Legal Memorandum: Standard of Review for Factual Findings

Issue: What is the standard of review for a trial court’s factual findings under Washington law?

Area of Law: Litigation & Procedure
Keywords: Trial court's factual findings; Finding of fact
Jurisdiction: Washington
Cited Cases: 734 P.2d 24; 744 P.2d 1091; 47 Wash. App. 65
Cited Statutes: None
Date: 09/01/2000

“A finding of fact which is without any support in the record cannot stand.”  Department of Licensing v. Sheeks, 47 Wash. App. 65, 70-71, 734 P.2d 24, 27 (1987) (holding that there was insufficient evidence to support the finding that the motorist was confused when he gave his consent). 

When the trial court’s finding is clearly erroneous, it should be overturned by the appeals court.  Darneille v. Department of Employment Sec., 49 Wash. App. 575, 578-79, 744 P.2d 1091, 1094 (1987).


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