9-11-52 G
*** CODE SECTION *** 12/03/01
9-11-52.
(a) In ruling on interlocutory injunctions and in all nonjury trials
in courts of record, the court shall upon request of any party made
prior to such ruling, find the facts specially and shall state
separately its conclusions of law. If an opinion or memorandum of
decision is filed, it will be sufficient if the findings and
conclusions appear therein. Findings shall not be set aside unless
clearly erroneous, and due regard shall be given to the opportunity
of the trial court to judge the credibility of the witnesses.
(b) This Code section shall not apply to actions involving
uncontested divorce, alimony, and custody of minors, nor to motions
except as provided in subsection (b) of Code Section 9-11-41. The
requirements of subsection (a) of this Code section may be waived in
writing or on the record by the parties.
(c) Upon motion made not later than 20 days after entry of judgment,
the court may make or amend its findings or make additional findings
and may amend the judgment accordingly. If the motion is made with
a motion for new trial, both motions shall be made within 20 days
after entry of judgment. The question of the sufficiency of the
evidence to support the findings may be raised on appeal whether or
not the party raising the question has made in the trial court an
objection to findings or a motion for judgment. When findings or
conclusions are not made prior to judgment to the extent necessary
for review, failure of the losing party to move therefor after
judgment shall constitute a waiver of any ground of appeal which
requires consideration thereof.