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0 tracked cards Civil Procedure

In a federal bench trial, the plaintiff presents all evidence on an equitable claim. The defendant then asks the judge to enter judgment because the plaintiff failed to prove reliance. The plaintiff argues that the judge must wait until the defendant presents evidence and may not decide credibility yet.
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Rule 52(b) motions to amend findings may be made at any time. The court may not weigh credibility in a bench trial. In a bench trial, the court need not make findings of fact or conclusions of law if either party asks for them. In a bench trial, the court must find facts specially and state conclusions of law separately, and Rule 52(c) allows judgment on partial findings after a party has been fully heard on an issue.

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