Title 43 — Civil Remedies and Procedure

(a) The clerk of the High Court of American Samoa shall, with the approval of the Chief Justice, fix all fees for services, filing fees and other court costs assessed by the judicial branch in connection with services rendered and not otherwise provided for in this code; provided…

The Registrar of Vital Statistics and the Territorial Registrar shall fix all filing fees and costs, with the approval of the Governor, for services rendered the public through their respective offices; provided, however, that such fees shall be set in an amount which is reasonab…

(a) Failure to pay court costs due the government pursuant to a decree, judgment, or court order shall constitute a contempt for which the body of the person in default may in the court’s discretion be attached. (b) No such attachment shall be ordered unless payment is more than …

(a) The Governor, Secretary of American Samoa, Attorney General, Chief Justice, Associate Justice, clerk of the High Court and such other persons as shall be appointed by the Secretary of American Samoa shall have authority to administer all oaths and take acknowledgments for any…

Any case brought in the High Court or in a district court may, in the interest of justice and for the convenience of the parties and witnesses, be transferred by order of the Chief Justice or of the Associate Justice to any court in which it might have been brought originally. Hi…

Actions may be brought within the following times after their causes accrue, and not afterward, except where otherwise especially declared: (1) actions brought to set aside a will, within 6 months from the time the will is filed in the clerk’s office for probate and notice thereo…

In actions for relief on the ground of fraud or mistake, and those for trespass to property, the cause of action shall not be deemed to have accrued until the fraud, mistake or trespass complained of shall have been discovered by the party aggrieved. History: 1962, PL 7-36.

When there is a continuous, open, concurrent account, the cause of action shall be deemed to have accrued on the date of the last item therein, as proved at trial. History: 1962, PL 7-36.

An execution may issue at any time before judgment is barred by the statute of limitations. History: 1962, PL 7-36.

In all cases where, due to death of the party to be charged, the bringing of an action against his estate has been delayed beyond the period provided for by statute, the time within which action may be brought against his estate shall be extended for 6 months from the date of the…

If a person having a cause of action dies within 1 year next previous to the expiration of a limitation, such limitation does not apply until 1 year after such death. History: 1962, PL 7-36.

Minors and insane persons shall have 1 year from after the termination of such disability within which to commence any action regardless of any otherwise applicable limitation period. History: 1962, PL 7-36.

The time during which a defendant is a nonresident of American Samoa shall not be included in the computation of any period of limitation. History: 1962, PL 7-36.

Causes of action founded on contract are revived by an admission in writing, signed by the party to be charged, that the debt is unpaid, or by a like new promise to pay the same. History: 1962, PL 7-36.

A counterclaim may be pleaded as a defense to any cause of action, notwithstanding it is barred by a statute of limitation, if it was the property of the party pleading it at the time it became barred, and was not barred at the time the claim sued on originated; but no judgment t…

When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of such injunction or prohibition shall not be part of the time limited for the commencement of the action except as otherwise provided by law. History: 1962, PL 7-36.…

(a) In the High Court, the civil practice shall conform, as closely as practicable, to the practice provided for in the Federal Rules of Civil Procedure, Title 28, U.S.C. (b) No objection may be made to formal deficiencies in pleading. History: 1962, PL 7-36, 1969, PL 11-54.

In any case where the interest of justice or the convenience of parties, witnesses or the court requires, the Chief Justice or the Associate Justice may order that a session of any division of the High Court adjourn from the courthouse to sit at any appropriate place in American …

Except as otherwise specifically provided by law, the Land and Titles Division shall not exercise any jurisdiction conferred upon it unless there is present the presiding judge, 2 associate judges and 2 assessors. Where, by reason of the absence of the minimum number of persons r…

(a) Before any action relating to controversies over communal land or matai titles may be commenced in the Land and Titles Division, each party shall file with his complaint a certificate signed and attested by the Secretary of Samoan Affairs or his deputy, in which the Secretary…

(a) If the Chief Justice or Associate Justice is satisfied that a dispute which is within the jurisdiction of the Land and Titles Division has arisen between Samoans and is likely to be the subject matter of proceedings under this chapter, he may, at any time before the commencem…

In any proceeding, a justice may, pending final determination of the matter by the Land and Titles Division, make such interim orders as he thinks appropriate. The associate judges sitting in matai title disputes shall refer all requests for ex parte or interim orders to the Chie…

Any order made under 43.0303 or 43.0304 shall be deemed to be an order of the Land and Titles Division and shall be enforceable accordingly. History: 1969, PL 11-54.

The small claims department sessions shall be held pursuant to rules promulgated by the Chief Justice. History: 1967, PL 10-17, 1968, PL 10-62; 1969, PL 11-54; 1970, PL 11-116; 1970, PL 11-119.

