7.17Decision1
At the conclusion of the case, the trial court must “find the facts specially, state separately its conclusions of law, and direct entry of the appropriate judgment.” MCR 2.517(A)(1). A court’s decision should include “[b]rief, definite, and pertinent findings and conclusions on the contested matters . . . without overelaboration of detail or particularization of facts.” MCR 2.517(A)(2). However, “[b]revity alone is not fatal to a trial court’s opinion because the rule does not require over-elaboration of detail or particularization of facts.” Powell v Collias, 59 Mich App 709, 714 (1975). Findings are sufficient if it appears that the court was aware of the issues and correctly applied the law. In re Cotton, 208 Mich App 180, 183 (1994).
“A court must base its decision on testimony given in open court, not extrajudicial information.” Gubin v Lodisev, 197 Mich App 84, 86 (1992).
Committee Tip:
When rendering a decision after a bench trial, it is recommended that the judge cover the following:
•Applicable statutes;
•Applicable jury instructions;
•Burden of proof;
•Any presumptions that may apply;
•Findings of facts sufficient to show an appellate court that the trial judge was aware of the issues and correctly applied the appropriate law;
•Conclusions of law; and
•Entry of the appropriate judgment.
A trial court’s conclusions on questions of law are reviewed de novo. Haliw v City of Sterling Hts (Haliw II), 471 Mich 700, 704 (2005). Findings of fact are reviewed for clear error. Mulcahy v Verhines, 276 Mich App 693, 698 (2007); MCR 2.613(C). “A trial court’s findings are clearly erroneous only where [the reviewing court is] left with a definite and firm conviction that a mistake has been made.” Samuel D Begola Servs, Inc v Wild Bros, 210 Mich App 636, 639 (1995) (quotation marks and citation omitted).
For more information on written and oral opinions, see the Michigan Judicial Institute’s Appeals & Opinions Benchbook, Chapter 3.
Part III: Jury Trials