Title 6 — Guam Rules of Evidence
10 chapters · 147 sections in this title.
6 GCA § 2101 Division 1 to Control
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Except for § 8207 and for Chapter 9 of this Division, if there is a conflict between this Division and Division 1, then Division 1 shall control. SOURCE: New Section. Compare CCP § 66.1. COMMENT: When the Legislature passed P.L. 15-115:8, it intended that the primary law of Evide…
6 GCA § 2102 Definition of Evidence
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Judicial Evidence is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. SOURCE: CCP § 1823. COMMENT: This Section, and those following in this Chapter, contain definitions and provisions which are used in the Guam Rules…
6 GCA § 2103 Definition of Proof
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Proof is the effect of evidence, the establishment of a fact by evidence. SOURCE: CCP § 1824.
6 GCA § 2104 Definition of Law of Evidence
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The Law of Evidence, which is the subject of this Title, is a collection of rules established by law: 1. For declaring what is to be taken as true without proof; 2. For declaring the presumptions of law, both those which are disputable and those which are conclusive; 3. For the p…
6 GCA § 2105 Degree of Certainty Required to Establish Facts
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The law does not require demonstration, that is, such a degree of proof as, excluding possibility of error, produces absolute certainty; because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced m…
6 GCA § 2106 Kinds of Evidence Specified
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COL120106 There are four kinds of evidence: 1. The knowledge of the court, that is, knowledge of which judicial notice is taken; 2. The testimony of witnesses; 3. Writings; 4. Other material objects presented to the senses. SOURCE: CCP § 1827, as modified. COMMENT: The modificati…
6 GCA § 2107 Primary Evidence
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Primary Evidence is that kind of evidence which, under every possible circumstance, affords the greatest certainty of the fact in question. Thus, a written instrument is itself the best possible evidence of its existence and contents. SOURCE: CCP § 1829.
6 GCA § 2108 Secondary Evidence
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Secondary Evidence is that which is inferior to primary. Thus, a copy of an instrument or oral evidence of its contents is secondary evidence of the instrument and contents, provided that the copy is not introduced as an original as allowed by 1003 of this Title. SOURCE: CCP § 18…
6 GCA § 2109 Direct Evidence
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Direct Evidence is that which proves a fact in dispute, directly, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. For example, if the fact in dispute be an agreement, the evidence of a witness who was present and witnessed th…
6 GCA § 2110 Indirect Evidence
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COL120106 Indirect Evidence is that which tends to establish the fact in dispute by proving another, and which though true, does not of itself conclusively establish that fact, but which affords an inference or presumption of its existence. For example, a witness proves an admiss…
6 GCA § 2111 Prima Facie Evidence
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Prima Facie Evidence is that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. For example, the certificate of a recording officer is prima facie evidence of a record, but it may afterwards be rejected upon proof that there is n…
6 GCA § 2112 Partial Evidence Defined
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Partial Evidence is that which goes to establish a detached fact in a series of facts tending to prove the fact in dispute. It may be received, subject to being rejected as incompetent unless connected with the fact in dispute by proof of other facts. For example, on an issue of …
6 GCA § 2113 Indispensable Evidence
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Indispensable Evidence is that without which a particular fact cannot be proved. SOURCE: CCP § 1836.
6 GCA § 2114 Conclusive Evidence Defined
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Conclusive or unanswerable evidence is that which the law does not permit to be contradicted. For example, the record of a court of competent jurisdiction cannot be contradicted by the parties to it. SOURCE: CCP § 1837. COL120106 CROSS-REFERENCE: See Div. 1 § 902 for a descriptio…
6 GCA § 2115 Cumulative Evidence
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Cumulative Evidence is additional evidence of the same character to the same point. SOURCE: CCP § 1838. CROSS-REFERENCE: Div. 1 § 403 - Admission or exclusion of cumulative evidence.
6 GCA § 2116 Corroborative Evidence
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Corroborative Evidence is additional evidence of a different character to the same point. SOURCE: CCP § 1839. CROSS-REFERENCE: Div. 1 § 804(b)(3) - instances requiring corroboration. See, also, § 8206 of this Division 2 for the law respecting corroboration in certain matters of s…
6 GCA § 2117 Trial of Questions of Fact
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All questions of fact, on trial before a jury, judge, referee or other officer are to be decided by the jury, judge, referee or other officer, and all evidence thereon is to be addressed to them. SOURCE: CCP § 2101, as modified. COMMENT: The modification of this Section reflects …
6 GCA § 2118 Questions of Law Addressed to the Court
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All questions of law in both criminal and civil proceedings, including the admissibility of testimony, the facts preliminary to such admission, and the construction of laws and other writings, and other rules of evidence, are to be decided by the court, and all discussion of law …