Litigation Documents and Work Product
Court Filings
Proposed findings set out numbered factual determinations with record citations, accompanied by proposed conclusions of law. Courts frequently request them after bench trials and evidentiary hearings.
The court may adopt, modify, or reject them.
Alternative Names:
Proposed Findings, Findings and Conclusions
Why it Matters?
Courts adopt proposed findings substantially more often than parties expect, which makes the submission an unusual opportunity to write the decision. Findings supported by precise record citations are adopted more readily than argumentative ones, because a judge can verify each without reconstructing the record. Overreaching by including contested characterizations undermines the entire submission's credibility.
Frequently Confused with
Related terms
Frequently asked questions
How often are proposed findings adopted?
What undermines a submission?
