36 chapters · 431 sections in this title.
8 GCA § 75.10 Subpoena for Witness; Forms; Issuance
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(a) A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title, if any, of the proceedings, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. (b) …
8 GCA § 75.15 Subpoena for Indigent Defendant
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The court shall order at any time that a subpoena be issued for service on a named witness upon the ex parte application of a defendant and a satisfactory showing that the defendant is financially unable to pay the fees of the witness and that the presence of the witness is neces…
8 GCA § 75.20 Subpoena to Produce Evidence
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A subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct th…
8 GCA § 75.25 Subpoenas; Who May Serve
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A subpoena may be served by the marshal, by his deputy, by any peace officer of the Territory, or by any other person who is not a party and who is not less than eighteen (18) years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and b…
8 GCA § 75.30 Service Limits
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A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the territory of Guam. NOTE: Section 75.30 is identical to former Rule 17(e). COL120106
8 GCA § 75.35 Failure to Obey Subpoena
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Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena was issued. NOTE: Section 75.35 is identical to former Rule 17(g). See also § 1331; Fed. R. Crim. P. 17(g). See generally 8 Moore, Federa…
8 GCA § 75.40 Material Witnesses
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(a) If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it may become impracticable to secure his presence by subpoena, the court may order him to be taken into custody and thereafter released in the manner and …
8 GCA § 75.45 Grand Jury Subpoenas
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(a) A subpoena requiring the attendance of a witness before the grand jury may be signed and issued by the Attorney General, or, upon request of the grand jury, by any judge of the Superior Court, in support of the prosecution, for those witnesses whose testimony, in his opinion,…
8 GCA § 75.50 Who are Competent Witnesses
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Except as otherwise provided in this Title, the rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings. NOTE: Section 75.50 is substantively the same as former § 1321. See also Cal. Pen. Code § 1321. COURT DECISI…
8 GCA § 75.55 Husband and Wife as Competent Witnesses; When
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Neither husband nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties; except with the consent of both, or in case of criminal actions or proceedings for a crime committed by one against the person or property…
8 GCA § 75.60 Defendant as Witness
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A defendant in a criminal action or proceeding cannot be compelled to be a witness against himself but if he offers himself as a witness he may be cross- examined by the prosecuting attorney and the attorney for any codefendant as to all matters about which he was examined in chi…
8 GCA § 75.70 Discharge of Defendant to be a Witness
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(a) When two (2) or more defendants are included in the same indictment, information or complaint, the court may, at any time before the defendants have gone into their defense, on the application of the prosecuting attorney, direct any defendant to be discharged, that he may be …
8 GCA § 75.80 Sex Offense Case, Attendance of Supporting Persons at
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Testimony of Prosecuting Witness 17 Years of Age or Under. (a) Notwithstanding any other provision of law, a prosecuting witness 17 years of age or under a case involving violation of any sexual offense defined in Chapter 25 of Title 9, Guam Code Annotated, or a violation of § 31…
8 GCA § 75.85 Child Witness Comfort, and Protection
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Notwithstanding any other provision of law, at any criminal proceeding in which a minor under the age of 18 is a prosecuting witness, the court shall take special precautions to provide for the comfort and support of the minor and to protect the minor from coercion, intimidation …