Title 7 — Judiciary and Civil Procedure

Civil actions, without exception, can only be commenced within the periods prescribed in this Chapter, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by law. SOURCE: CCP § 312. ARTICLE 2 COMMENCING ACTIONS FOR RE…

The government of Guam will not sue any person for or in respect to any real property, or the issue or profits thereof, by reason of the right or title of the government of Guam to the same, unless: (a) Such right or title or cause of action shall have accrued within ten years be…

No action can be brought for, or in respect to, real property by any person claiming under letters patent, or grants from any government of Guam, unless the same might have been commenced by the government of Guam as herein specified, in case such patent had not been issued or gr…

When letters patent or grants of real property issued or made by the government of Guam, or any previous government of Guam, are declared void by the determination of a competent court, an action for the recovery of the property so conveyed may be brought, either by the governmen…

No person shall commence any action at law or in equity for the recovery of land, or assert any interest in or right in or lien or demand upon the same, or make entry thereon adversely to the title of interest certified in the certificate of title bringing the land under the oper…

No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appears that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commenceme…

No cause of action, or defense to an action, arising out of the title to real property or to rents or profits out of the same, can be effectual, unless it appears that the person prosecuting the action, or making the defense, or, under whose title the action is prosecuted, or the…

No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make it descended or accrued. SOURCE: CCP § 320.

In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have…

When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or ju…

For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases: (a) Where it has been usually cultivated or improved. (b) W…

Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied, and no other, is deemed to have been held adversely. S…

For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: (a) Where it has been protected by a substantial enclosure…

When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until expiration of five (5) years from the termination of the tenancy, or, where there has been no written lease, until the expiration …

The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property. SOURCE: Guam CCP § 327.

If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same is, at the time such title first descends or…

The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows. SOURCE: CCP § 335.

(a) Any claim arising from an incident of child sexual abuse may be commenced against a person, a legal entity, abusers, their enablers, their aiders or abettors, those acting in concert with them and their institutions at any time. (b) Any claim arising from an incident of child…

(a) An action upon a judgment or decree of any court of the United States or of any state within the United States. (b) An action for mesne profits of real property. SOURCE: CCP § 336.

(a) An action upon any contract, obligation or liability founded upon an instrument in writing. (b) An action to recover (1) upon a book account whether consisting of one (1) or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of t…

The term “book account” means a statement which constitutes the principal record of one (1) or more transactions between a debtor and a creditor arising out of a contract of some fiduciary relation, and which shows the debits and credits in connection therewith, and against whom …

(a) An action upon a liability created by law, other than a penalty or forfeiture. (b) An action for trespass upon or injury to real property. (c) An action for taking, detaining or injuring any goods, or chattels, including actions for the specific recovery of personal property.…

(a) An action for assault, battery, false imprisonment, seduction of a person below the age of legal consent, or for injury to, or for the death of, a person caused by the wrongful act or neglect of another, except as provided for in § 11308. (b) [Repealed.] COL 2024-12-05 (c) [R…

[Repealed.] SOURCE: Added as § 11306.50 by P.L. 31-007:3 (Mar. 9, 2011). Renumbered by Compiler to maintain the general codification scheme of the GCA. Repealed by P.L. 33-187:4 (Sept. 23, 2016).

(a) An action upon a law for a penalty or forfeiture, when the action is given to an individual, or to an individual and the government, except when the law imposing it prescribes a different limitation; (b) An action upon a law, or upon an undertaking in a criminal action, for a…

An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced with one (1) year from the date when the injury is first discovered; provided, that such action shall be commenced within three…

(a) Except as otherwise provided in this Section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property …

(a) Except as otherwise provided in this Section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property …

(a) An action against an officer, or officer de facto: (1) to recover any goods, wares, merchandise or other property seized by such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so …

Any person whose land was expropriated for public purposes by the government of Guam between August 1, 1950, and July 1, 1994, and who has not been compensated by the government of Guam for such taking may institute an action for inverse condemnation. In any taking by the governm…

An action for relief not otherwise provided for must be commenced within four (4) years after the cause of action shall have accrued. SOURCE: CCP § 343. CROSS-REFERENCES: For limitations on actions involving damages against the Government of Guam, see the Government Claims Act in…

In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side. SOURCE: CCP § 34…

The limitations prescribed in this Article apply to actions brought in the name of the government or for the benefit of the government, in the same manner as to actions by private parties, except that actions for the recovery of money due on account of the support of patients in …

An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an advers…

If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under the provision of this Article, any one of them who is entitled to maintain such an action may redeem therein a divided or u…

(a) To actions brought to recover money or other property deposited with any bank, banker, trust company, building and loan association, or savings and loan society there is no limitation. (b) This Section shall not apply to banks, bankers, trust companies, building and loan asso…

with Disability. Notwithstanding any other provision of law, any civil claim or claims arising from an incident of financial or property exploitation of an elderly person or individual with a disability as defined under COL 2024-12-05 Chapter 32 of Title 9, Guam Code Annotated, m…

An action is commenced within the meaning of this Title when the complaint is filed. SOURCE: CCP § 350.

(a) In any civil action for injury or illness based upon exposure to asbestos, chemicals, or other toxic agents, the time for the commencement of the action shall be the later of the following: (1) Within two (2) years after the date the plaintiff first suffered disability and ei…

If, when the cause of action accrues against the person, he is out of Guam, the action may be commenced, within the term herein limited, after his return to Guam and if, after the cause of action accrues, he departs from Guam, the time of his absence is not a part of the time lim…

If a person entitled to bring an action, mentioned in Article 3 of this Chapter, be, at the time the cause of action accrued, either: (a) A minor; (b) Insane; or (c) A married woman, and her husband be a necessary party with her in commencing such action; the time of such disabil…

If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representative, after the expiration of that time, and within six (6) months from his death. If…

When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action. SOURCE: CCP § 354.

If an action is commenced within the time prescribed therefor, and judgment therein for the plaintiff be reversed on appeal, the plaintiff, or, if he dies and the cause of action survives, his representatives, may commence a new action within one (1) year after the reversal. SOUR…

When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. SOURCE: CCP § 356.

No person can avail himself of a disability unless it existed when his right of action accrued. SOURCE: CCP § 357.

When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed. SOURCE: CCP § 358.

This Chapter does not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three (3) years after the discovery, by the aggrieved party, of th…

No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this Chapter, unless the same is contained in some writing, signed by the party to be charged thereby. COL 2024-12-05 SOURCE: CCP § 360.

When a cause of action has arisen in any state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in Guam, except in favor of one who…