BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007
Go to Federal Manuals Table of Contents - Go to Benchbook Table of Contents

Section 2 - Plea Taking/Criminal Trial

    2.04 Findings Of Fact And Conclusions Of Law In Criminal Cases And Motions (FRCP 12 and 23)

        2.04.1 Findings Of Fact And Conclusions Of Law In Criminal Cases And Motions: When Required
        2.04.2 Findings Of Fact And Conclusions Of Law In Criminal Cases And Motions: Form

1. FRCP 23(c):

In all cases tried without a jury, "the court must find the defendant guilty or not guilty. If a party requests before the finding of guilty or not guilty, the court must state its specific findings of fact in open court or in a written decision or opinion."

2. FRCP 12 (d) and (f)—Ruling upon Motions:

"When factual issues are involved in deciding a motion, the court must state its essential findings on the record." (Emphasis added.)

1. FRCP 23(c) provides that, after a trial without a jury, "the court must state its specific findings of fact in open court or in a written decision or opinion."

2. FRCP 12(d) provides that "[w]hen factual issues are involved in deciding a motion, the court must state its essential findings on the record."

3. FRCP 12(f) provides that "[a]ll proceedings at a motion hearing, including any findings of fact or conclusions of law made orally by the court, must be recorded by a court reporter or a suitable recording device."