The record and certified findings of fact of the circuit court shall be filed in the Supreme Court within 30 days after the hearing is concluded. No findings of fact, except such as shall have been specifically requested, and no conclusions of law or objections to the judgment or to the opinion of the. This allows a losing party to know how and why the judge reached his decision and whether an appeal is warranted.
These set forth the facts the judge found to be true and the conclusions of law he reached regarding those facts. If the Supreme Court determines from the petition, from any hearing on the petition, from a review of the records of the case, including the record of any hearing on a motion to test evidence pursuant to § 9.1-1104, or from any response from the Attorney General that a resolution of the case requires further development of the facts under this chapter, the court may order the circuit court to conduct a hearing within 90 days after the order has been issued to certify findings of fact with respect to such issues as the Supreme Court shall direct. After many bench trials or the hearing of motions, the judge often will issue findings of fact and conclusions of law, especially if requested to do so by a party. If you do not have findings, the appellate process is much harder for the appellant.
Determination by the Supreme Court for findings of fact by the circuit court. Mixed questions of law and fact are difficult to distinguish.
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