Trial court judgments in bench trials must contain findings of fact and conclusions of law. Orders disposing of motions, on the other hand, normally only need findings and conclusions if a party requests that the trial court make them. There are some situations, however, where a trial court should not make findings of fact in an order, even if a party requests them. This is because of the trial court’s particular role in those specific proceedings and the possibility for meaningful appellate review of the trial court’s orders without the inclusion of findings and conclusions. This post explores this exception-to-an-exception regarding findings and conclusions for certain dispositive motions.
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Tag: orders
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Tick Tock: Mandatory Time Requirements to Enter A/N/D and TPR Orders
Subchapter I of G.S. Chapter 7B (the Juvenile Code) governs child abuse, neglect, dependency, and termination of parental rights cases in North Carolina. The Juvenile Code “sets out a sequential process for abuse, neglect, or dependency cases, wherein each required action or event must occur within a prescribed amount of time after the preceding stage in the case.” In re T.R.P., 360 N.C. 588, 593 (2006). Included in the statutory time frames are the timing for entry of orders. What exactly does the Juvenile Code require? And, why does it matter? Continue Reading
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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: Continue Reading