Title 6 — Guam Rules of Evidence

A person is disqualified to be a witness if he is: 1. Incapable of expressing himself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or 2. Incapable of understanding the duty of a witness to tell the truth. S…

There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate. Therefore, a person cannot be examined as a witness as to matters which are privileged. The general classes of privilege are stated in 503 of Division 1 of th…

A witness, served with a subpoena, must attend at the time appointed, with any papers under his control lawfully required by the subpoena and answer pertinent and legal questions, and, unless sooner discharged, must remain until the testimony is closed. SOURCE: CCP § 2064.

A witness must answer questions legal and pertinent to the matter in issue, though his answer may establish a claim against himself, but he need not give an answer which will have a tendency to subject him to punishment for a crime, nor need he give an answer which will have a di…

It is the right of a witness to be protected from irrelevant, improper or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal and pertinent to the issue. SOURCE: CCP…

Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other COL120106 person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil acti…

The arrest of a witness, contrary to the preceding Section, is void, and, when wilfully made, is a contempt of the court, and the person making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him, and is also liable to …

An officer is not liable to a party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claims the exemption, and makes an affidavit stating: 1. That he has been served with a subpoena to…

The court or officer before whom the attendance is required may dis- charge the witness from an arrest made in violation of 3107. If the court has adjourned before the arrest, or before application for the discharge, a judge of the court may grant the discharge. SOURCE: CCP § 207…

Every court, every judge or clerk of any court, every justice and every notary public, and every officer or person authorized to take testimony in an action or proceeding, or to decide upon evidence, has power to administer oaths or affirmations. SOURCE: CCP § 2092.

An oath or affirmation, in an action or proceeding, may be adminis- tered as follows; the person who swears or affirms expressing his assent when addressed in the following form: "You do solemnly swear (or affirm, as the case may be) that the evi- dence you shall give in this iss…

Whenever the court before which a person is offered as a witness is satisfied that he has a particular mode of swearing connected with or in addition to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court may, in its discretion, adopt …

COL120106 When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremony of his religion, if there be any such. SOURCE: CCP § 2096. ---------- COL120106