Legal Definitions - fact finder (finder of fact)

A fact finder (sometimes called a finder of fact) is the individual or group in a legal proceeding responsible for listening to all the evidence presented and determining what actually happened. Their role is to weigh the credibility of witnesses, examine documents and physical evidence, and ultimately decide which facts have been proven.

In most trials, the fact finder is either:

• The jury, in cases where one is impaneled.
• The judge, if there is no jury (often called a "bench trial").

Occasionally, a judge may appoint a "special master" or hearing officer to investigate specific issues and report their factual findings back to the court or agency.

Here are some examples illustrating the role of a fact finder:

• Criminal Trial with a Jury: Imagine a case where a person is accused of vandalism. The prosecution presents security camera footage, witness statements, and forensic analysis of paint samples. The defense argues that the footage is unclear and the witness misidentified their client. The jury serves as the fact finder. They must carefully consider all the evidence, decide whether the witnesses are believable, and determine if the security footage definitively shows the accused committing the act. Their collective decision on these factual matters will lead to a verdict of guilty or not guilty.

• Civil Lawsuit Heard by a Judge: Consider a dispute between a homeowner and a contractor over a renovation project. The homeowner claims the work was substandard and incomplete, while the contractor insists they fulfilled the terms of the agreement. If both parties agree to a trial without a jury, the judge becomes the fact finder. The judge will listen to testimony from both sides, review the contract, examine photographs of the work, and perhaps consider expert opinions. Based on this evidence, the judge will determine the facts: Was the work completed as agreed? Was it up to industry standards? Did either party breach the contract?

• Administrative Hearing with a Special Master: A state environmental agency is investigating a complaint that a factory is discharging pollutants into a local river. The agency appoints a special master to oversee the collection of evidence. The special master's role is to gather scientific reports, interview factory employees and local residents, and review permits and operational logs. They then compile these findings into a report, establishing the factual circumstances of the discharge, its duration, and its potential impact. This report, containing the special master's factual determinations, will then be used by the agency to decide if regulations were violated and what enforcement actions, if any, should be taken.