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Any motion made pursuant to Rule 52(a) must include the proposed findings of fact and conclusions of law requested. The court is not required to make findings. 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 ...Defendant attached to his Motion, proposed findings of fact and conclusions of law, which provided: 1. Plaintiff has been the owner and mortgagee of the ... (C) If the reviewing body accepts the stipulation in its entirety, the reviewing body shall adopt all findings of fact and conclusions of law in the stipulation ... Dec 1, 2010 — The court shall cause the court reporter to promptly transcribe the findings of fact and conclusions of law, file the same, and send a copy ... QUESTIONS PRESENTED. 1.Does a State Judges have authority to preside over a case when He/She has a conflicts of interest Does. Judges and judicial officers must be familiar with a breadth of potential legal issues to make informed decisions in family cases. The look and feel of family ... Aug 14, 2007 — As the rule states, a party must make a motion for further findings of fact and conclusions of law within ten days after notice of the court's ... It clarifies UCCJA provisions that have received conflicting interpretations in courts across the coun- try, codifies practices that have effective- ly reduced ... State laws vary under the "Domestic Relations Exception" giving states the jurisdiction over divorce law. However, certain constitutional rights will ...

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Maine Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations