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Idaho Rules of Family Law Procedure Rule 801. Findings and Conclusions by the Court.

 

(a) In General.

 

(1) After Trial. The court must find specific facts and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court. Judgment must be entered under Rule 802.

 

(2) Interlocutory Injunction. In granting or refusing an interlocutory injunction, the court must similarly state the findings and conclusions that support its action.

 

(3) Judgment by Default. The court is not required to state findings or conclusions in support of a judgment by default.

 

(4) Motion. The court is not required to state findings or conclusions when ruling on an interlocutory order, a motion under Rules 502 or 507, or any other motion except as provided in Rule 119.

 

(5) Effect of a Master's Findings A master's findings, to the extent adopted by the court, must be considered the court's findings.

 

(6) Questioning Evidentiary Support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings.

 

(7) Setting Aside 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 court's opportunity to judge the witnesses' credibility.

 

(b) Amendment or Additional Findings. On a party's motion filed no later than 14 days after the entry of judgment, the court may amend its findings, or make additional findings, and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 804.

 

(c) Assignment of Error.  No party may assign as error the lack of findings unless the party raised the issue to the court by an appropriate motion.

 

(Adopted March 29, 2021, effective July 1, 2021.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Justice Cynthia K.C. Meyer



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Molly J Huskey
Judge Jessica M. Lorello
Judge Michael P. Tribe

 

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