Rule 52.01. Findings Required

0310-01-01-.01  APPLICABILITY OF TENNESSEE RULES OF CIVIL PROCEDURE AND CORRELATION WITH T.C.A. § 9-8-403(a)(1).

TRCP Rule 52.01 is followed, but is modified by the deletion of its first sentence and the following substituted in its place:

Pursuant to T.C.A. § 9-8-403(j), the Commissioners shall provide findings of facts and conclusions of law on the disposition of all claims on the regular docket and on the disposition of all claims for Criminal Injuries Compensation.

Editor’s Note:  The text of original Tenn. R. Civ. Pro. 52.01 is set forth below so that the reader can readily see the changes adopted by the Claims Commission.

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. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 or 56 or any other motion except as provided in Rules 41.02 and 65.04(6).

Click here for Advisory Commission Comments to Rules 52.01-52.02.

License

Tennessee Rules of Civil Procedure (Modified for Use in the Tennessee Claims Commission) Copyright © 2021 by BirdDog Law, LLC (No copyright claimed as to government works.). All Rights Reserved.