San Diego Law Review Issue Search
|Title||Findings of Fact|
|Author(s)||Judge James M. Carter & Bruce V. Wagner|
|Abstract||To many of us rules of procedure are nebulous and for that reason we emphasize substantive rules of law even though most of us know the importance of the former. The authors hope in the following material to remove some of this cloudiness from one limited phase of procedure, that of "fact finding." This article is meant to be of assistance to trial judges on whom the final responsibility for preparation of the findings rests. It is also aimed at counsel who may assist in the preparation or who may object to the findings made by the court. Lastly, students should be aware of the fact-finding process that the trial court has gone through when studying appellate court decisions.
Although the basis of the material is derived from federal procedure, the advice and the suggestions should in the main be applicable to most statute proceedings. We shall attempt to illustrate (1) the purpose of the dings, (2) when they are required, (3) how they should be prepared, (4) their effect on appeal, and (5) the effect of a failure to make the necessary findings.