South Carolina Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations
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How to fill out Motion To Make Specific Findings Of Fact And State Conclusions Of Law - Domestic Relations?
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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.
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.
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.
Findings by the court. (1) 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 direct the entry of the appropriate 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.
In both civil and criminal cases, it is the jury's duty to decide the facts in ance with the principles of law laid down in the judge's charge to the jury. The decision is made on the evidence introduced, and the jury's decision on the facts is usually final.
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.
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.
