Title 43 — Civil Remedies and Procedure

(a) The liability provisions of this chapter shall not be applied to allow for any claim arising out of or based upon any failure of or error produced, calculated, or generated by a government computer system as a result of the system not being Y-2K compliant, regardless of the c…

No action, including, without limitation, any action for declaratory or injunctive relief, may be brought against the American Samoa Government or a government employee, arising out of or based upon any failure of or error produced, calculated, or generated by a government comput…

Nothing in this chapter shall be deemed to prevent the American Samoa Government, an agency, a board, or a government employee, from taking steps to prevent or remedy any failure of or a Y-2K error produced, calculated, or generated by a government computer system as a result of …

Nothing in this act is intended to affect the indemnity and defense coverage rights and obligations under any contract of insurance. History: 1999, PL 26-14.

If any provision of this act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provision…

If any portion of this act is found to be preempted by federal law or regulation, the remainder shall remain in full force and effect to the fullest extent consistent with the preemption. History: 1999, PL 26-14.

As used in this chapter, the following definitions apply: (a) “Applicant” means the entity or entities requesting the court’s issuance of an injunction in their favor. (b) “Entity” means an individual, group of individuals, joint venture, partnership, corporation, trust, or other…

A permanent injunction may be issued by a court having subject matter jurisdiction of the case and personal jurisdiction of the opposing party only after a full and final trial on the merits of the applicant’s claim and determination that a judgment for money damages will inadequ…

(a) A preliminary injunction may be issued by a court having subject matter jurisdiction of the case and personal jurisdiction of the opposing party only after: (1) there has been a hearing in which sufficient grounds for the issuance of a preliminary injunction has been establis…

A temporary restraining order may be issued by a court having subject matter jurisdiction of the case if sufficient grounds for the issuance of a temporary restraining order have been established by way of affidavit, verified complaint, testimony under oath or other competent evi…

(a) Whenever a temporary restraining order is issued without notice to the opposing party, hearing on whether a preliminary injunction should issue shall be conducted on the earliest day that the business of the court will reasonably permit not to exceed 10 days, unless time is e…

(a) Upon notice and hearing, or on its own initiative, the court which issued an injunction, or a superior court, may modify an injunction upon terms that are fair. The modification is effective immediately upon its issuance; however, the modification is not effective against an …

Every order granting an injunction must set forth the reasons for its issuance. Every injunction issued must be specific in terms, must describe in reasonable detail, and not by reference to the complaint or other document, the acts enjoined, and is binding only upon the opposing…

The clerk of courts transmits a copy of each injunction, modification, or termination thereof, granted under this chapter, by the close of the business day on which the order was granted, to the marshal and law enforcement officer or agency within the court’s discretion that are …

(a) Before issuing a preliminary injunction or temporary restraining order the court shall, except when the injunction is granted on the application of the United States government, the government, or an officer or agency thereof or on the application of either spouse against the…

After an opposing party has filed a responsive pleading, a temporary restraining order cannot be issued against the opposing party except upon reasonable notice. History: 1981, PL 17-6.

If a temporary restraining order or a preliminary injunction has been issued and thereafter it is determined that the applicant should not have been entitled to that injunction, then the opposing party may be awarded reasonable costs and attorney’s fees resulting from the issuanc…

Nothing in this chapter precludes any right to use other existing civil remedies. History: 1981, PL 17-6.

Any party failing to comply with an effective injunction issued pursuant to this chapter is, upon a showing of contempt as provided by court rules, subject to the contempt sanctions available to the court issuing the injunction History: 1981, PL 17-6.

As used in this chapter unless the context otherwise requires, the following meanings apply: (a) “Summary proceedings” means a civil action to recover possession of premises and to obtain certain ancillary relief as provided by this chapter and by court rules adopted in connectio…

The Trial Division of the High Court of American Samoa has jurisdiction over summary proceedings to recover possession of premises under this chapter. History: 1984, PL 18-27 § 1, 1986, PL 19-41 § 1.

Except as otherwise provided in this chapter, the procedure in summary proceedings is regulated by rules adopted by the High Court of American Samoa. History: 1984, PL 18-27 § 1, 1986, PL 19-41 § 1.

A person may not make entry into or upon premises unless the entry is permitted by law. If entry is permitted by law, he may not enter with force but only in a peaceable manner. History: 1984, PL 18-27 § 1, 1986, PL 19-41 § 1.

