(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).
Rule 52.Findings by the court
Group VI: Trials · Last amended April 30, 2026 · Last verified July 13, 2026
In one sentenceRule 52 requires a judge trying a civil case without a jury to make separate findings of fact and conclusions of law, allows a motion to amend those findings within 20 days of notice of judgment, and tolls the appeal deadline until the parties get written notice that the court has ruled on that motion.
Full Text of Rule 52
(b) Amendment. Upon motion of a party made not later than 20 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.
Notes
Note: Rules 52(a) and (b) are the language of the Federal Rule. They incorporate the provisions of Code §§ 15- 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.
Note to 2026 Amendment: The amendment to paragraph (b) increases the time to make a motion to amend from 10 days to 20 days after receipt of written notice of entry of judgment.
Amendment History
Last amended by Order dated April 30, 2026.
Plain-English Summary
When a South Carolina civil case is tried to the bench rather than a jury — including cases tried with an advisory jury — Rule 52(a) requires the judge to do more than announce a winner. The judge must find the facts specially and state conclusions of law separately, with judgment then entered under Rule 58. The same requirement applies when the court grants or refuses an interlocutory injunction. A party doesn't have to request findings to preserve review of them, and if the court adopts a master's findings, those findings count as the court's own for this purpose. An opinion or memorandum of decision satisfies the rule as long as the findings and conclusions appear in it. The rule carves out an exception for rulings on Rule 12 or Rule 56 motions, and most other motions, where findings aren't required — except where Rule 41(b) itself calls for them.
Subsection (b) gives a party a path to fix or expand those findings after judgment: a motion to amend the findings, or to add findings, filed no later than 20 days after receipt of written notice that judgment was entered. That motion can be paired with a timely new-trial motion. Importantly, a party doesn't have to have objected to the findings at trial, or moved to amend them, in order to later challenge whether the evidence supports the court's findings — the sufficiency of the evidence stays open for challenge regardless.
Subsection (c) mirrors the appeal-timing structure found elsewhere in these rules: a timely motion to amend the judgment stops the appeal clock, and it doesn't start running again until the parties get written notice that the court has ruled on the motion. Neither the end of a court term nor the judge's departure from the circuit cuts off the judge's power to decide the motion, and argument happens in the circuit where trial occurred unless the parties agree otherwise — with the court free to decide the motion on briefs without oral argument. The 20-day window in subsection (b) reflects a 2026 amendment that doubled the previous 10-day period, a change made alongside identical amendments to Rules 50 and 53. Subsection (d) requires anyone filing a written Rule 52 motion to get the judge a copy within ten days of filing.
Frequently Asked Questions
Does a South Carolina judge have to explain the reasoning behind a bench-trial ruling?
Yes. Rule 52(a) requires the court to find the facts specially and state its legal conclusions separately in any case tried without a jury, or with only an advisory jury, and the same requirement applies to rulings on interlocutory injunctions.
How long does a party have to ask the court to amend its findings after a bench trial?
No later than 20 days after receiving written notice that judgment was entered. That deadline was raised from 10 days by a 2026 amendment to Rule 52(b).
Does a party have to object to the court's findings at trial to challenge them later?
No. Rule 52(b) allows a party to raise the sufficiency of the evidence supporting the findings later, whether or not that party objected to the findings, moved to amend them, or moved for judgment at trial.
Do findings of fact have to be made on every motion in a civil case?
What happens to the appeal deadline if a party files a timely motion to amend the judgment?
The time to appeal is stayed for every party and doesn't begin running until the parties receive written notice that the order granting or denying the motion has been entered.
If a court adopts a master's findings, do they count as the court's own findings under Rule 52?
Yes, to the extent the court adopts them, a master's findings are treated as the court's findings for purposes of Rule 52(a).
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: findings of fact bench trial South Carolinamotion to amend findings of factjudge sitting without jury findingsmotion to amend judgment 20 daysmaster's findings adopted by court