Oklahoma Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is a legal document used in family law cases in Oklahoma. This motion aims to request the court to make specific factual determinations and legal conclusions based on the evidence presented in the case. This detailed description will cover the purpose, content, and various types of motions related to this topic. Firstly, it's important to understand the purpose of the Oklahoma Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations. This motion is typically filed after the conclusion of a trial or hearing, and its purpose is to ensure that the court clearly states its findings of fact and conclusions of law to support its final order or judgment in a domestic relations case. The content of this motion revolves around requesting the court to make specific factual findings related to the case. This includes outlining the key evidence presented, summarizing the testimonies of witnesses, and addressing any relevant legal arguments. The motion also seeks the court to state explicit legal conclusions that support its final decision regarding the issues in question, such as child custody, visitation rights, division of marital property, alimony, child support, or any other matter related to a domestic relations case. Different types of Oklahoma Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations can be categorized based on the specific area of family law they pertain to: 1. Child Custody and Visitation: This type of motion focuses on obtaining specific findings of fact and legal conclusions related to determining the custody arrangement for children involved in a divorce or separation. It addresses factors such as the best interests of the child, parental fitness, living arrangements, and visitation schedules. 2. Division of Marital Property: This motion targets the equitable distribution of marital assets and debts, including real estate, bank accounts, investments, vehicles, and personal belongings. It seeks specific findings on the nature, value, and respective contributions of each party towards the accumulation of marital property. 3. Alimony and Spousal Support: This type of motion requests the court to make specific findings of fact and legal conclusions regarding the need for and calculation of spousal support. It focuses on factors such as the length of the marriage, the earning capacity of each spouse, financial disparity, and any relevant statutory provisions. 4. Child and Spousal Support Modification: This motion is filed when a party seeks to modify an existing child or spousal support order. It asks the court to re-evaluate the circumstances and make specific findings of fact and legal conclusions regarding the requested modification based on changes in income, employment status, or other relevant factors. It is crucial to consult with a qualified attorney or refer to the appropriate statutes and court rules when drafting an Oklahoma Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations to ensure compliance with the specific requirements of the court and the nature of the case.
Oklahoma Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations
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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 ...
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 trial court's opportunity to judge the witnesses' credibility.
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.
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.
Under the Federal Rules of Criminal Procedure Rule 52, "a plain error that affects substantial rights may be considered even though it was not brought to the court's attention." The purpose of the plain error rule is not only to protect the defendant from serious injustices, but to also protect the reputation of the ...
If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding ...
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.
