Title 8 — Criminal Procedure

Any defense, objection or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following shall be raised prior to trial: (a) Defenses and objection…

[Repealed] SOURCE: Public Law 13-186. Repealed/reenacted by P.L. 15-94, § 2. Repealed by P.L. 15-147, §§ 11 and 12.] COURT DECISIONS: D.C. GUAM APP. DIV. 1980. Because, by P.L. 12-85 [Court Reorganization Act], the Guam Legislature removed all local jurisdiction from the District…

The court may, at the time of the arraignment or as soon thereafter as practicable, set a time for the making of pretrial motions or requests and, if required, a later date of hearing. NOTE: Section 65.20 supersedes paragraph 3 of former § 997 and former Rule 12(b). It is substan…

(a) At the arraignment or as soon thereafter as is practicable the government may give notice to the defendant of its intention to use specified evidence at trial in order to afford the defendant an opportunity to raise objections to such evidence prior to trial under § 65.15. (b…

(a) The court may order two or more indictments or information or both to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution were unde…

If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide…

A motion made before trial shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue or until after verdict. An issue of fact shall be tried by a jury if a jury trial is required and not waived. Otherwise issu…

Failure by a party to raise defenses or objections or to make requests which must be made prior to trial, at the time set by the court pursuant to § 65.15, or prior to any extension thereof made by the court, shall constitute a waiver thereof, but the court for cause shown may gr…

A verbatim record shall be made of all proceedings at the hearing, including such findings of fact and conclusions of law as are made orally. NOTE: Section 65.50 is new; it is identical to proposed Rule 12(g) of the Federal Rules of Criminal Procedure, and is present practice.

Pending Refiling: Statute of Limitations Not Affected. If the court grants a motion based on a defect in the institution of the prosecution or in the indictment, information or complaint, it may also order that the defendant be held in custody or that prior conditions for his rel…

tions. (a) Except as otherwise provided by §§ 70.20 and 70.30, at any time after the first appearance upon noticed motion by the defendant, the court shall order the prosecuting attorney to disclose to the defendant's attorney or permit the defendant's attorney to inspect and cop…

Showing. (a) Except as otherwise provided by this Section and §§ 70.20 and 70.30, upon noticed motion by the defendant and a showing of materiality to the preparation of his defense and that the request is reasonable, the court in its discretion may order the prosecuting attorney…

Notwithstanding §§ 70.10 and 70.15, the prosecuting attorney shall not be required to disclose: (a) legal research or records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the prosecuting attorney or members of his …

Latter's Motion. Upon noticed motion by the prosecuting attorney, the court may order: (a) the defendant to appear at a reasonable time and place and under such conditions as the court may provide to: (1) appear in a line-up; (2) speak for identification by witnesses to an offens…

(a) Where an order requiring disclosure under this Chapter is issued, the order shall state and the court shall determine the time, place and manner of making the disclosure required. The court may impose such terms and conditions as the court determines are just, provided that a…

(a) Upon request of any person, the court may permit any showing of cause for denial or regulation of disclosures, or portion of such showing to be made in camera. (b) A record shall be made of any proceedings held in camera and where the court enters an order granting relief fol…

If, prior to or during trial, a party or his attorney discovers additional material or information previously requested or ordered, which is subject to disclosure under this Chapter, he shall promptly notify the other party or his attorney or the court of the existence of the add…

If at any time during the course of the proceedings, it is brought to the attention of the court that a party has failed to comply with an order issued pursuant to this Chapter, the court may order such party to comply with the prior order, grant a continuance, or issue such othe…

stances. Whenever due to special circumstances of the case it is in the interest of justice that any person be ordered to appear at a specified time and place to be examined under oath, the court may, upon noticed motion of any party, order such person to appear so that his testi…

(a) Any officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce him at the examination and keep him in the presence of the witness during the examinati…

Whenever a deposition is taken at the instance of the government, or whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of the taking of the deposition, the court may direct that the expenses of travel and subsistence of the defendant …

Defendant. (a) Subject to such additional conditions as the court may provide, a deposition shall be taken and filed in the manner provided in civil actions. However, in no event may a deposition be taken of a party defendant without his consent, and the scope and manner of exami…

At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used a substantive evidence if the witness is unavailable, as defined in § 70.75, or the witness gives testimony at the trial or hearing inconsisten…

(a) Unavailable as a witness includes situations in which the deponent: (1) persists in refusing to testify concerning the subject matter of his deposition despite an order of the judge to do so; (2) testifies to a lack of memory of the subject matter of his deposition; (3) is un…

Objections to deposition testimony or evidence or parts thereof and the grounds for the objection shall be stated at the time of the taking of the deposition. ----------

(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) …

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…

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…

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…

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

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…

(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 …

(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,…

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…

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…

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…

(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 …

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…

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 …

At any time after the filing of the indictment, information or complaint, the court upon motion of any party or upon its own motion may order one or more conferences to consider such matters as will promote a fair and expeditious trial. At the conclusion of a conference the court…

The clerk shall keep a calendar of all criminal actions pending in the court, enumerating them according to the date of filing of the indictment or information in felony cases or the complaint in non-felony cases, specifying opposite the title of each action whether or not it is …

The issues on the calendar shall be disposed of in the following order, unless for good cause the court shall direct an action to be tried out of its order: (a) Prosecutions for felony, when the defendant is in custody. (b) Prosecutions for non-felony offenses, when the defendant…

The defendant is entitled to at least five (5) days after entering his plea to prepare for trial but he may waive any part of such time. NOTE: Section 80.40 is substantively the same as former § 1049. See also Cal. Pen. Code § 1049 (same, but no express provision for waiver). See…

(a) The welfare of the people of the territory of Guam requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time, and it shall be the duty of all courts and judicial COL020909 DISMISSAL; COMPROMISE officers and o…

California Criminal Procedure Trial §§ 302-323 (1963, Supp. 1973). Subsection (a) provides for dismissal by the government with leave of court. The entry of a nolle prosequi is abolished by § 80.80. Subsection (a) authorizes an application for dismissal by the prosecuting attorne…

Victims or Witnesses; Continuance; Impact Statement. In any criminal proceeding involving an alleged sex crime perpetrated upon a minor child, or in which a minor child is expected to testify as a witness to a sex crime, the court shall, in order to minimize stress on such child,…

(a) The prosecuting attorney may with leave of court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant. The prosecuting attorney shall …

If the court directs the action to be dismissed, the defendant shall, if in custody, be discharged therefrom; and the dismissal shall exonerate any depositor or surety who has provided security pursuant to Chapter 40 (commencing with § 40.10) and entitles such person to the retur…

The entry of a nolle prosequi is abolished, and a prosecuting attorney cannot discontinue or abandon a prosecution for any offense, except as provided in § 80.70. NOTE: Section 80.80 is substantively the same as former § 1386. See also Cal. Pen. Code § 1386 (same). Federal law is…

(a) When the defendant has been charged with the commission of an offense which is not a felony for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided by this Section. (b) If the person injured a…