Title 6 — Guam Rules of Evidence

Whenever in any action or proceeding, civil or criminal, brought by or in the name of the government of Guam, or by any public board or officer on behalf thereof, to enforce any law which denies any right, privilege or license to any person not a citizen of the United States, or …

A subpoena is issued as follows: 1. To require attendance before a court, or at the trial of an issue therein, as provided in Rule 45 of the Guam Rules of Civil Procedure. The Guam Rules of Civil Procedure are those Rules of Civil Procedure for the Superior Court of Guam adopted …

If a witness is concealed in a building or vessel, so as to prevent the service of a subpoena upon him, any court or judge, or any officer issuing the subpoena may, upon proof by affidavit of the concealment, and of the materiality of the witness, make an order that the Director …

A person present in court, or before a judicial officer, or before any body or person authorized to issue subpoenas, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by such court of officer. COMMENT: This Section has been expanded …

When the subpoena in any case requires the attendance of the witness before an officer or referee out of court, it is the duty of such officer or referee to report any such disobedience or refusal to the court, and the COL120106 witness must not be punished for any refusal to ans…

Where a witness disobeys a subpoena, and disobedience thereof is not covered in the Guam Rules of Civil Procedure, he forfeits, in addition to any other penalty for contempt of court, to the party aggrieved the sum of Fifty Dollars ($50) and all damages which he may have caused b…

In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service thereof, and of the failure of the witness, may issue a warrant to any peace officer of Guam to arrest the witness and bring him before the court of officer where his a…

Every warrant of commitment, issued by a court or officer pursuant to this Chapter, must specify therein particularly the cause of the commitment, and if it be for refusing to answer a question, such question must be stated in the warrant. And every warrant to arrest or commit a …

If the witness be a prisoner, confined within Guam, an order for his examination in confinement upon deposition, or for his temporary removal and production before a court or officer, for the purpose of being orally examined may be made by the court in which the action or special…

An order pursuant to 7208 can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness and its materiality. SOURCE: CCP § 1996 modified to show its connection to 7208. ---------- ARTICLE 3 MANNER…

The testimony of a witness may be taken by affidavit, by deposition, or by oral examination. SOURCE: CCP § 2002 modified grammatically only.

An Affidavit is a written declaration under oath, made without notice on an adverse party. SOURCE: CCP § 2003.

COL120106 A Deposition is that type of testimony described in Rules 26-37 of the Guam Rules of Civil Procedure. SOURCE: New Section. Compare CCP § 2004. COMMENT: The scope of depositions is fully covered by the Guam Rules of Civil Procedure. Likewise, the means by which all disco…

An oral examination is an examination in the presence of the judge or tribunal which is to decide the fact or act upon it, the testimony being heard by the judge, jury or tribunal from the lips of the witness. SOURCE: CCP § 2005 modified to include juries. ---------- ARTICLE 4 AF…

An affidavit may be used as specified in this Code, in any other law of Guam, or in the Guam Rules of Civil Procedure for the purpose specified therein. SOURCE: Compare CCP § 2009. CROSS-REFERENCE: GRCP Rule 11.

An affidavit to be used before any court, judge or officer of Guam may be taken before any officer or person authorized to administer oaths. SOURCE: CCP § 2012.

An affidavit taken in any state, territory, possession, commonwealth or trust territory of the United States, or in the District of Columbia, to be used COL120106 in Guam, may be taken before any notary public in said place, or before any judge or clerk or a court of record havin…

An affidavit taken in a foreign country to be used in Guam may be taken before an ambassador, minister, consul, vice consul or consular agent of the United States, or before any judge or a court of record having a seal in such foreign country. SOURCE: CCP § 2014.

When an affidavit is taken before a judge or a court in any state, territory, possession, commonwealth or trust territory of the United States, or in a foreign country, or in the District of Columbia, the genuineness of the signature of the judge, the existence of the court, and …

The deposition of a witness out of Guam may be taken pursuant to the Guam Rules of Civil Procedure and, in addition, the party taking the deposition may utilize such procedures as may be required by the place where the deposition is taken, if such procedures are material to the c…

A trial or other proceeding must not be postponed by reason of depositions or interrogatories not returned, except upon evidence, satis- factory to the court, that the testimony of the witness is necessary and that proper diligence has been used to obtain it. SOURCE: CCP § 2027 m…

In all cases where service of summons has been had by publication as provided by law and after default has been duly entered, and it appears by affidavit that the residence of a party to the action is unknown and the witness resides out of Guam, then in such cases the notice requ…

Any party to an action or special proceeding in a court or before a judge of a state, territory, possession, or trust territory of the United States, or of the District of Columbia, may obtain the testimony of a witness residing in Guam, to be used in such action or proceeding in…

If a commission to take such testimony has been issued by the court before which an action or proceeding is pending, or by a judge thereof, on exhibiting the commission to a judge of the Superior Court, with an affidavit showing the materiality of the testimony, such judge may is…

Whenever any mandate, writ, or commission is issued out of any court of record in any other territory, state, district, or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness or witnesses in Guam, witnesses may be compelle…

If a commission has not been issued, and it appears to the judge, by affidavit satisfactory to him: 1. That the testimony of the witness is material to either party, and that the witness resides in Guam; 2. That a commission to take the testimony of such witness has not been issu…

Upon the appearance of the witness, the judge must cause his testi- mony to be taken in writing, and must certify and transmit the same via the Governor of Guam, or directly if the law of the place wherein the action or proceeding is pending permits, to the court or judge before …

Deeds or other instruments affecting land situated in the District of Columbia or any state or territory or trust territory of the United States, may be acknowledged in Guam before any notary public or judge appointed therein by proper authority or by any officer therein who has …

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 …

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.

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.

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…

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,…

An offer of compromise is not an admission that anything is due. SOURCE: CCP § 2078.

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.

(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…

The testimony of a witness may be taken and perpetuated as provided in this Article. SOURCE: CCP § 2083.

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;…

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…

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…

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.

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…

(a) Public Policy. In order to protect the public interest and the free flow of information, the news media should have the benefit of a substantial privilege not to reveal sources of information or to disclose unpublished or untransmitted information. To this end, the freedom of…

(a) Definitions. As used in this Section, crime victim advocate means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other support assistance to crime victims. (b) Victim-Advocate Privilege. (1) A crime victim has a privil…

amend the Rules of Evidence by Promulgation Order.

its Promulgation Order Number 06-00 1 apply to all actions, cases and proceedings brought after said Promulgation Order takes effect and to all actions, cases and proceedings commenced prior to the effective date hereof and still pending, except to the extent that application of …

Title shall control regarding any conflict with other law and such other law shall therefore be of no further force or effect. COL1242015 APPENDIX A 2006 GUAM RULES OF EVIDENCE PREPARED BY THE OFFICE OF THE COMPILER OF LAWS HAGÅTÑA, GUAM © 2006 COL1242015 COL1242015 2006 GUAM RUL…