Title 7, Judiciary and Civil Procedure

No action in which the government of Guam is a plaintiff shall be dismissed without the consent of the Attorney General of Guam. SOURCE: CCP § 584. ---------- ARTICLE 2 ISSUES, MODE OF TRIAL AND POSTPONEMENTS NOTE: Guam CCP § 585, dealing with defaults, has been repealed by impli…

The party obtaining a postponement of a trial in any court of record must, if required by the adverse party, consent that the testimony of any witness of such adverse party who is not in attendance be taken by deposition before a judge or clerk of the court in which the case is p…

The trial must proceed in the following order, unless the judge, for special reasons, otherwise directs: (a) The plaintiff, after stating the issue and his case, must produce the evidence on his part; (b) The defendant may then open his defense, and offer his evidence in support …

Upon the trial of a question of fact by the court, its decision must be given in writing and filed with the clerk within thirty (30) days after the cause is submitted for decision. SOURCE: CCP § 632. COL4122017 CROSS-REFERENCES: For Rules governing method by which delay of decisi…

Findings of fact may be waived by several parties to a issue of fact: (a) By failing to appear at trial; (b) By consent in writing filed with the clerk; (c) By oral consent in open court entered in the minutes. In all cases where the court directs a party to prepare the findings,…

The parties may, in any action or special proceedings, agree in writing upon the facts involved in the litigation and require the judgment of the court upon the questions of law arising from such agreed statement of facts. The ruling and judgment of the court upon such agreed sta…

On a judgment for the plaintiff upon an issue of law he may proceed in the manner prescribed by Rule 55 of the Guam Rules of Civil Procedure, upon the failure of the defendant to answer. If the judgment before the COL4122017 defendant upon an issue of law, and the taking of an ac…

Referees, before commencing the performance of their duty, shall be sworn to a faithful and honest performance thereof, and the fact that they have taken such oath shall be certified to on the commission by the authority administering the oath. The oath shall be administered by t…

A party may object to the appointment of any person as referee, on one or more of the following grounds: (a) Consanguinity or affinity, within the third degree, to either party, or to an officer of a corporation which is a party, or to any judge of the court in which the appointm…

The objections taken to the appointment of any person as referee must be heard and disposed of by the court. Affidavits may be read and witnesses examined as to such objections. SOURCE: CCP § 642. ---------- ARTICLE 5 PROVISIONS RELATING TO TRIALS IN GENERAL

COL4122017 (a) The finding may be vacated and any other decision may be modified or vacated; in whole or in part; and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the …

The party intending to move for a new trial must, either before the entry of judgment or within five days after receiving written notice of the entry of the judgment, file with the clerk and serve upon the adverse party a notice of his intention to move for a new trial, designati…

The motion for a new trial shall be heard and determined by the judge who presided at the trial. Upon expiration of the time to file counter- affidavits, the clerk shall forthwith call the motion to the attention of the judge who presided at the trial, or the judge acting in his …

Damages. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant…

If a party dies after a finding or decision upon any issue of fact, and before judgment, the Court may nevertheless render judgment thereon. Such judgment is not a lien on the real property of the deceased party, but is payable in the course of administration of his estate. COL41…

In the Superior Court the following papers, without being attached together, shall constitute the judgment roll: (1) In case the complaint is not answered by any defendant the summons, with the affidavit or proof of service, the complaint, the request for entry of default with a …

Immediately after filing the judgment roll the clerk must make the proper entries of the judgment under appropriate heads in the docket kept by him. COMMENT: CCP § 671.

COL4122017 The docket mentioned in the last section is a book which the clerk keeps in his office, with each page divided into nine (9) columns, and headed as follows: Date of Entry and Docket; Judgment Debtors; Judgment Creditors; Judgment; Time of Entry; Where Entered in Judgme…

The docket kept by the clerk is open at all times, during office hours, for the inspection of the public, without charge. The clerk must arrange the several dockets kept by him in such a manner as to facilitate their inspection. SOURCE: CCP § 673.

An abstract of the judgment or decree of any court of record of Guam, or of the United States, the enforcement of which has not been stayed on appeal, certified by the clerk of the Court where such judgment or decree was rendered, may be filed with the Director of Land Management…

Satisfaction of a judgment may be entered in the clerk's docket upon an execution returned satisfied, or upon an acknowledgment of satisfaction filed with the clerk, which may recite payment of the judgment in full or the acceptance by the judgment creditor of any lesser sum in f…

When an action is commenced to set aside a transfer or conveyance of property on the grounds that such transfer or conveyance was made to hinder, delay or defraud a creditor or creditors, the transferee or grantee to whom it is alleged the property was transferred or conveyed or …

Such undertaking with two sureties shall be executed by the transferee or grantee to whom it is alleged the property was so transferred or conveyed to whom it is alleged the property was transferred or conveyed to hinder, delay or defraud creditors, or the successor or assign of …

Said undertaking shall be filed in the action in which said execution issued and a copy thereof served upon the plaintiff or his attorney in said action. SOURCE: CCP § 677a.

COL4122017 Within ten days after service of the copy of undertaking the plaintiff may object to such undertaking on the ground of inability of the sureties, or either of them, to pay the sum for which they became bound in said undertaking, and upon the ground that the estimated v…

When the sureties or either of them are objected to, the surety or sureties so objected to shall justify before the Court in which the action is commenced, upon ten days notice of the time when they will so justify being given to the plaintiff, or plaintiff's attorney. Upon the h…

When objection is made to the undertaking upon the ground that the estimated value of the property, as stated in the undertaking, is less than the market value of the property, the transferee or grantee giving the undertaking may accept the estimated value stated by the plaintiff…

If judgment be rendered in said action that the alleged transfer of conveyance was made to hinder, delay or defraud a creditor, then judgment shall be rendered in such action without further proceeding in favor of plaintiff and against the principal and sureties on said undertaki…

NOTE: Guam CCP §§ 664 and 668 were repealed by P.L. 13-156. Old Rule 79 GRCP was repealed by P.L. 13-157. No CCP § 665 exists. CCP § 666, When Counterclaim Established exceeds Plaintiff's demand, has been superseded by GRCP Rule 54.