In a great many cases, especially where the court sits as a finder of fact, courts may request proposed findings and conclusions from the parties, or the parties themselves may request the court to receive their proposed findings and conclusions. In all these circumstances, it is good advocacy to submit them in the best form. Proposed findings in a nonjury trial should be submitted pursuant to Local Civil Rule 16.1.
Some simple rules to start. The proposed findings should be written in short, declarative sentences. If necessary, break each finding down to a single fact. If a transcript is available, cite the transcript in support of each fact. Recite the narrative as a story. If the narrative requires portions of individual testimony or documents, recite the narrative using relevant parts of the witness’s testimony. Do not as a matter of rote describe facts from Witness 1, and the facts from Witness 2, and then Witness 3. Tell the story reciting the relevant occurrences, referring to parts of a particular testimony or document to give a clear narrative. If several witnesses agree on a certain fact, cite the record for all who support that fact.
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