RULE 52. FINDINGS BY THE COURT.

  1. In all actions tried upon the facts without a jury, the Court shall, unless otherwise provided in these rules, find the facts specially and state separately its Conclusions of Law thereon, and judgment shall thereafter be entered pursuant to Rule 58.  In granting or refusing temporary restraining orders or preliminary injunctions, the Court shall similarly set forth the Findings of Fact and Conclusions of Law which constitute the grounds of its action.  If an opinion or memorandum of decision is filed, the facts and legal conclusions stated therein need not be restated, but may be included in the Findings of Fact and Conclusions of Law by reference, or the Court may adopt its written decision of Findings of Fact and Conclusions of Law.
  2. Findings of Fact and Conclusions of Law are waived by failing to appear for trial, by consent in writing filed with the Clerk, by oral consent in open Court, or by entering into a stipulation of facts for consideration by the Court.  Findings of Fact and Conclusions of Law are not necessary and need not be entered when granting or denying a temporary restraining order or preliminary injunction in a divorce proceedings or other domestic relation type dispute or on decisions and motions under Rule 12 or Rule 56 or any other motion except under Rule 41 for involuntary dismissal of a lawsuit.
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