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

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Multi-State
Control #:
US-MOT-01429
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.

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FAQ

In all actions tried upon the facts without a jury, the court shall find the facts specially and shall state separately its conclusions of law and direct the entry of the appropriate judgment. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court.

As submitted by the Court, Rule 611(b) provided: A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interests of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.

RULE 52. FINDINGS BY THE COURT Upon motion of a party made not later than thirty (30) days after entry of judgment the court may amend its findings or make additional findings and may amend the judgment ingly. The motion may be made with a motion for a new trial pursuant to Rule 59.

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.

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 ...

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.

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 ...

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