(a) An appeal may be taken to the Trial Division by either party adversely affected by a decision. (b) Any appeal shall be filed in writing with the clerk of the High Court within 5 days from entry of judgment and a trial de novo shall be held thereon. History: 1967, PL 10-17; 19…

When an affidavit is filed that personal service cannot be made upon the defendant within American Samoa, service may be made by publication in any of the following cases: (1) actions involving real property in American Samoa or any right, title, interest or estate therein, inclu…

(a) After the complaint or petition has been filed with the court in which the matter is pending, notice shall be published once each month for 2 consecutive months in some newspaper or publication of general circulation, posted in the front of the court house in the village of F…

Proof of service by publication shall be by affidavit of the publisher to which affidavit shall be attached the notice clipped from a copy of the newspaper or publication in which the publication was made. If the publication was made by mailing, affidavit of the person mailing th…

Publication is not necessary if a copy of the order has been served upon the defendant in person or by registered mail at least [2 months and 10 days] before trial, and in case of service by registered mail an official return receipt signed by the defendant is attached to the aff…

(a) The Appellate Division of the High Court shall have power on appeal or review to affirm, modify, set aside, or reverse the judgment or order appealed from or reviewed and to remand the case with such direction for a new trial or for the entry of judgment as may be just. (b) T…

The following procedure shall apply to appeals taken to the Appellate Division of the High Court: (a) Before filing a notice of appeal, a motion for a new trial shall be filed within 10 days after the announcement of the judgment or sentence. (b) A notice of appeal shall be filed…

Pending the hearing and determination of an appeal, execution of the final judgment or order of the High Court shall not be stayed unless the Appellate, Trial, or Land and Titles Division, or Chief Justice, orders a stay for cause shown and upon such terms as it or he may fix. Hi…

Unless and until the Legislature of American Samoa provides for an appeal to a court created by an act of the Legislature, the decisions of the Appellate Division of the High Court shall be final. When and if the Legislature of American Samoa provides for an appeal from any decis…

(a) The plaintiff in any permitted action upon a contract, express or implied, may, at the commencement of the action, or at any time afterward, and before judgment, have such property of the defendant or of any one or more of several defendants as is not exempt from execution, a…

Before any writ of attachment shall issue, the plaintiff, or someone in his behalf, shall make and file with the clerk an affidavit showing that the defendant is indebted to the plaintiff, specifying the amount of such indebtedness over and above all just due credits and offsets,…

(a) Before a writ of attachment shall issue, the plaintiff shall execute and file with the clerk a bond or undertaking with a surety company or 2 or more sureties, to be approved by such clerk, in a sum at least double the amount for which the plaintiff demands judgment, and in n…

The defendant may at any time before judgment move the court or judge for additional security on the part of the plaintiff, and if the court or judge is satisfied that the surety on the plaintiff’s bond is insufficient or has been removed from American Samoa, the attachment may b…

(a) In an action on an attachment bond, the plaintiff therein may recover, if he shows that the attachment was wrongfully sued out, the actual damages sustained and reasonable attorney’s fees, of not more than $25 in any case, to be fixed by the court; and if it is shown that suc…

The marshal shall attach property of the defendant in an amount sufficient to satisfy the demand of the plaintiff, with costs and expenses, if sufficient property not exempt from execution can be found, giving that to which the defendant has an unquestionable title a preference o…

The marshal to whom the writ is directed and delivered must execute the same without delay as follows: (a) Real property or an interest therein shall be attached by filing in the office in which conveyances of the real property attached should be recorded, a copy of the writ of a…

If the marshal has any reasonable doubt as to the ownership of the property or its liability to be taken on the writ, he may require sufficient security to indemnify him for attaching it. History: 1962, PL 7-36.

Whenever it appears by the affidavit of the plaintiff or by the return of the attachment that no property is known to the plaintiff or officer on which the attachment can be executed, or not enough to satisfy the plaintiffs claim, the defendant may be required by the court or jud…

If any attached property is perishable or in danger of serious and immediate waste or decay, the marshal shall sell the same in the manner in which property is sold on execution. Whenever it is made to appear satisfactorily to the court or judge that the interest of the parties t…

The marshal shall make out a full inventory of the property attached and return the same with the writ of attachment. He shall return the writ with the summons if issued at the same time; otherwise, within such time after receipt as is allowed for a return of summons, with a cert…

If the defendant recovers judgment or the plaintiff is nonsuited or the action is discontinued or dismissed, all the proceeds of the sale and money collected by the marshal, and all the property attached remaining in the marshal’s hands, shall be delivered to the defendant or his…

If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff with sufficient sureties and approved by the officer having the attachment, or, after the return thereof, by the clerk, to the effect that he will perform the judgment of the court, the a…

The defendant may at any time after he has appeared in the action, either before or after the release of the attached property, or before any attachment has actually been levied, apply by motion and upon reasonable notice to the plaintiff, to the court in which the action is brou…

Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of the order may be filed in the office in which a copy of the writ has been filed and indexed in like manner. History: 1962, PL 7-36.

All expenses relating to an attachment shall be paid by the plaintiff when a writ is discharged. History: 1962, PL 7-36.

If judgment is recovered by the plaintiff, the marshal shall satisfy the same out of the property attached by him which has not been delivered to the defendant or claimant or subjected to execution on another judgment recovered before the issuing of the attachment, by applying on…