Title 7, Judiciary and Civil Procedure

(a) An action for assault, battery, false imprisonment, seduction of a person below the age of legal consent, or for injury to, or for the death of, a person caused by the wrongful act or neglect of another, except as provided for in § 11308. (b) [Repealed.] COL 2024-12-05 (c) [R…

[Repealed.] SOURCE: Added as § 11306.50 by P.L. 31-007:3 (Mar. 9, 2011). Renumbered by Compiler to maintain the general codification scheme of the GCA. Repealed by P.L. 33-187:4 (Sept. 23, 2016).

(a) An action upon a law for a penalty or forfeiture, when the action is given to an individual, or to an individual and the government, except when the law imposing it prescribes a different limitation; (b) An action upon a law, or upon an undertaking in a criminal action, for a…

An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced with one (1) year from the date when the injury is first discovered; provided, that such action shall be commenced within three…

(a) Except as otherwise provided in this Section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property …

(a) Except as otherwise provided in this Section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property …

(a) An action against an officer, or officer de facto: (1) to recover any goods, wares, merchandise or other property seized by such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so …

Any person whose land was expropriated for public purposes by the government of Guam between August 1, 1950, and July 1, 1994, and who has not been compensated by the government of Guam for such taking may institute an action for inverse condemnation. In any taking by the governm…

An action for relief not otherwise provided for must be commenced within four (4) years after the cause of action shall have accrued. SOURCE: CCP § 343. CROSS-REFERENCES: For limitations on actions involving damages against the Government of Guam, see the Government Claims Act in…

In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side. SOURCE: CCP § 34…

The limitations prescribed in this Article apply to actions brought in the name of the government or for the benefit of the government, in the same manner as to actions by private parties, except that actions for the recovery of money due on account of the support of patients in …

An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an advers…

If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under the provision of this Article, any one of them who is entitled to maintain such an action may redeem therein a divided or u…

(a) To actions brought to recover money or other property deposited with any bank, banker, trust company, building and loan association, or savings and loan society there is no limitation. (b) This Section shall not apply to banks, bankers, trust companies, building and loan asso…

with Disability. Notwithstanding any other provision of law, any civil claim or claims arising from an incident of financial or property exploitation of an elderly person or individual with a disability as defined under COL 2024-12-05 Chapter 32 of Title 9, Guam Code Annotated, m…

An action is commenced within the meaning of this Title when the complaint is filed. SOURCE: CCP § 350.

(a) In any civil action for injury or illness based upon exposure to asbestos, chemicals, or other toxic agents, the time for the commencement of the action shall be the later of the following: (1) Within two (2) years after the date the plaintiff first suffered disability and ei…

If, when the cause of action accrues against the person, he is out of Guam, the action may be commenced, within the term herein limited, after his return to Guam and if, after the cause of action accrues, he departs from Guam, the time of his absence is not a part of the time lim…

If a person entitled to bring an action, mentioned in Article 3 of this Chapter, be, at the time the cause of action accrued, either: (a) A minor; (b) Insane; or (c) A married woman, and her husband be a necessary party with her in commencing such action; the time of such disabil…

If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representative, after the expiration of that time, and within six (6) months from his death. If…

When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action. SOURCE: CCP § 354.

If an action is commenced within the time prescribed therefor, and judgment therein for the plaintiff be reversed on appeal, the plaintiff, or, if he dies and the cause of action survives, his representatives, may commence a new action within one (1) year after the reversal. SOUR…

When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. SOURCE: CCP § 356.

No person can avail himself of a disability unless it existed when his right of action accrued. SOURCE: CCP § 357.

When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed. SOURCE: CCP § 358.

This Chapter does not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three (3) years after the discovery, by the aggrieved party, of th…

No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this Chapter, unless the same is contained in some writing, signed by the party to be charged thereby. COL 2024-12-05 SOURCE: CCP § 360.

When a cause of action has arisen in any state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in Guam, except in favor of one who…

This Chapter does not extend to actions already commenced nor to cases where the time prescribed in any existing statute for acquiring a right or barring a remedy has fully run, but the laws now in force are applicable to such actions and cases, and are repealed subject to the pr…

The word “action” as used in this Chapter is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. SOURCE: CCP § 363.

If after the time a cause of action accrues against a parent for recovery of amounts which the parent is obligated to pay to the government of Guam as a result of public assistance having been granted due to the separation or desertion of the parent from a child or children, that…

In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before notice of, the assignment, but this section does not apply to a negotiable promissory note or bill of exchange, t…

A married woman may be sued without her husband being joined as a party, and may sue without her husband being joined as a party, in all actions, including those for injury to her person, libel, slander, false imprisonment, or malicious prosecution, or for the recovery of her ear…

If a husband and wife be sued together, the wife may defend for her own right, and if the husband neglect to defend, she may defend for his right also. SOURCE: CCP § 371.

Another. When an infant, or an insane or incompetent person is a party, he must appear either by his general guardian or by a guardian ad litem appointed by the court in which the action is pending, in each case. A guardian ad litem may be appointed in any case, when it is deemed…

When a guardian ad litem is appointed by the court, he must be appointed as follows: (a) When the infant is plaintiff, upon the application of the infant, if he be of the age of fourteen (14) years, or if under that age, upon the application of a relative or friend of the infant.…

An unmarried female may prosecute, as plaintiff, an action for her own seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor. SOURCE: CCP § 374.

A father, or, in case of his death or desertion of his family, the mother, may prosecute as plaintiff for the seduction of the daughter, and the guardian for the seduction of the ward, though the daughter or ward be not living with COL4122017 or in the service of the plaintiff at…

(a) The parents of an unmarried minor child, acting jointly, may maintain an action for injury to such child caused by the wrongful act or neglect of another. If either parent shall fail on demand to join as plaintiff in such action or is dead or cannot be found, then the other p…

(a) A public school student shall have a claim and standing to sue the government of Guam and any officer of the Executive Branch of the government of Guam in his official capacity only for the purpose of enjoining such officer from failing to provide an adequate public education…

(a) When the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death, or in case of the death of such wrongdoer against the personal…

Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, with the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined between the parties. SOURCE: CCP § 3…

In an action brought by a person out of possession of real property, to determine an adverse claim of an interest or estate therein, the person making such adverse claim and persons in possession may be joined as defendants, and if the judgment be for the plaintiff, he have a wri…

Any two or more persons claiming any estate or interest in lands under a common source of title, whether holding as tenants in common or in severalty, may unite in an action against any person claiming an adverse estate or interest therein, for the purpose of determining such adv…

All persons holding as tenants in common, joint tenants, or coparceners, or any number less than all, may jointly or severally commence or defend any civil action or proceeding for the enforcement or protection of the rights of such party. SOURCE: CCP § 384. NOTE: CCP § 385, Abat…

COL4122017 A defendant, against whom an action is pending upon a contract or for specific personal property, may at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, o…