On the Civil Side A UNC School of Government Blog https://civil.sog.unc.edu Do I Need to Include Findings of Fact in this Order? When must a civil order include specific findings of fact and conclusions of law? Some types of orders must always include at least some findings; some orders need only include them if a party asks for them; and for other orders, findings of fact are inappropriate whether requested or not. Rule 52 of the North Carolina Rules of Civil Procedure gives us the core rules, but exceptions and clarifications abound. And, of course, some types of orders are governed by separate, more specific statutes. Here are the fundamentals: Orders (judgments) after bench trials. In all actions tried without a jury, the judge (as finder of fact) must include specific findings of fact and conclusions of law in the written judgment or written memorandum. Rule 52(a)(1), (3). The requirement is mandatory and does not depend on a party's request. If the court later amends the judgment under Rule 59(e) or 52(b), the court must include any necessary additional findings and conclusions. Findings of fact and conclusions of law are also required when the judge in a bench trial dismisses the case under Rule 41(b) after the plaintiff's evidence. Rule 52(a)(2); Hill v. Lassiter, 135 N.C. App. 515 (1999). If, however, the court properly dismissed the case because the evidence was insufficient as a matter of law (as in a directed verdict)-rather than because the judge was simply unpersuaded by it-there are no facts to be found and including them would be inappropriate. Bauman v. Woodlake Partners, LLP, 191 N.C. App. 441, 445 (2009). Orders on motions. The general rule for orders on a party's or the court's own motion is this: Findings of fact and conclusions of law are not required unless a party requests them. Rule 52(a)(2). For example, the court of appeals remanded a case where a party's motion to dismiss for lack of personal jurisdiction included such a request, and the trial court failed to include them in the order. Agbemavor v. Keteku, 177 N.C. App. 546 (2006). The party is required to make its request before the court enters an order. J.M. Dev. Grp v. Glover, 151 N.C. App. 584 (2002). To this general rule there are two significant categories of exceptions: Findings of fact inappropriate -- Summary judgment and similar dispositive orders. Even if a party requests them, findings of fact are not appropriate in orders disposing of summary judgment motions. The court's task at summary judgment is to determine whether genuine issues of material fact exist for a jury to resolve, not to actually resolve those issues ("find" those facts). Hodges v. Moore, 205 N.C. App. 722 (2010). The court may, however, include a recitation of undisputed facts (ideally labeled "undisputed") in order to set the stage for its ruling. War Eagle, Inc. v. Belair, 204 N.C. App. 548 (2010). (Whether it is a good idea include undisputed facts is a matter of