The summons must be served by delivering a copy thereof as follows: (a) If the suit is against a domestic corporation, to the president or other head of the corporation, a vice president, a secretary, an assistant secretary, general manager, or a person designated for service of process or authorized to receive service of process. If such corporation is a bank, to any of the foregoing officers or agents, thereof, or to a cashier or an assistant cashier thereof. If no such officers or agents of the corporation can be found within Guam after diligent
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search, then to the Director of Revenue and Taxation as provided in 18 GCA § 6101, unless the corporation be of a class expressly excepted from the operation of that section. (b) If the suit is against a foreign corporation, or a nonresident joint stock company or association, doing business in Guam, in the manner provided by 18 GCA § 6101. (c) If against a minor, under the age of fourteen (14) years, residing in the territory of Guam, to such minor, personally, and also to his father, mother, or guardian; or if there by none in Guam, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed. (d) If against a person residing in Guam, who has been judicially declared to be of unsound mind or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such person, and also to his guardian. (e) In all cases where a corporation has forfeited its charter or right to do business in Guam, or has dissolved, by delivering a copy thereof to one of the persons who have become the trustees of the corporation and of its stockholders or members, or, in a proper case, as provided in 18 GCA § 6101 or § 7102. (f) Except as otherwise provided by statute, a summons shall be served on a person; (1) Within Guam, as provided in this Chapter; (2) Outside of Guam but within the United States, as provided in this Chapter, or as prescribed by the law of the place where the person is served; (3) Outside of the United States, as provided in this Chapter, or as directed by the court in which the action is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as prescribed by the law of the place where the person is served or as directed by the foreign authority in response to a letter rogatory. (g) In all other cases to the defendant personally. SOURCE: CCP § 411, amended by P.L. 13-131:1. 2013 NOTE: Numbers and/or letters were altered to adhere to the Compiler’s alpha- numeric scheme in accordance to 1 GCA § 1606.
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COMMENT: Because the Legislature has specifically amended this section since the first adoption of the Guam Rules of Civil Procedure, the Compiler has included this Section as a substantive enactment superseding the Rules. Former Guam CCP § 411 and § 412 (the next section) have been amended both by the Guam Legislature and by the California Legislature. With the amendment of 18 GCA § 7102 and § 7103 by P.L. 15-69, the difficulties encountered in this and the next section, due to the fact that they are incomplete, have been rectified.