A special finding of facts under Section 17-5 should rarely be requested or made but when made it becomes a part of the record with the same effect as though the facts were included in the judgment and claims of error may be based upon it as appearing of record. If the special finding is insufficient to support the judgment, the error is one upon the record. The purpose of a special finding is to place upon the record the material facts upon which the judgment is based; other matters have no place in it and can only be presented in a finding made for the purpose of an appeal. A special finding is an incident to the judgment, and interlocutory rulings should not be included in it. The rules as to seeking corrections in a finding for an appeal have no application to a special finding.
Section 17-8.—Functions of Special Finding
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceExplains that a special finding of facts is rarely needed but, once made, becomes part of the record with the same weight as facts stated in the judgment, and limits it to the material facts underlying that judgment.
Full Text of Section 17-8
Amendment History
(P.B. 1978-1997, Sec. 333.)
Plain-English Summary
Connecticut courts treat a special finding of facts under Section 17-5 as an unusual step, one that should rarely be requested or made. But once a court does make one, it becomes part of the record with the same effect as if those facts had been included directly in the judgment, and a party may base a claim of error on it. If the special finding cannot support the judgment, that shortfall itself counts as an error appearing on the record.
A special finding exists to put the material facts behind the judgment on the record — nothing more. Other matters do not belong in it and can only show up in a finding made for purposes of an appeal. Because a special finding is an incident to the judgment itself, interlocutory rulings have no place in it, and the rules for correcting an appeal finding do not apply to a special finding.
Frequently Asked Questions
What is the purpose of a special finding of facts?
It places the material facts on which the judgment rests onto the record. It is not a vehicle for interlocutory rulings or other matters outside the judgment itself.
Can I use a special finding to raise a claim of error?
Yes. Once made, the special finding becomes part of the record with the same effect as facts stated in the judgment, and a claim of error may rest on it. If the finding is insufficient to support the judgment, that is itself an error on the record.
Do the correction rules for an appeal finding apply to a special finding?
No. Section 17-8 states that the rules for seeking corrections in a finding made for an appeal do not apply to a special finding.
Should interlocutory rulings appear in a special finding?
No. A special finding is an incident to the judgment, and interlocutory rulings should not be included in it.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-8). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: purpose of special finding of factsspecial finding versus appeal findinginterlocutory rulings special findingrecord effect of special finding ConnecticutPractice Book 17-8