What is the rule 52b motion?
Asked by: Dr. Johnson Balistreri Sr. | Last update: November 26, 2025Score: 4.8/5 (3 votes)
Rule 52(b) provides that "[o]n a party's motion ... after entry of judgment, the court may amend its findings-or make additional findings-and may amend the judgment accordingly."' The rule permits a party to file a motion for findings after the judgment; whether it requires such a motion in order to preserve certain ...
What is the rule 52 B motion?
(b) Amendment.
On a partys motion filed no later than 10 days after entry of judgment, the court may amend its findings— or make additional findings— and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59.
What is the rule 52 B of criminal procedure?
Rule 52(b) of the Federal Rules of Criminal Procedure permits an appellate court to correct a trial court's "plain error" despite the lack of an objection in the trial court.
What is the Supreme court Rule 52?
Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.
What is a rule 50 b motion?
Rule 50(b) is amended to permit renewal of any Rule 50(a) motion for judgment as a matter of law, deleting the requirement that a motion be made at the close of all the evidence.
Rule 52; Motion for Reconsideration; CIVIL PROCEDURE [AUDIO CODAL]
What is a 50b motion?
If the motion is denied by the court, it may be renewed under FRCP Rule 50b, in which case it is sometimes known as a motion for judgment notwithstanding the verdict . A motion for judgment as a matter of law is also referred to as a motion for a directed verdict .
What is a 17 B motion?
Simply put, a PC 17(b) motion is a petition asking the court to reduce a felony crime to a misdemeanor. However, it's only possible if the felony is a wobbler that could have been filed initially as either a misdemeanor or a felony.
What is Rule 51 in court?
Although Rule 51 in its present form specifies that the court shall instruct the jury only after the arguments of the parties are completed, in some districts (typically those in states where the practice is otherwise) it is common for the parties to stipulate to instruction before the arguments.
What is a motion in lemonade?
In U.S. law, a motion in limine (Latin: [ɪn ˈliːmɪnɛ], "at the start"; literally, "on the threshold") is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion in limine can also be used to get a ruling to allow for the inclusion of evidence.
What is Rule 56 in court?
Summary Judgment. (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense – or the part of each claim or defense – on which summary judgment is sought.
What is an example of a plain error?
For example, if a judge miscalculates a person's sentence and gives them a longer sentence than they should have received, this would be a plain error. The appellate court can correct this mistake to make sure the person is not unfairly punished.
What is the criminal rule 4 B?
Rule 4(b)(2) has been amended to require that if a summons is issued, the defendant must appear before a magistrate judge. The current rule requires the appearance before a “magistrate,” which could include a state or local judicial officer.
What is rule 53?
Regulation of Conduct in the Court Room. The taking of photographs in the court room during the progress of judicial proceedings or radio broadcasting of judicial proceedings from the court room shall not be permitted by the court.
What is the Federal Rule of criminal Procedure 52 B?
(a) Harmless Error . Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded. (b) Plain Error . Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.
What is Rule 54 B motion to reconsider?
A motion to reconsider an interlocutory order is considered under Rule 54(b), which provides courts “the inherent procedural power to reconsider, rescind, or modify an interlocutory order for cause seen by it to be sufficient.”
What is an example of findings of fact?
When there is disagreement about the facts of a case, the judge or jury determines what the facts are by making findings of fact. The findings of fact — for example, that the light was red, not green as the plaintiff alleges — must be supported by evidence in the record.
Why is it called lemonade?
The History of Lemonade:
Lemonade is called “lemonade” and not “lemon juice” like “orange juice”; because it is a mixture of lemon juice, sugar and water, which is why it's called “lemonade.” Orange juice and apple juice mixed with water and sugar could be called orangeade.
What does in limine mean in law?
in limine. (in lim-in-ay) from Latin for "at the threshold," referring to a motion before a trial begins. A motion to suppress illegally obtained evidence is such a motion. See also: motion to suppress.
What does opening argument mean?
Outline or summary of the nature of a case and of anticipated proof presented by attorney to jury at start of trial, before any evidence is submitted.
What does Rule 69 mean in court?
A Rule 69 Agreement allows the parties to settle some or all of their disputes privately, leaving only the unresolved issues to be resolved by the family law court. Common disputes settled ahead of divorce trial proceedings are visitation, parenting time, child support, and how to divide assets.
What is a Rule 54 motion?
Rule 54 requires that an attorneys' fee motion must be filed no later than 14 days after “judgment.”
What is Rule 151?
Rule 151 – Appointment of a common representative. Rule 152 – Authorisations. Rule 153 – Attorney-client evidentiary privilege. Rule 154 – Amendment of the list of professional representatives.
What is a 404b motion?
Legal Overview. Rule 404(b) states that evidence of other crimes, wrongs, or acts may not be used as evidence of a person's character for “propensity” purposes – that is, to show that the person likely acted in a manner consistent with the other crime, wrong, or act in the present case.
What is a 388 motion?
388 motions are a way to modify or change juvenile court judgments and orders. 388 motions are filed when there is a change of circumstance or new evidence. They are used to petition the court for a hearing to change, modify, or set aside any previous court order or terminate the court's jurisdiction.
What is a 128.5 motion?
(a) A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.