Title 6 — Guam Rules of Evidence
10 chapters · 147 sections in this title.
6 GCA § 2501 One Witness Sufficient
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The direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact, except in those instances specifically provided for in Title 8, Chapter 95 of this Code (Criminal Procedure). SOURCE: CCP §§ 1844, as modified. COMMENT: Chapter 95 of Title 8 (C…
6 GCA § 2502 Testimony to be in Presence of Persons Affected
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COL120106 A witness can be heard only in the presence and subject to the exam- ination of all the parties, if they choose to attend and examine. SOURCE: CCP § 1846. CROSS-REFERENCES: See § 804.1 of this Chapter relative to child witnesses and their protection.
6 GCA § 2503 Witness Presumed to Speak the Truth
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A witness is presumed to speak the truth. This presumption, however, may be contradicted by the manner in which he testifies, by the character of his testimony, or by the evidence affecting his character for truth, honesty or integrity, or his motives, or by contradictory evidenc…
6 GCA § 2504 Rights of One Not Affected by Another
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The rights of a party cannot be prejudiced by the declaration, act or omission of another, except by virtue of a particular relation between them; therefore, proceedings against one cannot affect the another. SOURCE: CCP § 1848. CROSS-REFERENCE: Jury Instructions for Interpretati…
6 GCA § 2505 Declarations of Predecessor in Title Evidence
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Where, however, one derives title to real property from another, the declaration, act or omission of the latter, while holding the title, in relation to the property, is evidence against the former. SOURCE: CCP § 1849.
6 GCA § 2506 Declarations Which Are a Part of the Transaction
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Where, also, the declaration, act or omission forms a part of a transaction, which is itself the fact in dispute or evidence of that fact, such declaration, act or omission is evidence, as part of the transaction. SOURCE: CCP § 1850. COL120106 CROSS-REFERENCE: See Div. 1 §§ 803-8…
6 GCA § 2507 Evidence Relating to Third Persons
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And where the question in dispute between the parties is the obligation or duty of a third person, whatever would be the evidence for or against such person is prima facie evidence between the parties. SOURCE: CCP § 1851.
6 GCA § 2508 Declaration of Decedent Evidence in Pedigree
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The declaration, act or omission of a member of a family who is a decedent or out of the jurisdiction, is also admissible as evidence of common reputation, in cases where, on questions of pedigree, such reputation is admissible. SOURCE: CCP § 1852. CROSS-REFERENCE: See Div. 1 § 8…
6 GCA § 2509 Declaration of Decedent Evidence Against His Successor in
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Interest. The declaration, act or omission of a decedent, having sufficient knowledge of the subject, against his pecuniary interest, is also admissible as evidence to that extent against his successor in interest. SOURCE: CCP § 1853.
6 GCA § 2510 Proof of Contents of Lost Public Records
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When, in any action, it is desired to prove the contents of any public record or document lost or destroyed by conflagration or other public calamity and, after such proof of such loss or destruction, there is offered in proof of such contents: (a) Any abstract of title made and …
6 GCA § 2511 An Agreement Reduced to Writing Deemed the Whole
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When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other t…
6 GCA § 2512 Construction of Language Relates to Place Where Used
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The language of a writing is to be interpreted according to the meaning it bears in the place of its execution, unless the parties have reference to a different place. SOURCE: CCP § 1857.
6 GCA § 2513 Construction of Laws and Instruments; General Rule
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In the construction of a law or instrument, the office of the judge or jury, as the case may be, is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted, and where there are seve…
6 GCA § 2514 The Intention of the Parties
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In the construction of an instrument, the intention of the parties is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it. S…
6 GCA § 2515 The Circumstances to be Considered
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For the proper construction of an instrument, the circumstances under which it is made, including the situation of the subject of the instrument and of the parties to it, may also be shown so that the judge or jury be placed in the position of those whose language he is or they a…
6 GCA § 2516 Terms to be Considered in Their General Acceptation
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The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible that they have a local, technical or otherwise particular significance, and where so used and understood in the particular instance, in which ca…
6 GCA § 2517 Written Words Control Printed Words in Blank Forms
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When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter. SOURCE: CCP § 1862. CROSS-REFERENCE. 13 GCA § 1205 (UCC), Course of Dealing and Usage of Trade. See also 13 GCA § 3118 (UCC) relative to…
6 GCA § 2518 Persons Skilled May Testify to Decipher Characters
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When the characters in which an instrument is written are difficult to decipher, or the language of the instrument is not understood by the court, the evidence of persons skilled in deciphering the characters or who understand the language, is admissible to declare the characters…
6 GCA § 2519 Of Two Constructions, Which Preferred
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When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood, and when different constructions of a provision are otherwise equally proper, that is to…
6 GCA § 2520 Written Instrument Construed as Understood by the Parties
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A written instrument, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, must be h…
6 GCA § 2521 Construction of Natural Right Preferred
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COL120106 When a law or instrument is equally susceptible of two interpretations, one in favor of a natural right, and the other against it, the former is to be adopted. SOURCE: CCP § 1866.
6 GCA § 2522 Material Allegation Only to be Proved
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None but a material allegation need be proved. SOURCE: CCP § 1867.
6 GCA § 2523 Affirmative Only to be Proved
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Evidence need not be given in support of a negative allegation, except when such negative allegation is an essential of the statement of the right or title on which the cause of action or defense is founded, nor even in such case when the allegation is a denial of the existence o…
6 GCA § 2524 Material Objects
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Whenever an object, cognizable by the senses, has such a relation to the facts in dispute as to afford reasonable grounds for belief respecting them, or to make an item in the sum of evidence, such object may be exhibited to the judge or jury or its existence, situation or charac…