Title 6 — Guam Rules of Evidence
10 chapters · 147 sections in this title.
6 GCA § 8101 Effect of Evidence; What Judges are to Consider
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The judges or referees or juries are the judges of the effect or value of evidence addressed to them, except when it is declared by law to be conclusive. In so weighing the evidence, they shall consider: 1. That their power in judging the effect of evidence is not arbitrary, but …
6 GCA § 8201 An Offer Equivalent to Payment
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An offer in writing to pay a particular sum of money, or deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property. SOURCE: CCP § 2074.
6 GCA § 8202 Whoever Pays Entitled To Receipt
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Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery. SOURCE: CCP § 2075.
6 GCA § 8203 Objections To Tender Must Be Specified
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The person to whom a tender is made must, at the time, specify any objection he may have to the money, instrument or property, or he must be deemed to have waived it, and if the objection be to the amount of money, the terms of the instrument, or the amount or kind of property, h…
6 GCA § 8204 Rules For Construing Land Descriptions
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The following are the rules for construing the descriptive part of a conveyance of real property, when the construction is doubtful and there are no other sufficient circumstances to determine it: 1. Where there are certain definite and ascertained particulars in the description,…
6 GCA § 8205 Compromise Offer of No Avail
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An offer of compromise is not an admission that anything is due. SOURCE: CCP § 2078.
6 GCA § 8206 In Divorce Admission Not Sufficient
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In an action for divorce, on the ground of adultery, a confession of adultery, whether in or out of the pleading is not of itself sufficient to justify a judgment of divorce. SOURCE: CCP § 2079. CROSS-REFERENCES: See 19 GCA regarding Marriage and Divorce.
6 GCA § 8207 Certain Evidence of Criminal Sexual Conduct
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(a) Notwithstanding any other provision of law, reputation or opinion evidence of a person's past sexual behavior is not admissible in any trial if an issue in such trial is whether such person was a victim of criminal sexual conduct. (b) Notwithstanding any other provision of la…
6 GCA § 8301 Evidence May Be Perpetuated
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The testimony of a witness may be taken and perpetuated as provided in this Article. SOURCE: CCP § 2083.
6 GCA § 8302 Manner of Application for Order
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The applicant must produce to a judge of the Superior Court a petition, verified by the oath of the applicant, stating: 1. That the applicant expects to be a party to an action in a court of Guam and, in such case, the names of the persons whom he expects will be adverse parties;…
6 GCA § 8303 Taking Depositions
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The judge or the person appointed by the judge to take the deposition is authorized, on receiving a copy of the order of the judge, and of the notice COL120106 prescribed in 8302, with proof of its personal service, to take the depositions of the witness named in the order, or if…
6 GCA § 8304 Manner of Taking
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The manner of taking depositions under this Article shall be same as prescribed in the Guam Rules of Civil Procedure for taking of a witness' testimony by deposition in a civil action. SOURCE: New Section. Contrast CCP § 2086. COMMENT: This new Section conforms to the Rules of Ci…
6 GCA § 8305 Papers Prima Facie Evidence
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The petition and order, and papers filed by the judge, or a certified copy thereof, are prima facie evidence of the facts stated therein to show compliance with the provisions of this Article. SOURCE: CCP § 2087.
6 GCA § 8306 When Deposition Used
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If a trial be had between the parties named in the petition as parties expectant, or their successors in interest, or between any parties wherein in may be material to establish the facts which such depositions prove, or tend to prove, the depositions may be used at such trial in…