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Rule 52(a) Form 2 Findings of fact and conclusions of law

[Name of plaintiff's attorney]


[Name of attorney's firm]
[Address of attorney's firm]
[Arizona State Bar number of attorney]
[Telephone number of attorney]
Attorney for Plaintiff [Name of Plaintiff]
In the Superior Court of the State of Arizona
In and for the County of [Name of County]
[Name of plaintiff],
Plaintiff,
v.
[Names of defendants],
Defendants.

}
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}

NO. [CASE NUMBER]


FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
Assigned to the Hon.
[Name of judge]

This matter came on regularly for trial to the Court on [date of trial]. The parties did not
request a jury trial. The Court has received and considered the testimony received and the
exhibits admitted into evidence.
Being fully advised in the premises, the Court hereby makes the following findings of fact
and conclusions of law, such having been requested before trial by [name of party], pursuant
to Ariz. R. Civ. P. 52(a):

I. FINDINGS OF FACT

1. Plaintiff is a banking association organized and existing pursuant to the laws of the
State of [name of state], and is authorized to do and is doing business in the State of
Arizona.
2. Defendants [name of husband] and [name of wife] are husband and wife, residing

in [name of county], and have caused an act to occur within the State of Arizona which
gives rise to this action. At all times material hereto, defendants were acting for and on
behalf of themselves and their marital community.
3. This Court has jurisdiction over this controversy pursuant to A.R.S. 12-120.
Venue is proper pursuant to A.R.S. 12-401, for the reason that all defendants reside in
[name of county] and the debt sued upon was contracted in [name of county].
4. On [date of execution], defendants [name of husband] and [name of wife] while
acting on behalf of themselves and on behalf of their respective marital communities,
executed and delivered to Plaintiff their promissory note in writing in the principal sum
of [text dollar amount of note] dollars, payable to the order of Plaintiff as set forth in the
Note.
5. Defendants are in default under the terms of said Note.
6. By reason of such default, defendants owe Plaintiff the principal sum of [text
dollar amount of principal] dollars, plus accrued interest in the amount of [text dollar
amount of interest] dollars.
7. The Note does not contain a provision authorizing the award of attorney's fees.
II. CONCLUSIONS OF LAW
On the basis of the foregoing Findings of Fact, the Court makes the following
Conclusions of Law:
1. The promissory note dated [date of promissory note] is a valid and enforceable
contract between plaintiff and defendants.
2. Defendants were not coerced into entering into the contract at issue.
3. Defendants are in default under the terms of the promissory note.
4. Plaintiff is entitled to judgment in its favor on its complaint against defendants, in
the principal amount of [text dollar amount of principal] dollars.
5. Plaintiff is the prevailing party in this matter and is entitled to an award of its
reasonable attorney's fees and costs incurred in this action, pursuant to A.R.S. 12341.01.
DATED this [date of signature].

_______________
[Name of judge]
Judge of the Superior Court,
County of [Name of County]

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