Title 7 — Judiciary and Civil Procedure

may be Summoned After Judgment. When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in § 14107 of this Title, those who were not originally served with the summons, and did not appear in the action, m…

The summons, as provided in the last section, must describe the judgment, and require the person summoned to show cause why he should not be bound by it, and must be served in the same manner, and returnable within the same time, as the original summons. It is not necessary to fi…

The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon. SOURCE: CCP § 991.

Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existi…

If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he denies his liability on the obligation upon which the ju…

The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a finding be found against him, it must be for not exceeding the amount remaining unsatisfied on such original …

The defendant may, at time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified. If the plaintiff accepts the offer, and gives notice thereof within five (5) days, he …

Whenever an order for the payment of a sum of money is made by a court, pursuant to the provisions of this Title, it may be enforced by an execution in the same manner as if it were a judgment. SOURCE: CCP § 1007. COL3242015 ---------- ARTICLE 5 NOTICES, FILING & SERVICE NOTE: CC…

A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him. After appearance, a defendant or his attorney is entitled to notice of all subsequent proceedings of which no…

Any summons, writ, or order in any civil suit or proceeding, and all other papers requiring service, may be transmitted by telephone or telegraph for service in any place, and the telephone or telegraphic copy of such writ, COL3242015 or order, or paper so transmitted, may be rec…

When in an action for divorce, adultery is charged against either party, and the person with whom such adultery is alleged to have been committed by such party is named in any of the pleadings, a copy of such pleadings must be personally served on such named person; or in case su…

(a) In any action for damages for personal injury or death, whether based on tort or contract law, or otherwise, no attorney representing any party to such action shall contract for, or charge or collect on a contingent fee basis any fee for his services for such party in excess …

Except as otherwise expressly provided in this Title costs are allowed of course to the plaintiff upon a judgment in his favor in the following cases: (a) In an action for the recovery of real property; (b) In an action to recover the possession of personal property; (c) In an ac…

employees in cases against the government of Guam. Costs and reasonable attorney’s fees shall be allowed of course to a government of Guam employee upon a judgment in the employee's favor in cases against the government of Guam in which the employee seeks to enforce plaintiff's e…

In any action or proceeding to enforce a provision of the Every Child is Entitled to an Adequate Public Education Act, the court, in its discretion, may allow the prevailing party reasonable attorney’s fee as part of the costs. SOURCE: Added by P.L. 28-045:18, effective, October …

Attorney’s fees may be awarded in all domestic cases against any person who is found by the Superior Court of Guam to have willfully withheld and failed to pay child support or who is found to have wrongfully refused visitation to a noncustodial parent. SOURCE: CCP § 1022.2 added…

When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties who might have been joined as defendants in the same action, no costs can be al…

Costs must be allowed of course to the defendant upon a judgment in his favor in the actions mentioned in § 26602 and in special proceedings. SOURCE: CCP § 1024.

In other actions than those mentioned in § 26602, costs maybe allowed or not, and, if allowed, may be apportioned between the parties, on the same or adverse sides, in the discretion of the court; but no costs can be allowed the plaintiff when the judgment is one which could have…

When there are several defendants in the actions mentioned in § 26602, not united in interest, and making separate defenses by separate answers, and plaintiff fails to recover judgment against all, the court must award costs to such of the defendants as have judgment in their fav…

The prevailing party on appeal shall be entitled to his costs excepting when judgment modified, and in that event the matter of costs is within the discretion of the appellate court. SOURCE: CCP § 1027.

The fees of referees are Two Dollars ($2.00) to each for every day spent in the business of the reference; but the parties may agree in writing, upon any other rate of compensation, and thereupon such rates shall be allowed. SOURCE: CCP § 1028.

When an application is made to a court or referee to postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the court or referee, as a condition of granting the same. SOURCE: CCP § 1029. COL3242015

When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for plaintiff, the amount so tendered, and the…

In an action prosecuted or defended by an executor, administrator, trustee of express trust, or a person expressly authorized by law; costs may be recovered as in action by and against a person prosecuting or defending in his own right; but such costs must, by the judgment, be ma…

When the decision of a court of inferior jurisdiction in a special proceeding is brought before a court of higher jurisdiction for a review, in any other way than by appeal, the same costs must be allowed as in cases on appeal, and may be collected by execution, or in such manner…

The party in whose favor the judgment is ordered, and who claims his costs, must serve upon the adverse party, and file at any time after the decision of the court, and not later than five days after notice of the entry of the judgment, a memorandum of the items of his costs and …

Costs. When the plaintiff in an action or special proceeding resides out of the Territory of Guam, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant. When required, all proceedings in the a…

After the lapse of thirty (30) days from the service of notice that security is required, or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the court or judge may order the action or special proceeding to be dis…

Any corporation authorized to conduct the business of a trust company in Guam may be appointed and act as an executor, administrator, guardian of an estate, assignee, receiver, depositary, or trustees in like manner as an individual. When so appointed the trust company shall not …

If an original pleading or paper is lost, the court may authorize a copy thereof to be filed and used instead of the original. SOURCE: CCP § 1045.

An affidavit, notice, or other paper without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refers to such action or proceeding. SOURCE: CCP § 1046.

In all cases brought under the provisions of any law providing for the establishment and quieting of title to real property in cases where the public records in the Department of Land Management have been, or shall hereafter be, lost or destroyed, in whole or in any material part…

Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new cause of action arises therefrom. SOURCE: CCP § 1047.

An action may be severed and actions may be consolidated, in the discretion of the court, whenever it can be done without prejudice to a substantial right. SOURCE: CCP § 1048.

An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. SOURCE: CCP § 1049. NOTE: See Corn v. Guam Coral, 318 F.2d 622 (1963).

An action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a…

On the trial of an action in a court of record, if there be no shorthand reporter or the court in attendance, either party may require the clerk to take down the testimony in writing. SOURCE: CCP § 1051.

COL3242015 The clerk must keep among the records of the court a register of actions. He must enter therein the title of the action, with brief notes under it, from time to time, of all papers filed and proceedings had therein. SOURCE: CCP § 1052. CROSS-REFERENCES: See GRCP Rule 7…

When there are three referees, or three arbitrators, all must meet, but two of them may do any act which might be done by all.

When an act to be done, as provided in this Title, relates to the pleadings in the action, or the undertaking to be filed, or the justification of sureties, or the preparation of bills of exceptions, or amendments thereto, or to service of notices other than of appeal, the time a…

If an action is brought against any officer or person for an act, for the doing of which he had theretofore received any valid bond or covenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed such bond or covenant, and permits them to c…

In all cases where an undertaking or bond, with any number of sureties, is authorized or required by any provision of this Title, or of any law of Guam, any corporation incorporated under the laws of Guam or any state of COL3242015 the United States for the purpose of making, gua…

In any civil action or proceeding wherein the government of Guam is a party plaintiff or defendant, or any officer, in his official capacity or on behalf of the government of Guam, is a party plaintiff or defendant, no bond, written undertaking, or security can be required of the…

Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, he is substituted to the rights of the judgment creditor, and is entitled to contro…

COL3242015 Any person interested under a deed, will, or other written instrument, or under a contract, or who desires a declaration of his rights or duties with respect to another, or in respect to, in, over, or upon property, or with respect to the location of the natural channe…

The remedies provided in this Article are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party to such action, and no judgment under this Article shall preclude any party from obtaining additional…