(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.
§ 9-11-52.Findings by the court
Chapter 11. Civil Practice Act · Article 6. Trials · Last amended 1987 · Last verified July 17, 2026
In one sentenceThis section requires a judge, on request, to make separate findings of fact and conclusions of law in nonjury trials and interlocutory-injunction rulings, protects those findings from reversal unless clearly erroneous, exempts uncontested divorce, alimony, and custody matters and most motions, and lets a party ask the court to amend or add findings within 20 days after judgment.
Full Text of § 9-11-52
(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.
Plain-English Summary
Subsection (a) puts the burden on the parties to trigger this protection: if any party requests it before the court rules, the judge must find the facts specially and state conclusions of law separately, whether in a stand-alone document or within an opinion or memorandum of decision. Once made, those findings carry weight on appeal — they can’t be set aside unless clearly erroneous, and the trial court gets deference for its firsthand read on witness credibility.
Subsection (b) narrows where this requirement applies. It doesn’t reach uncontested divorce, alimony, or child-custody matters, and it doesn’t apply to motions generally, except for the involuntary-dismissal motion addressed in subsection (b) of Code Section 9-11-41. The parties can also waive the whole requirement, in writing or on the record.
Subsection (c) gives both sides a way to fix or fill out the findings after judgment: a motion made not later than 20 days after entry of judgment can ask the court to amend its findings, make additional findings, and amend the judgment to match. If that motion travels alongside a motion for new trial, both must be filed within the same 20 days. And the stakes of skipping this step are real — if the trial court didn’t make findings sufficient for appellate review before judgment, the losing party’s failure to move for them afterward waives any appeal ground that depends on having them. That waiver rule has one carve-out, though: whether the evidence was sufficient to support the findings can be raised on appeal regardless of whether the party ever objected to the findings or moved for judgment in the trial court.
Frequently Asked Questions
When must a Georgia trial judge make separate findings of fact and conclusions of law?
Upon a party’s request made before the ruling, in nonjury trials in courts of record and when ruling on interlocutory injunctions.
What standard applies on appeal when a party challenges the trial court’s findings?
Findings won’t be set aside unless clearly erroneous, and the appellate court gives due regard to the trial court’s opportunity to judge witness credibility.
Does this section apply to uncontested divorce or child-custody cases?
No. Subsection (b) exempts uncontested divorce, alimony, and custody matters, along with most motions other than the involuntary-dismissal motion under subsection (b) of Code Section 9-11-41.
How long does a party have to ask the court to amend or add findings after judgment?
Not later than 20 days after entry of judgment; if paired with a motion for new trial, both must be made within that same 20-day period.
What happens if a party doesn’t seek findings needed for appellate review?
Failing to move for those findings after judgment waives any ground of appeal that requires considering them — except a challenge to whether the evidence was sufficient to support the findings, which may be raised on appeal whether or not the party objected to the findings or moved for judgment below.
Amendment History
Code 1933, § 81A-152, enacted by Ga. L. 1969, p. 645, § 1; Ga. L. 1970, p. 170, § 1; Ga. L. 1987, p. 1057, § 1.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia findings of fact conclusions of lawclearly erroneous standard georgiabench trial findings georgiaamend findings 20 days after judgment georgia