60-252. Findings by the court.
60-252
60-252. Findings by the court.(a) Effect. In all actions tried upon the facts without a jury or withan advisory jury or upon entering summary judgment or involuntary dismissal,the judge shall find, and either orally or in writing state, the controllingfacts and the judge's conclusions of law thereon. Judgment shall be enteredpursuant to K.S.A. 60-258 and amendments thereto. Ingrantingor refusing interlocutory injunctions, except in divorce cases, the judgeshall set forth the findings and conclusions of law. Requests for findingsare not necessary. Findingsof fact shall not be set aside unless clearly erroneous, and due regardshall be given to the opportunity of the trial court to judge the credibilityof the witnesses. The findings of a master, to the extent that the judgeadopts them, shall be considered as the findings of the court. If an opinionor memorandum of decision is filed, it will be sufficient if the findingsof fact and conclusions of law appear therein.
(b) Amendment. Upon motion of a party made not later than10days after entry of judgment the court may amend its findings or makeadditionalfindings and may amend the judgment accordingly. The motion may be madewith a motion for a new trial pursuant to K.S.A. 60-259 andamendments thereto. When findingsof fact are made in actions tried by the court without a jury, the questionof the sufficiency of the evidence to support the findings may thereafterbe raised whether or not the party raising the question has made in thedistrict court an objection to such findings or has made a motion to amendthem or a motion for judgment.
(c) Judgment on partial findings. If during a trial without a jurya party has been fully heard on an issue and the court finds against the partyon that issue, the court may enter judgment as a matter of law against thatparty with respect to a claim or defense that cannot under the controlling lawbemaintained or defeated without a favorable finding on that issue, or the courtmay decline to render any judgment until the close of all the evidence. Such ajudgment shall be supported by findings of fact and conclusions of law asrequired by subsection (a).
History: L. 1963, ch. 303, 60-252; amended by Supreme Court orderdated July 28, 1976;L. 1997, ch. 173, § 27; July 1.