Kansas Statutes Annotated

K.S.A. § 60-252 (2026)

Findings and conclusions by the court; judgment on partial findings

✓ current as of May 2026

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60-252. Findings and conclusions by the court; judgment on partial findings. (a) Findings and conclusions. (1) In general. In an action tried on the facts without a jury or with an advisory jury or upon entering summary judgment, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of evidence, or may appear in an opinion or a memorandum of decision filed by the court. Judgment must be entered under K.S.A. 60-258, and amendments thereto.

(2) For an interlocutory injunction. In granting or refusing an interlocutory injunction, except in divorce cases, the court must similarly state the findings and conclusions that support its action.

(3) Effect of a master's findings. A master's findings, to the extent adopted by the court, must be considered the court's findings.

(4) Questioning the evidentiary support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them or moved for judgment on partial findings.

(5) Setting aside the findings. Findings of fact 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 witness' credibility.

(b) Amended or additional findings. On a party's motion filed no later than 28 days after the 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 K.S.A. 60-259, and amendments thereto.

(c) Judgment on partial findings. If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. The court may, however, decline to render any judgment until the close of the evidence. A judgment on partial findings must be supported by findings of fact and conclusions of law as required by subsection (a).

History: L. 1963, ch. 303, 60-252; amended by Supreme Court order dated July 28, 1976; L. 1997, ch. 173, § 27; L. 2010, ch. 135, § 123; July 1.

Notes of Decisions

Cited in 181 cases (40 in the last 5 years), 1966–2026 · leading case: In re the Marriage of Bradley, 899 P.2d 471 (Kan. 1995).

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In re the Marriage of Bradley, 899 P.2d 471 (Kan. 1995). · cites it 20× “The invitation focuses on the proper application of K.S.A. 60-252 and Supreme Court Rule 165 (1994 Kan.”

State v. Mell, 182 P.3d 1 (Kan. Ct. App. 2008). · cites it 10× “K.S.A. 60-252 requires the trial judge to "find, and either orally or in writing state, the controlling facts.”

Dragon v. Vanguard Indus., Inc., 144 P.3d 1279 (Kan. 2006). · cites it 7× “217) provides in part: “In all contested matters submitted to a judge without a jury including motions for summary judgment, the judge shall state the controlling facts required by K.S.A. 60-252, and the legal principles controlling the decision.”

Burcham v. Unison Bancorp, Inc., 77 P.3d 130 (Kan. 2003). · cites it 5× “Rule 165 provides in relevant part: “In all contested matters submitted to a judge without a jury including motions for summary judgment, the judge shall state the controlling facts required by K.S.A. 60-252, and the legal principles controlling the decision.”

In Re Lett & Jackson, 640 P.2d 1294 (Kan. Ct. App. 1982). · cites it 15× “lxxxi , provides in part: "In all contested matters submitted to a judge without a jury including motions for summary judgment, the judge shall state the controlling facts required by K.S.A. 60-252, and the legal principles controlling the decision.”

Ortiz v. Biscanin, 122 P.3d 365 (Kan. Ct. App. 2004). · cites it 6× “Guaranty first argues for application of the de novo review standard based upon its contention that the trial court violated the spirit and intent of K.S.A. 2003 Supp. 60-252 when it adopted in toto the suggested findings of fact and conclusions of law submitted by Biscanin and…”

State v. Seward, 217 P.3d 443 (Kan. 2009). · cites it 2× “Our Rule 165 places the primary duty for arriving at such findings and conclusions on the district judge. It states simply that "[i]n all contested matters submitted to a judge without a jury .”

Boyles v. City of Topeka, 21 P.3d 974 (Kan. 2001). · cites it 6× “60-252(a) provides in part: "In all actions tried upon the facts without a jury or with an advisory jury or upon entering summary judgment or involuntary dismissal, the judge shall find, and either orally or in writing state, the controlling facts and the judge's conclusions of…”

Lindsey Masonry Co. v. Murray & Sons Constr. Co., 390 P.3d 56 (Kan. Ct. App. 2017). · cites it 2× “See K.S.A. 2015 Supp. 60-252(a)(1) and (5) (In an action tried to the district court, its factual findings "must not be set aside unless clearly erroneous[.”

O'Brien v. Leegin Creative Leather Prods., Inc., 277 P.3d 1062 (Kan. 2012). · cites it 2× “246) — which require that a district court judge “find, and either orally or in writing state, the controlling facts and the judge’s conclusions of law thereon” and “state the controlling facts required by K.S.A. 60-252, and the legal principles controlling the decision” — apply…”

In Re the Adoption of Chance, 609 P.2d 232 (Kan. Ct. App. 1980). · cites it 6× “Ixxii, provides in relevant part: “In all contested matters submitted to a judge without a jury including motions for summary judgment, the judge shall state the controlling facts required by K.”

