Title 7 — Judiciary and Civil Procedure

COL121007 No person can be arrested in a civil action, except as prescribed in this Title. SOURCE: CCP § 478.

The defendant may be arrested, as hereinafter prescribed, in the following cases: 1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from Guam with intent to defraud his credit…

An order for the arrest of the defendant must be obtained from a judge of the court having jurisdiction. SOURCE: CCP § 480.

The order may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in § 20102. The affidavit must be positive and not merely upon information and be…

COL121007 Before making the order, the judge must require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the judge, which must be at least five hundred dollars ($500.00), to the effect that the plaintiff will pay all costs which may …

The order may be made at the time of the issuing of the summons, or at any time afterwards before judgment. It must require the Director of Public Safety forthwith to arrest him and hold him to bail in a specified sum, and to return the order at a time therein mentioned, to the c…

The order of arrest, with a copy of the affidavit upon which it is made, must be delivered to the Chief of Police, who, upon arresting the defendant, must deliver to him a copy of the affidavit, and also, if desired, a copy of the order of arrest. SOURCE: CCP § 484.

The Chief of Police must execute the order by arresting the defendant and keeping him in custody until discharged by law. SOURCE: CCP § 485.

The defendant, at any time before execution, must be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the order of arrest. SOURCE: CCP § 486.

The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant will at all times render himself amenable to the process of the cou…

At any time before judgment, or within ten (10) days thereafter, the bail may surrender the defendant in their exoneration; or he may surrender himself to the Chief of Police. SOURCE: CCP § 488.

For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may themselves arrest or, by a written authority endorsed on a certified copy of the undertaking, may empower the Chief of Police to do so. Upon the arrest of defendant …

If the bail neglect or refuse to pay the judgment within ten (10) days after they are finally charged, an action may be commenced against such bail for the amount of the original judgment. SOURCE: CCP § 490.

The bail are exonerated by the death of the defendant or his imprisonment in a territorial prison or by his legal discharge from the obligation to render himself amenable to the process. SOURCE: CCP § 491.

Within the time limited for that purpose, Chief of Police must file the order of arrest in the office of the clerk of the court in which the action is pending, with his return endorsed thereon, together with the undertaking of the bail. SOURCE: CCP § 492. NOTE: CCP § 493 was omit…

COL121007 The qualifications of bail are as follows: 1. Each of them must be a resident and householder or freeholder within the Territory of Guam. 2. Each must be worth the amount specified in the order of the arrest or the amount to which the order is reduced, as provided in th…

For the purpose of justification, each of the bail must attend before the judge, at the time and place mentioned in the notice, and may be examined on oath touching his sufficiency, in such manner as the judge, in his discretion, may think proper. SOURCE: CCP § 495.

If the judge finds the bail sufficient, he must endorse his allowance thereon, and cause it to be filed. SOURCE: CCP § 496.

The defendant may, at the time of his arrest, instead of giving bail, deposit with the Chief of Police the amount mentioned in the order. In case the amount of the bail be reduced, as provided in this Article, the defendant may deposit such amount instead of giving bail. In eithe…

The Chief of Police must immediately after the deposit pay the same into court and take from the clerk receiving the same two certificates of such payment, one of which he shall de-liver to the plaintiff's attorney, and the other to the defendant. SOURCE: CCP § 498. COL121007

If money is de-posited, as provided in the last two sections, bail may be given at any time before judgment; and on the filing of the undertaking with the clerk, the money deposited must be refunded to the defendant. SOURCE: CCP § 499.

Where money has been deposited, if it remains on deposit at the time of the recovery of a judgment in favor of the plaintiff, the clerk must, under the direction of the court, apply the same in satisfaction thereof; and after satisfying the judgment, refund the surplus, if any, t…

A defendant arrested may, at any time before the trial of the action, or if there be no trial, before the entry of judgment, apply to the judge who made the order, or the court in which the action is pending, upon reasonable notice, to vacate the order of arrest or to reduce the …

If, upon such application, it appears that there was not sufficient cause for the arrest, the order must he vacated; or if it appears that the bail was fixed too high, the amount must be reduced. SOURCE: CCP § 504.

If the judgment is in favor of the defendant and it appears that the arrest was wrongful or without sufficient cause, the plaintiff, upon order of the court, and in addition to the payment of all costs which may be adjudged to the defendant shall indemnify the defendant for all d…

The plaintiff in an action to recover the possession of personal property may at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him as provided in this Article. SOURCE: CCP § 509.

