Vt. R. Prob. P. 52

As amended through November 4, 2024

Rule 52 - Findings by the Court

(a)Effect. The court shall, when required by law or upon request of a party participating in the hearing made on the record or in writing at the hearing, or may upon its own initiative, find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. It will be sufficient if the findings of fact and conclusions of law are stated orally and recorded in open court following the close of the evidence or appear in an opinion or memorandum of decision filed by the court. Findings of fact and conclusions of law are unnecessary on decisions of motions.

(b)Amendment. Upon motion of a party made not later than 14 days after entry of judgment, the court may amend its findings or make additional findings and may amend the judgment accordingly.

Vt. R. Prob. P. 52

Amended Oct. 17, 2017, effective 1/1/2018.

Reporter's Notes-2017 Emergency Amendment

Rule 52(b), as amended September 20, 2017, effective January 1, 2018, is further amended to provide a 14-day time period consistent with the basic purpose of the day-is-a-day amendments of the Civil and Probate rules rather than the 28 days adopted initially for consistency with the comparable provisions of the Federal Rules of Civil Procedure. The amendment reflects the significant differences between probate and civil practice. Matters in probate court generally involve important personal concerns that could be adversely affected by the additional extension of the time for appeal resulting from the longer period. Moreover, there is less need in probate practice to be concerned with uniformity with the Federal Rules.

Reporter's Notes-2018 Amendment

Rule 52(b) is amended to extend its 10-day time period to 28 days consistent with the simultaneous "day is a day" amendments to V.R.P.P. 6 and for consistency with the new standard of V.R.C.P. 52(b), adopted to conform to the federal rule.