In Washington State, the Motion to Make Specific Findings of Fact and State Conclusions of Law is commonly used in domestic relations cases to request the court to enter a written order that specifies the court's factual findings and legal conclusions regarding a particular issue or dispute. This motion is crucial in ensuring a clear and comprehensive record of the court's decision-making process. When filing a Motion to Make Specific Findings of Fact and State Conclusions of Law in domestic relations matters, it is important to include the following relevant keywords to provide a detailed description: 1. Motion: A formal written request submitted to the court. 2. Specific Findings of Fact: Refers to the court's determination and statement of the relevant facts presented during the case. 3. Conclusions of Law: Refers to the court's application of the law to the specific facts of the case. 4. Domestic Relations: Pertaining to family law matters such as divorce, child custody, child support, spousal support, and property division. 5. Washington State: The jurisdiction where the motion is being filed. Different types or instances where a Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations can be utilized include: 1. Divorce Proceedings: This motion can be filed after a divorce trial to request the court to make specific findings of fact and state conclusions of law regarding various issues like property division, child custody, or spousal support. 2. Child Custody Disputes: When there is a disagreement over child custody arrangements, either party can file this motion to ensure the court clearly outlines its factual findings and legal conclusions regarding the best interests of the child. 3. Modification of Support Orders: In cases where there is a request for modification of child support or spousal support, this motion can be used to provide the court with relevant facts and legal arguments that support the requested modification. 4. Property Division: During the dissolution of a marriage, when there are disputes about the division of assets and debts, filing a Motion to Make Specific Findings of Fact and State Conclusions of Law can help the court determine the appropriate division based on the evidence and applicable laws. 5. Parenting Plan Modifications: If one parent seeks a modification of an existing parenting plan due to a significant change in circumstances, this motion can be utilized to persuade the court by presenting relevant facts and legal arguments supporting the requested modification. In summary, a Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations in Washington State is an essential tool to ensure that the court's decision regarding various family law matters is well-documented and supported by factual and legal analysis tailored to the specific case at hand.
Washington Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations
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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.
Rule 58. Entry of judgment. The party designated by the judge or, if the judge does not otherwise designate, the party who prepares the judgment, shall serve a copy of the judgment upon all other parties within three days after the judgment is entered.
Rule 54. ? A judgment is either interlocutory or the final determination of the rights of the parties. (b) Judgment upon multiple claims or involving multiple parties.
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.
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.
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.
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 best evidence rule requires the production of an original writing, except when its unavailability is satisfactorily explained, when an effort is being made to prove the terms of a writing, but it has no application to an attempt to prove the existence of a writing. McCormick, Evidence § 198 (1954).
