(a) The clerk of the Superior Court and of the Supreme Court, respectively, may cause any record, paper or document in their care and custody, to be photographed, microphotographed, or otherwise
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reproduced on film or in digitized form. The storage media shall be durable and the document as recorded shall be one which accurately reproduces the original thereof in all material details. (b) Such photograph, or microphotograph, or digitized reproduction shall be deemed to an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification, facsimile, or certified copy thereof shall, for all purposes recited herein, be deemed to be a transcript, exemplification, facsimile, or certified copy thereof shall for purposes recited herein, be deemed to be a transcript, exemplification, facsimile, or certified copy of the original record. (c) Such photograph, or microphotograph or reproduction shall be placed in safe, conveniently accessible files, or in safe computer storage, and the clerk shall make provisions for preserving the same, and for the public’s examining, copying, and using of the same. The original record, paper, or document shall be preserved or disposed of in accordance with court rules of court and policies promulgated by the Supreme Court of Guam and applicable law. (d) The Supreme Court of Guam may promulgate rules to effectuate this Section; provided, that any existing rule promulgated by the Supreme Court of Guam shall be deemed to be in compliance with this Section and no additional rules need to be promulgated to enforce this Section SOURCE: Added by P.L. 22-128:3 (May 24, 1994). Amended by P.L. 36-042:2 (July 20, 2021). 2021 NOTE: Pursuant to 1 GCA § 1606, the duplicative term “of court” was omitted in subsection (c) from the original language “court rules of court” enacted by P.L. 36-042:2. COMMENT: P.L. 22-128:1 enacted the following Legislative Findings and Intent: The Legislature finds that there is a need to enact legislation that would authorize the clerks of the Superior Court and of the Supreme Court of Guam to photograph, microfilm or otherwise reproduce on film their court’s records. The Legislature further finds that the photographed, microfilmed or reproduced film should be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. More importantly, the Legislature finds that the microfilming and disposition of court records constitute efficient management methods of creating, utilization, maintenance, retention, preservation and disposal of judicial records. The Legislature finally finds that the records photographed, microfilmed or reproduced on film shall be placed in safe, conveniently accessible. files, and that the clerks shall make provision for preserving, examining and using the same.