Can a judge reverse a finding made by the successful litigant after the trial judge had heard the finding?

MultiRegion, United States of America

The following excerpt is from S.E.C. v. Rogers, 790 F.2d 1450 (9th Cir. 1986):

Anderson v. City of Bessemer City, --- U.S. ----, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985) instructs us not to reverse a trial judge who has adopted findings proposed by a party unless the findings are clearly erroneous. Trial judges, laboring under a heavy burden of cases, often have to rely on the findings prepared by the successful litigant. In the instant case, findings were prepared by Rogers and carefully scrutinized and corrected by a very able trial judge. Nonetheless, the scrutiny occurred not quite three years after the trial judge had heard the case. No reason appears in the record why this extraordinary lapse of time took place. Many matters were not fresh in the judge's mind. Reliance on counsel led to acceptance of a point of view and to findings which were clearly erroneous.

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