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JURISDICTION: FEDERAL

This template applies to United States District Courts and Circuit Courts of Appeals governed by FRCP, FRAP, and Federal Rules of Evidence.

NOTICE OF NON-COMPLIANCE - FEDERAL JUDGE

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1. Judicial Authority and Duties

You preside over the above-captioned matter as {{District Judge / Magistrate Judge}}, bound by:

• Federal Rules of Civil Procedure, particularly FRCP 52(a) (findings of fact and conclusions of law)
• Federal Rules of Evidence
• Local Rules for the {{District}} District of {{State}}
• 28 U.S.C. §455 (judicial disqualification)
• Code of Conduct for United States Judges
• Due Process Clause of the Fifth Amendment

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2. Identified Non-Compliance

The following duties required by federal law have not been performed as of {{date}}:

Issue 1: Failure to Provide Written Findings of Fact and Conclusions of Law

Pursuant to FRCP 52(a)(1):

"In an action tried on the facts without a jury or with an advisory jury, 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 the evidence or may appear in an opinion or a memorandum of decision filed by the court."

Despite {{bench trial concluding on {{date}} / evidentiary hearing on {{date}}}}:

• No written findings of fact have been filed
• No conclusions of law have been separately stated
• No opinion or memorandum of decision appears in the record (ECF docket as of {{date}})
• {{Oral ruling was made / No ruling at all}} but FRCP 52(a) requires written findings

Effect on Appellate Review:

FRCP 52(a)(1) exists specifically to facilitate appellate review. See Anderson v. City of Bessemer, 470 U.S. 564, 571 (1985) ("The court of appeals' role in reviewing findings of fact is quite restricted..."). Without findings and conclusions:

• Appellant cannot adequately brief issues for Circuit Court review
• Appellate court lacks basis to apply "clearly erroneous" standard to factual findings
• Legal conclusions cannot be reviewed de novo because they are not separately stated
• Judgment is procedurally defective

Issue 2: {{If applicable - other procedural violations}}

{{Examples:

• Ex parte communications without notice
• Denial of motion without explanation or legal basis
• Failure to provide notice and opportunity to be heard
• Bias or appearance of impropriety requiring recusal under 28 U.S.C. §455}}

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3. Demand for Compliance

You are hereby demanded to:

A. Issue Written Findings and Conclusions (FRCP 52(a))

Within fourteen (14) business days of service of this notice:

1. File written findings of fact addressing {{contested factual issues - e.g., "witness credibility, weight of evidence, factual disputes regarding exhaustion of remedies"}}.

2. File separate conclusions of law addressing {{legal issues - e.g., "application of qualified immunity, burden of proof, statutory interpretation"}}.

3. File findings and conclusions on {{CM/ECF}} so they are part of the official appellate record.

OR

Provide written explanation of why FRCP 52(a) does not apply to this proceeding, including:

• Statutory or rule-based authority for oral decision without written findings
• Factual basis showing proceeding was not "tried on the facts" requiring FRCP 52(a)

B. {{Additional Demands if Applicable}}

{{Examples:

• Recuse yourself pursuant to 28 U.S.C. §455(a) and provide written basis for prior non-recusal
• Provide opportunity to be heard on {{issue decided ex parte}}
• Issue ruling on pending Motion No. {{X}}, filed {{date}}, which remains pending {{X}} days without decision}}

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4. Legal Authority

FRCP 52(a) - Mandatory Requirement

FRCP 52(a)(1) uses the mandatory word "must": the court must find facts specially and state conclusions separately. This is not discretionary.

Kelley v. Everglades Drainage Dist., 319 U.S. 415, 422 (1943): "The importance of [FRCP 52(a)] cannot be overestimated... It is designed to aid the appellate court... This end is served only when the findings... are detailed and stated separately."

United States v. El Paso Nat. Gas Co., 376 U.S. 651, 656-57 (1964): Findings "are the pillars of the decision," and their absence makes appellate review impossible.

{{Circuit}} Circuit precedent: {{Insert circuit case requiring FRCP 52(a) compliance}}

Due Process - Notice and Opportunity to be Heard

{{If applicable}} The Fifth Amendment requires notice and opportunity to be heard before adverse action. Mathews v. Eldridge, 424 U.S. 319 (1976). {{Your ex parte ruling / failure to hold hearing / other violation}} deprived {{party}} of due process.

