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Rule 52 – Findings by the Court

May 14, 2021 | Civil Procedure, South Carolina

(a) Effect. In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Requests for findings are not necessary for purposes of review. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rules 12 or 56 or any other motion except as provided in Rule 41(b).
(b) Amendment. Upon motion of a party made not later than 10 days after receipt of written notice of entry of judgment the court may amend its findings or make additional findings and may amend the judgment accordingly, and the motion may be made with a timely motion for a new trial. When findings of fact are made in actions tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made in the trial court an objection to such findings or has made a motion to amend them or a motion for judgment.
(c) Time for Appeal; End of Term. The time for appeal for all parties shall be stayed by a timely motion to amend the judgment and shall run from the receipt of written notice of entry of the order granting or denying such motion. The time within which to make the motion under this Rule shall not be affected by the ending of a term of court or departure of the judge from the circuit, and the trial judge shall retain jurisdiction of the action for the purpose of hearing and disposing of such motion if not heard and disposed during the term. Except by consent of the parties, argument on the motion shall be heard in the circuit where the trial was held. The motion may in the discretion of the court be determined on briefs filed by the parties without oral argument.
(d) Judge to be Provided with Copy. A party filing a written motion under this rule shall provide a copy of the motion to the judge within ten (10) days after the filing of the motion.

S.c. R. Civ. P. 52

Rules 52(a) and (b) are the language of the Federal Rule. They incorporate the provisions of Code ยงยง15-36-110, 15-35-130, and 15-35-140 on judgments and decrees in nonjury trials. Rule 52(c) is added to meet the needs of State practice. Rule 52(b), Motion to amend, as indicated by the words “In such actions,” does not apply to cases tried by jury, but expands the right presently available in equity cases to all actions tried by the court without a jury. It is not to be confused with the right to correct clerical errors and omissions under Rule 60(a), or to open up judgments under Rule 60(b). The last sentence of Rule 52(b) makes clear that a motion to amend is optional, not a prerequisite to the right to appeal.

Note to 1986 Amendment:

The third sentence in the original Rule 52(a) could be construed to alter the scope of review of appellate courts when the “two judge” rule is inapplicable and, therefore, is deleted. The amendments to Rule 52(b) and (c) provide that the time for appeal commences upon the receipt of written notice of entry of the order disposing of such motions, rather than the date when the court signed the order. Similar amendments are made in Rules 50(e) and 59.

Note to 1998 Amendment:

This amendment adds Rule 52(d). It is intended to help insure that the judge is promptly notified that the motion has been filed.