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Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 510

previous next Effective - 28 Aug 1943bottom

  510.310.  Procedure in cases tried upon facts without a jury. — 1.  In cases tried upon the facts without a jury, the court shall rule upon all objections to evidence as in jury cases.  Where the court is of the opinion that the evidence is not admissible, it shall not receive the evidence, but where the evidence is brief and is not privileged, the court shall permit the same and any cross-examination relating thereto or evidence in rebuttal thereof to be taken down by the court reporter or otherwise preserved, apart from the evidence received.

  2.  At or after the trial, the court shall render such judgment as it thinks right upon the law and the evidence.  If any party shall so request before final submission of the case, the court shall dictate to the court reporter, or prepare and file a brief opinion containing a statement of the grounds for its decision and the method of determining any damages awarded; and may, or if specifically requested by counsel, shall, include its findings on any of the principal controverted fact issues.  All fact issues upon which no specific findings are made shall be deemed found in accordance with the result reached.

  3.  Upon motion of a party made not later than ten days after entry of judgment the court may amend the judgment and opinion.  The motion may be made with a motion for a new trial.

  4.  No findings of fact, except such as shall have been specifically requested, and no conclusions of law or objections to the judgment or to the opinion of the court are necessary for purposes of review.  The question of the sufficiency of the evidence to support the judgment may be raised whether or not the question was raised in the trial court.  The appellate court shall review the case upon both the law and the evidence as in suits of an equitable nature.  The judgment shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.  The appellate court shall consider any evidence which was rejected by the trial court and duly preserved for the appeal when the appellate court believes such evidence to be admissible.  The appellate court may also order any rejected evidence to be taken by deposition or under a reference and returned to said court.

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(L. 1943 p. 353 § 114)


---- end of effective   28 Aug 1943 ----

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