Title 6, Guam Rules of Evidence

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…

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…

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.

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…

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…

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…

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…

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 …

Indispensable Evidence is that without which a particular fact cannot be proved. SOURCE: CCP § 1836.

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…

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.

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…

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 …

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 …