Establishing secure connection…Loading editor…Preparing document…

Rule 52 Findings by the Court

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

MOTION FOR SEPARATE TRIAL OR IN THE ALTERNATIVE TO SEVER

V.

IN THE CHANCERY COURT OF , MISSISSIPPI

NO.

COMES NOW, and moves this Court to grant a separate trial or in the alternative to sever its claims against and in support thereof would show unto this Court the following facts, to-wit:

1.

In , subsequent thereto, filed a Complaint for Divorce against the Defendant, . That

Complaint against , a Mississippi Corporation and a separate legal entity filed a

, a Mississippi Corporation and separate legal entity in the

Judicial District of County, Mississippi.

2.

That on or about , the Circuit Court of the Judicial District

of , Mississippi ordered the transfer of the Complaint pending in the Circuit Court

to the Chancery Court and further ordered it consolidated with the divorce proceeding pending in

the Chancery Court.

3.

This matter was originally scheduled to be heard in its entirety in of

. However, it was not concluded during that trial setting. Subsequently, it was set for

. At that time, this Court heard a portion of the evidence and entered a Consent Partial Final

Judgment. That pursuant to the terms of the Consent Partial Final Judgment, the marital

residence is being placed upon the real estate market for sale. That after the sale, if the parties

cannot reach an agreement as to the disposition of the proceeds, then this matter will come back

before this Court for a hearing.

4.

would show that as a result of the delays in this proceeding and the fact that the

marital residence has not sold and is speculative as to when it will sell, its rights to pursue its

claim against in a reasonable, orderly and timely manner are being denied.

5.

requests this Court to order a separate trial on the claims of or in the

alternative to sever the claims of

WHEREFORE, PREMISES CONSIDERED, moves this Court that upon Notice

and Hearing, it will order a separate trial on the claims of or in the alternative to sever

the claims of against . And prays for such other relief as to which it may

be entitled.

DATED, this the of ,

Respectfully submitted,

Attorney for

CERTIFICATE OF SERVICE

I, do hereby certify that I have this date mailed by United States Mail, Postage

Prepaid a true and correct copy of the above and foregoing Motion for Separate Trial or in the

Alternative to Sever to

DATED this the day of ,

Enter text

What Rule 52 findings are and when courts prepare them

Rule 52 findings by the court are written findings of fact and conclusions of law prepared by a judge after a bench trial, evidentiary hearing, or on motions that require factual determinations. They explain the judge's factual findings, apply legal standards to those facts, and provide a record that supports the entry of judgment or equitable relief. Well‑crafted Rule 52 findings reduce ambiguity, facilitate enforcement and appeal review, and document the reasoning the court relied on when resolving credibility, damages, or equitable issues. The judge signs and files the findings as part of the case record.

Why clear Rule 52 findings matter in litigation

Precise findings support enforceable judgments, assist appellate review, and reduce repeated briefing by clarifying factual bases and legal conclusions.

Why clear Rule 52 findings matter in litigation

Primary users and frequent readers of Rule 52 findings

The following roles prepare, rely on, or review Rule 52 findings during and after trial.

  • Trial judges and chambers staff who draft, edit, and enter formal findings into the docket.
  • Litigators and appellate counsel who cite findings in post‑trial motions and on appeal.
  • Court clerks and case managers who file and distribute the signed findings to parties and the docket.

Each group uses findings differently: judges for recordkeeping, counsel for preservation and argument, and clerks for official filing and service.

Core elements to include in professional Rule 52 findings

A complete set of findings makes the court's reasoning accessible, links conclusions to the record, and supports downstream enforcement or appeal. Include these elements in a consistent order and format.

Caption

Case caption and docket number at the top so the findings are clearly associated with the correct litigation file and docket entry.

Procedural History

Concise summary of the proceedings, motions, and trial dates that led to the need for findings of fact and conclusions of law.

Findings of Fact

Detailed, numbered factual findings tied to specific evidence and witness testimony; avoid conclusory language without record support.

Conclusions of Law

Legal conclusions applying governing standards to the facts, explaining choice of law and any statutory or equitable framework used.

Remedy and Rationale

Clear statement of the judgment, relief awarded or denied, and how the remedies follow from the findings and applicable law.

Signature and Entry

Judge's signature block, city and date, and instruction for entry on the docket so the findings become an official court record.

Required information and essential fields for Rule 52 findings

Case Caption: Parties and docket number
Court Identification: Court name and division
Judge Name: Presiding judge
Dates: Trial/hearing and entry dates
Findings Section: Numbered factual findings
Signature Block: Judge signature and date

Step-by-step process to draft and file Rule 52 findings

Follow a structured drafting and filing workflow to produce defensible findings and to ensure timely entry on the docket.

  • 01
    Gather record: Collect transcripts, exhibits, and trial notes before drafting.
  • 02
    Draft findings: Prepare numbered fact findings and legal conclusions tied to evidence.
  • 03
    Chambers review: Submit draft to chambers for editing and approval.
  • 04
    File and serve: Clerk files the signed order and serve parties per local rules.

Where to file, serve, and record signed findings

Understanding the routing ensures findings become an official part of the case file and are available to parties and the appellate court.

  • Clerk filing: Judge or clerk submits the signed findings for docket entry.
  • Service to parties: Clerk or counsel serves a copy on all parties per local rule.
  • Electronic docket: Findings are uploaded to the court's electronic filing system where available.
  • Record indexing: Clerk links the findings to trial transcripts and exhibits for appeal.

Configuring an electronic workflow for drafting and circulating findings

Set up an editing, review, and signing flow that preserves version history and meets court entry requirements.

Field Configuration
Authentication Level Two‑factor for chambers and counsel review
Signature Type Typed or scanned judge signature per local rules
Retention Policy Permanent retention in court record system
Notifications Automatic alerts on executed filing

Technical and compliance considerations for electronic findings

Electronic drafting and signing should satisfy federal/state e‑signature laws and the court's local rules while preserving audit evidence.

  • Legal Framework: Comply with ESIGN and UETA where applicable
  • File Formats: Use PDF/A for archival and docket compatibility
  • Integrations: Connect with court e‑filing and document management systems

Ensure the chosen platform captures an audit trail, preserves integrity, and aligns with the court's local e‑filing and signature rules.

Common drafting errors to avoid

  • Vague findings that state conclusions without citing specific testimony or exhibits, hindering appellate review.
  • Mixed or contradictory fact statements that create ambiguity about which findings support the remedy.
  • Omitting procedural history or failing to identify the legal standard applied for each conclusion.
  • Improper signature or entry steps that delay docketing or raise authenticity questions.

Risks and consequences of defective or incomplete findings

Reversal Risk: Appellate courts may remand for more specific findings
Vacatur: Judgment can be vacated if findings fail to support relief
Sanctions: Faulty or bad‑faith submissions can trigger sanctions
Delay: Incomplete entry delays enforcement or collection
Evidentiary Gaps: Missing citations weaken credibility and reliance
Service Defects: Improper service can extend appeal timetables

Comparing eSignature vendors for signing and preserving findings

Basic pricing and feature availability for common eSignature vendors. Use this as a starting point; verify current plans and local requirements before purchase.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Rule 52 findings and electronic handling

Answers to common questions about drafting, signing, filing, and preserving Rule 52 findings in electronic workflows.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users