X

Legal Memorandum: Requirements for a Motion to Amend Findings

Issue: WHETHER FINDINGS SHOULD BE AMENDED IF THERE IS NO EVIDENCE IN THE RECORD TO SUPPORT THE COURT’S FINDINGS AND THE EVIDENCE COMPELS THE FINDINGS URGED BY THE MOVING PARTY.

Area of Law: Litigation & Procedure
Keywords: Motion for amended findings; Evidence
Jurisdiction: Minnesota
Cited Cases: 89 N.W.2d 726; 235 N.W. 386; 261 N.W.2d 577; 182 Minn. 596; 123 N.W. 287; 109 Minn. 153; 242 N.W. 545; 252 Minn. 118; 252 Minn. 12
Cited Statutes: Minnesota Practice—Civil Rules Annotated R 52.02 § 52.16
Date: 06/01/2008

A proper motion to amend findings must:

(1) identify the alleged defects in the court’s findings,

(2) state why the findings are defective, and

(3) explain the propriety of the alternatively proposed findings. 

See Lewis v. Lewis, 572 N.W.2d 313, 315 (Minn. Ct. App. 1997); accord Pihlman v. Pihlman, No. A06-1391, 2007 (Minn. Ct. App. Aug. 28, 2007) (unpublished opinion).            

When it is claimed that the record does not support the findings, “the moving party should address the record evidence, explain why the record does not support the district court’s findings, and explain why the proposed findings are appropriate.”  Lewis, 572 N.W.2d at 316.  This requirement is similar to the process for challenging findings on appeal, which requires that the party challenging a finding summarize the evidence that supports the challenged finding.  Id. (citing Minn. R. Civ. App. P. 128.02, subd. 1(c)).    Importantly, however, if there is conflicting evidence, a court is not compelled to amend.  Id.; accord Ganyo v. Engen, No. A05-394, 2005 (Minn. Ct. App. Dec. 6, 2005) (unpublished opinion); Kehrer v. Seeman, 182 Minn. 596, 235 N.W. 386 (1931) (stating that a court must strike a finding of fact only when it has no sufficient support in the evidence or goes outside of the issues litigated), cited in 2 Herr & Haydock, Minnesota Practice—Civil Rules Annotated R 52.02

In other words, it is simply not enough to show that […]

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)