Where a delivery is claimed, an affidavit must be made by the plaintiff, or by someone is his behalf, showing: 1. That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof; 2. That the property is wrongfully det…

The plaintiff or his attorney may obtain from the judge of the court having jurisdiction, by an endorsement in writing upon the affidavit, an order requiring the marshal to take the property from the defendant, provided an undertaking is executed as is provided in the following s…

Serving the Order. Upon a receipt of the affidavit and notice, with a written undertaking, executed by two or more sufficient sureties, approved by the court, to the effect that they are bound to the defendant in double the value of the property as stated in the affidavit for the…

The defendant may, within two (2) days after the service of a copy of the affidavit, notice and undertaking, give notice to the officer making the service that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them.…

At any time before the delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require COL121007 the return thereof, upon giving to the marshal a written undertaking, executed by two or more sufficient sureties, to the…

The defendant's sureties, upon notice to the plaintiff of not less than two (2) nor more than five (5) days, must justify before a judge, or the clerk, of the court in which the action is pending in the same manner as upon bail on arrest; and upon such justification the officer t…

The qualification of sureties must be as follows: 1. Each of them must be a resident and householder, or freeholder within the Territory of Guam. 2. Each must be worth the amount specified in the affidavit as the value of the property in question, over and above all his debts and…

Enclosure. If the property, or any part thereof, be concealed in a building or enclosure, the marshal must publicly demand its delivery. If it be not delivered, he must cause the building or enclosure to be broken open, and take the property into his possession. COL121007 SOURCE:…

When the marshal has taken property, as in this Article provided, he must keep it in a secure place, and deliver it to the party entitled thereto, upon payment of the expenses for keeping the same. SOURCE: CCP § 518; amended by P.L. 4-89.

If the property taken be claimed by any other person than the defendant or his agent, and such person make affidavit of his title thereto, or right to the possession thereof, stating the grounds of such title or right, and serve the same upon the marshal, the latter is not bound …

The marshal must file the notice, undertaking, and affidavit, with his proceedings thereon, with the clerk of the court within five (5) days after taking the property mentioned therein. SOURCE: CCP § 520; amended by P.L. 4-89.

After the property has been delivered to the plaintiff as in this Chapter provided, the court shall, by appropriate order, protect the plaintiff in the possession of said property until the final determination of the action. SOURCE: CCP § 521. ---------- COL121007 ARTICLE 3 INJUN…

An injunction is a writ or order requiring a person to refrain from a particular act it may be granted by the court in which the action is brought or by a judge thereof, and when granted by the judge it may be enforced as an order of the court. SOURCE: CCP § 525.

An injunction may be granted in the following cases: 1. When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limit…

An injunction cannot be allowed after the defendant has answered, unless upon notice, or upon an order to show cause; but in such case the defendant may be restrained until the decision of the court or judge granting or refusing the injunction. SOURCE: CCP § 528. NOTE: CP § 529, …

An injunction to suspend the general and ordinary business of a corporation cannot be granted without due notice of the application therefor to the proper officers or managing agent of the corporation, except when the government of Guam is a party to the proceeding. SOURCE: CCP §…

If upon such application it satisfactorily appears that there is not suffi- cient ground for the injunction, it must be dissolved; or if it satisfactorily appears that the extent of the injunction is too great, it must be modified. ---------- COL121007 ARTICLE 4 ATTACHMENT

The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached, as security, for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment, as in this Article prov…

The clerk of the court must issue the writ of attachment upon receiving an affidavit by or on behalf of plaintiff showing: 1. The facts specified in § 20401 which entitle him to the writ; 2. The amount of the indebtedness claimed, over and above all legal set-offs or counterclaim…

Before issuing the writ, the clerk of the court must require a written undertaking on the part of the plaintiff, in the sum not less than two hundred dollars ($200.00) and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defen…

One Defendant; Several Writs May be Issued at Same Time. The writ must be directed to the marshal of the court, and must require him to attach and safely keep all the property of such defendant, within his district, not exempt from execution, or so much thereof as may be sufficie…

Disposed of. The rights or shares which the defendant may have in the stock of any corporation or company, together with the interest and profit thereon, and all debts due such defendant, and all other property in the Territory of Guam of such defendant not exempt from execution,…

Personal Property; Corporate Stock: Expense of Taking and Keeping; Debts and Credits. The marshal to whom the writ is directed and delivered must, upon receipt of instructions in writing, signed by the judgment creditor, or his COL121007 attorney of record, and containing a descr…

The lien of the attachment on real property attaches and becomes effective upon the recording of a copy of the writ, together with a descrip- tion of the property attached, and a notice that it is attached with the Director of Land Management; provided, however, that in the event…