28 U.S.C. §455 - Recusal

{{If applicable}} A judge must recuse when "impartiality might reasonably be questioned." 28 U.S.C. §455(a). {{Facts creating appearance of bias}} require recusal.

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5. Record Preservation and Further Relief

This Notice of Non-Compliance serves as:

• Formal notice of procedural non-compliance for appellate review
• Preservation of objection to procedural defects pursuant to FRCP 46
• Predicate for the following relief if compliance is not forthcoming:

Administrative Remedies:

1. Complaint to {{Circuit}} Judicial Council pursuant to 28 U.S.C. §351 (judicial misconduct and disability)
2. Complaint to Committee on Judicial Conduct and Disability

Appellate Remedies: 3. Notice of Appeal to {{Circuit}} Circuit Court of Appeals citing procedural violations 4. Mandamus petition to Circuit Court pursuant to 28 U.S.C. §1651 (All Writs Act) to compel compliance with FRCP 52(a)

Direct Relief: 5. Motion for Reconsideration emphasizing mandatory nature of FRCP 52(a) 6. Motion to Recuse pursuant to 28 U.S.C. §455 {{if applicable}}

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6. Preservation of Objections

Pursuant to FRCP 46, a party may preserve a claim of error by informing the court of the action the party wishes the court to take. This Notice of Non-Compliance formally informs the Court of:

1. Objection to lack of written findings and conclusions required by FRCP 52(a).
2. Demand for compliance within fourteen (14) business days.
3. Preservation of all appellate and administrative remedies if compliance is not forthcoming.

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7. Service and Filing

This Notice of Non-Compliance is:

• Filed via CM/ECF on {{date}}
• Served on all parties via CM/ECF
• Served on {{Judge Name}} via {{chambers email / ECF notice / other approved method per local rules}}

Note: {{District}} Local Rules {{permit/require}} {{method of communicating with chambers}}.

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CONCLUSION

Federal Rule of Civil Procedure 52(a) exists to ensure meaningful appellate review and prevent arbitrary decision-making. The Supreme Court has called findings of fact "the pillars of the decision" and emphasized their mandatory nature.

Compliance with this procedural rule is not a request for judicial discretion—it is a demand for performance of a ministerial duty imposed by the Federal Rules.

I respectfully request that the Court comply with FRCP 52(a) by filing written findings of fact and conclusions of law within fourteen (14) business days.

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Respectfully submitted,

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{{Your Signature}} {{Your Name}} {{Pro Se Party / Attorney for {{Party}}}} {{Address}} {{Phone}} {{Email}}

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CERTIFICATE OF SERVICE

I hereby certify that on {{date}}, a true and correct copy of this Notice of Non-Compliance was filed via CM/ECF and served on all parties and {{delivered to chambers via {{method}}}}.

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{{Signature}} {{Name}}

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APPENDIX: RELEVANT AUTHORITIES

Federal Rules of Civil Procedure:

• FRCP 52(a)(1): Findings and conclusions required in bench trials
• FRCP 52(a)(6): Findings reviewable on appeal under "clearly erroneous" standard
• FRCP 46: Objecting to ruling or order
• FRCP 79: Records maintained by clerk

United States Code:

• 28 U.S.C. §455: Disqualification of justice, judge, or magistrate judge
• 28 U.S.C. §351: Complaints against judges (judicial misconduct)
• 28 U.S.C. §1651: All Writs Act (authority for mandamus)

Supreme Court Precedent:

• Kelley v. Everglades Drainage Dist., 319 U.S. 415 (1943)
• United States v. El Paso Nat. Gas Co., 376 U.S. 651 (1964)
• Anderson v. City of Bessemer, 470 U.S. 564 (1985)

{{Circuit}} Circuit Precedent: {{Insert controlling circuit cases on FRCP 52(a) requirements}}

Code of Conduct for United States Judges:

• Canon 1: A judge should uphold the integrity and independence of the judiciary
• Canon 2: A judge should avoid impropriety and the appearance of impropriety
• Canon 3: A judge should perform the duties of the office impartially and diligently

Local Rules: {{Insert applicable local rules for the district - e.g., rules on communicating with chambers, motion practice, etc.}}

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Resources:

• FRCP full text: https://www.law.cornell.edu/rules/frcp
• Circuit Court website: {{Insert circuit court URL}}
• Judicial Conduct & Disability: https://www.uscourts.gov/judges-judgeships/judicial-conduct-disability
• Local Rules: {{Insert district court local rules URL}}