Read v. Miller, 802 P.2d 528 (Kan. 1990). · cites it 4× “60-250, subsection (b) of K.S.A. 60-252, subsections (b), (e) and (f) of K.”

Show all 181 citing cases →

— K.S.A. § 60-252(a) — 48 cases

Burcham v. Unison Bancorp, Inc., 77 P.3d 130 (Kan. 2003). “Rule 165 provides in relevant part: “In all contested matters submitted to a judge without a jury including motions for summary judgment, the judge shall state the controlling facts required by K.S.A. 60-252, and the legal principles controlling the decision.”

In Re the Adoption of Chance, 609 P.2d 232 (Kan. Ct. App. 1980). “Ixxii, provides in relevant part: “In all contested matters submitted to a judge without a jury including motions for summary judgment, the judge shall state the controlling facts required by K.”

Boyles v. City of Topeka, 21 P.3d 974 (Kan. 2001). “60-252(a) provides in part: "In all actions tried upon the facts without a jury or with an advisory jury or upon entering summary judgment or involuntary dismissal, the judge shall find, and either orally or in writing state, the controlling facts and the judge's conclusions of…”

Mohr v. State Bank of Stanley, 770 P.2d 466 (Kan. 1989).

State v. Mell, 182 P.3d 1 (Kan. Ct. App. 2008). “K.S.A. 60-252 requires the trial judge to "find, and either orally or in writing state, the controlling facts.”

— K.S.A. § 60-252(a)(1) — 15 cases

Lindsey Masonry Co. v. Murray & Sons Constr. Co., 390 P.3d 56 (Kan. Ct. App. 2017). “See K.S.A. 2015 Supp. 60-252(a)(1) and (5) (In an action tried to the district court, its factual findings "must not be set aside unless clearly erroneous[.”

Bicknell v. Kansas Dept. of Revenue (Kan. Ct. App. 2021).

Huffman v. City of Maize (Kan. Ct. App. 2017).

Kirk v. VIM Props. (Kan. Ct. App. 2020).

In re Marriage of Dickson (Kan. Ct. App. 2021).

— K.S.A. § 60-252(a)(4) — 4 cases

In Re Adoption of C.A.T., 273 P.3d 813 (Kan. Ct. App. 2012).

In re Marriage of Rrapaj (Kan. Ct. App. 2024).

In re Marriage of Poggi (Kan. Ct. App. 2020).

In re Marriage of Dickson (Kan. Ct. App. 2021).

— K.S.A. § 60-252(a)(5) — 6 cases

In re Est. of Moore – Gardner – Affirmed – Cowley, 390 P.3d 551 (Kan. Ct. App. 2017).

Woodard v. Hendrix (Kan. Ct. App. 2022).

Miller's Tow & Recovery v. Adams (Kan. Ct. App. 2020).

State v. Thompson (Kan. Ct. App. 2020).

In re Care & Treatment of Clardy (Kan. Ct. App. 2021).

— K.S.A. § 60-252(a)(l) — 1 case

— K.S.A. § 60-252(b) — 25 cases

In re the Marriage of Bradley, 899 P.2d 471 (Kan. 1995). “The invitation focuses on the proper application of K.S.A. 60-252 and Supreme Court Rule 165 (1994 Kan.”

Dragon v. Vanguard Indus., Inc., 144 P.3d 1279 (Kan. 2006). “217) provides in part: “In all contested matters submitted to a judge without a jury including motions for summary judgment, the judge shall state the controlling facts required by K.S.A. 60-252, and the legal principles controlling the decision.”

Haddock v. State, 146 P.3d 187 (Kan. 2006).

Read v. Miller, 802 P.2d 528 (Kan. 1990). “60-250, subsection (b) of K.S.A. 60-252, subsections (b), (e) and (f) of K.”

— K.S.A. § 60-252(c) — 10 cases

Foster v. Stonebridge Life Ins. Co., 327 P.3d 1014 (Kan. Ct. App. 2012).

MFA Enter., Inc. v. Delange, 336 P.3d 891 (Kan. Ct. App. 2014).

Evergreen Recycle, L.L.C. v. Indiana Lumbermens Mut. Ins. Co., 350 P.3d 1091 (Kan. Ct. App. 2015).

Lyons Ex Rel. Lawing v. Holder, 163 P.3d 343 (Kan. Ct. App. 2007).

RAMA Operating Co. v. Barker, 286 P.3d 1138 (Kan. Ct. App. 2012).

— K.S.A. § 60-252(o) — 1 case

Panhandle Agri-Serv., Inc. v. Becker, 644 P.2d 413 (Kan. 1982).

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