Title: Understanding Georgia Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations Keywords: Georgia, Motion to Make Specific Findings of Fact, State Conclusions of Law, Domestic Relations, types Introduction: In Georgia, when involved in a domestic relations case, it is crucial to have a thorough understanding of the legal process and procedures. One significant aspect of domestic relations cases is the Motion to Make Specific Findings of Fact and State Conclusions of Law. This motion plays a pivotal role in ensuring a fair and just resolution by requesting the court to outline specific factual findings and legal conclusions related to the case. This detailed description will provide insight into the motion's purpose, procedure, and different types, if applicable. 1. Purpose of Georgia Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations: The purpose of filing a Motion to Make Specific Findings of Fact and State Conclusions of Law in Georgia's domestic relations cases is to attain a clear and comprehensive understanding of the court's decision-making process. By requesting specific findings of fact and legal conclusions, the motion safeguards transparency, allows for fair appeals, and establishes a solid record for future reference. 2. Procedure for Filing the Motion: To initiate the Motion to Make Specific Findings of Fact and State Conclusions of Law, the following procedural steps generally apply in Georgia's domestic relations cases: a. Drafting the Motion: The party requesting specific findings and conclusions must draft a well-structured motion. It should outline the reasons for seeking clarity and demonstrate how it relates to the case in question. b. Supporting Evidence: Attach any relevant documentation or evidence that supports the request for specific findings and conclusions. c. Filing the Motion: The motion must be filed with the appropriate court, along with any required fees, within the specified timeframe outlined by the court rules or the judge's directions. d. Notice to Opposing Party: The opposing party must be served with a copy of the motion and supporting documents, allowing them sufficient time to respond or object. e. Hearing: The court may schedule a hearing to listen to arguments from both parties and make a decision on the motion. Alternatively, the court may choose to issue findings and conclusions based solely on the written motion and supporting documents. 3. Types of Georgia Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations: Although no specific types of motions are explicitly mentioned in the context of Georgia's domestic relations cases, different circumstances may necessitate the filing of a Motion to Make Specific Findings of Fact and State Conclusions of Law. Here are some possible scenarios where such motions can be used: a. Divorce: When filing for divorce, a party may request specific findings and conclusions regarding the division of assets, alimony, child custody, or child support, ensuring clarity and fairness in the court's decision. b. Child Custody Disputes: Parents involved in child custody disputes might seek specific findings and conclusions related to the child's best interests, visitation schedules, or relocation requests. c. Property Division: In cases involving the division of marital property, a party can request specific findings and conclusions pertaining to the valuation and distribution of assets. Conclusion: Filing a Motion to Make Specific Findings of Fact and State Conclusions of Law is an essential step in Georgia's domestic relations cases. It allows parties to ensure transparency, aids in the appeals process, and establishes a clear record for future reference. Understanding the purpose, procedure, and potential types of such motions is crucial for effectively navigating the complexities of domestic relations cases in Georgia.
Georgia Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations
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Special appearance is a tool defendants can use to challenge a court's jurisdiction over them. If a court does not have personal jurisdiction or there are other errors like for service of process, many states allow defendants to challenge the lawsuit without submitting to a court's jurisdiction.
B) Written findings of fact and conclusions of law are required in all actions tried without a jury, whether or not requested by a party.
Some of the most common type of post trial motions include a motion for new trial, a motion for judgment notwithstanding the verdict (JNOV), or a motion to amend or nullify the judgment.
Trials the judge not only makes the legal conclusions but also is the finder of fact. Written findings of fact and conclusions of law are required in all actions tried without a jury, whether or not requested by a party.
When there is disagreement about the facts of a case, the judge or jury determines what the facts are by making findings of fact. The findings of fact ? for example, that the light was red, not green as the plaintiff alleges ? must be supported by evidence in the record.
After the trial concludes, both sides write up extensive "Proposed Findings of Fact and Conclusions of Law" that detail exactly how they think the Court should rule on each point in dispute.
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.
A finding of fact, also known as a conclusion of fact, refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.