The person entitled to any premises may recover possession of the premises by summary proceedings in the following cases: (1) whenever a person holds over any premises, after failing or refusing to pay rent due under the lease or agreement by which lie holds after 7 days from the…

A demand for possession or payment must be in writing, addressed to the person in possession, and must include the address or a brief description of the premises. The reasons for the demand and the time to take remedial action must be clearly stated. Whenever nonpayment of rent o…

The demand provided for in 43.1406 may be served by delivering it personally to the person in possession, or by delivering it on the premises to a member of his family or household or an employee, of suitable age and discretion, with a request that it be delivered to the person i…

A judgment for possession of the premises for an alleged termination of tenancy may not be entered against a defendant if one or more of the following is established: (1) the alleged termination was intended primarily as retribution for a lawful act arising out of the tenancy; (2…

Pursuant to applicable court rules, a court having jurisdiction over summary proceedings may provide for pleadings and motions, issue process and subpoenas, compel the attendance and testimony of witnesses, enter and set aside defaults and default judgments, allow amendments to p…

(a) The court in which the proceeding is commenced issues a summons, which may be served on the defendant by any officer or person authorized to serve process of the court. The summons commands the defendant to appear for trial in accordance with this section. (b) The summons com…

Except as provided by court rules, a party to summary proceeding may join claims and counterclaims for money judgment for damages attributable to wrongful entry, detainer or possession, for breach of the lease or contract under which the premises were held or for waste or malicio…

If the court finds that the plaintiff is entitled to possession of the premises, or part of the premises, judgment may be entered in accordance with the finding and may be enforced by a writ of restitution. If it is found that the plaintiff is entitled to possession of the premis…

(a) Subject to the time restrictions of this section, the court entering a judgment for possession issues a writ commanding an officer authorized to serve the process, causing the plaintiff to be restored and put in full possession of the premises. (b) On conditions determined by…

If the plaintiff fails to prosecute his complaint, or if upon trial or motion the plaintiff is found not entitled to possession of the premises, judgment is rendered for the defendant for his costs, which are taxed and collected in the same manner as other civil judgments for mon…

The remedy provided by summary proceedings is in addition to, and not exclusive of, other remedies, either legal, equitable or statutory. A judgment for possession under this chapter does not merge with or bar any other claim for relief. History: 1984, PL 18-27 § 1; 1986, PL 19-4…

A party aggrieved by the determination or judgment of the court under this chapter may appeal to the appellate division of the High Court of American Samoa. The appeal is made in the same manner as an appeal in other civil actions from the same court, with bond and procedure as p…

(a) At any time after the entry of judgment for the payment of money by one party to another and before the judgment has been satisfied in full, either party may apply to the court for an order in aid of judgment. (b) Upon such application or upon its own motion, the court, after…

At the hearing, the debtor may be examined orally before the court or the court may refer the examination to a single judge of the court to take evidence and report his findings. In either case, any evidence properly bearing on the question may be introduced by either party or by…

Upon having heard the evidence or having received the report of the single judge, the court shall make such order in aid of judgment as is just for the payment of the judgment. No payment may be required until after the time for appeal from the judgment has expired without notice…

After an application for an order in aid of judgment has been filed in any action, no writ of execution may be issued therein except under an order in aid of judgment made in accordance with this chapter or by special order of the court for cause shown. If a writ of execution is …

Any order in aid of judgment made under this chapter may be modified at any time by the court as justice may require, upon application of either party and notice to the other, or on the court’s own motion. History: 1962, PL 7-36.

If any debtor fails without good cause to comply with any order in aid of judgment made under this chapter, he is guilty of contempt of court and may be punished therefor. History: 1962, PL 7-36; 1966, PL 9-28.

Execution may be issued upon any judgment of any court at any time during the life of the judgment unless otherwise provided by law. History: 1962, PL 7-36.

All executions issued by or from any court must be made returnable within 60 days from the date thereof. History: 1962, PL 7-36.

All executions against property issued from any court must be addressed to a marshal or police officer and must be signed by the clerk of such court. History: 1962, PL 7-36.

Every officer receiving an execution issued in due form by any court shall note thereon the day and hour of its receipt and shall give priority in levying upon property of a defendant in execution, to the executions received by him according to the order in which they are receive…

(a) Every levy by an officer, in pursuance of an execution issued by any court shall be made by taking the property levied upon into his possession, care and guardianship and, at his option, by removal of the same to some place of security. (b) The officer shall make an inventory…

The officer shall, after levy, advertise for sale the property levied upon, whether real or personal, for 30 days, or for such time as the court shall order, by posting a written or printed notice in three conspicuous places within the district where the property is situated. His…

The officer shall, on the day and at the place set for such public sale, unless paid the amount of the judgment, interest and costs, and his fees and disbursements accrued upon the writ, sell the property advertised to the highest bidder. He shall deduct from the proceeds of the …

The form of execution against property to be issued from any court shall be as follows: In————————–Court————) Held at——————————————-) EXECUTION ———————————————– ) vs. ————————-of——————) From: The Government of American Samoa To : The Marshal—or any Police Officer of American Samo…

(a) No real property of a Samoan may be subject to sale under a writ of a court to satisfy any judgment other than a judgment foreclosing a valid mortgage, but the court may appoint a receiver to gather produce lying and being upon the property belonging to a Samoan debtor. Such …