Title 7 — Judiciary and Civil Procedure

If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the marshal must proceed to…

If the execution be returned, unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to § 540 or § 555, or he may proceed, as in other cases, upon the return of execution. SOURCE: CCP § 552.

If the defendant recovers judgment against the plaintiff, and no appeal is perfected and undertaking executed and filed any undertaking received in the action, all the proceeds of sales and money collected by the marshal, and all the property attached remaining in the commissione…

Whenever any defendant has appeared in the action, such defendant may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending, or to the judge thereof, for an order to discharge the attachment wholly, or in part; and, upon the execution of the …

Before making such order, the court or judge must require an undertaking on behalf of such defendant by at least two sureties, residents and freeholders or householders in Guam, to the effect that in case the plaintiff recovers judgment in the action against the defendant, by who…

The defendant may also at any time, either before or after the release of the attached property, or before any attachment shall have been actually levied, apply, on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to a judge thereof…

Affidavit. If the motion be made upon affidavit on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavit or other evidence in addition to those on which the attachment was made. SOURCE: CCP § 557.

If, upon such application, it satisfactorily appears that the writ of attachment was improperly or irregularly issued, it must be discharged; provided, that such attachment shall not be discharged if, at or before the hearing of such application, the writ of attachment or the aff…

The marshal must return the writ of attachment with the summons if issued at the same time; otherwise within twenty (20) days after its receipt, with a certificate of his proceedings endorsed thereon or attached thereto; and whenever an order has been made discharging or releasin…

After the return and filing of the writ of attachment, or upon filing by the plaintiff of a verified affidavit setting forth the loss of the writ of attachment, the clerk of the court, upon demand of the plaintiff, may issue an alias writ which shall be in the same form as the or…

An attachment as to any real property may be released by a writing signed by the plaintiff, or his attorney, or the officer. SOURCE: CCP § 560; amended by P.L. 5-54 effective July 1, 1960.

The interest of a defendant in personal property belonging to the estate of a decedent, whether as heir, legatee, or devisee, may be attached by COL121007 serving the personal representative of the decedent with a copy of the writ and a notice that said interest is attached. Such…

A receiver may be appointed by the court in which an action is pending, or by the judge thereof: 1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or…

Before entering upon his duties, the receiver must be sworn to perform them faithfully, and with two or more sureties, approved by the court or judge, execute an undertaking to the government of Guam in such sum as the court or judge may direct, to the effect that he will faithfu…

The receiver has, under the control of the court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such act…

Funds in the hands of a receiver may be invested upon interest, by order of the court; but no such order can be made, except upon the consent of all the parties to the action. SOURCE: CCP § 569.

of. A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him shall, before receiving his discharge as such receiver, publish a notice for one (1) month on one or more public bulletin boards in Agana and in the district where the owner of…

Any bank duly licensed to do business in Guam may, where practica- ble, be appointed a receiver, and where so appointed shall not be required to give an undertaking or the oath prescribed in § 20504 of this Article. SOURCE: CCP § 571. ---------- ARTICLE 6 DEPOSIT IN COURT

Whenever money is paid into or deposited in court to be held in custody or trust for or on behalf of a person other than the government of Guam, the same shall be delivered to the clerk of the court in person. He thereupon must deposit it with a licensed bank in Guam in a special…

Whenever, in the exercise of its authority, a court has ordered the COL121007 deposit or delivery of money, or other thing, and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the Chief of Police to take the money, or thing, and …

Upon the dissolution of any corporation, the court having jurisdiction on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effe…

Undertaking On. No party or attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity or affinity within the third degree, can be appointed receiver therein without the written consent of the parties, filed with the clerk. If a …

[Repealed, reserved, or text not separately stated.]

A judgment is the final determination of the rights of the parties in an action or proceeding. SOURCE: CCP § 577.

Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves. SOURCE: CCP § 578.

to Others. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper. SOURCE: CCP § 579.

The relief granted to the plaintiff, if there be no answer, cannot exceed that to which he shall have demanded in his complaint; but in any other case the court may grant him any relief consistent with the case made by the complaint and embraced within the issues. COL4122017 SOUR…

No action in which the government of Guam is a plaintiff shall be dismissed without the consent of the Attorney General of Guam. SOURCE: CCP § 584. ---------- ARTICLE 2 ISSUES, MODE OF TRIAL AND POSTPONEMENTS NOTE: Guam CCP § 585, dealing with defaults, has been repealed by impli…

The party obtaining a postponement of a trial in any court of record must, if required by the adverse party, consent that the testimony of any witness of such adverse party who is not in attendance be taken by deposition before a judge or clerk of the court in which the case is p…

The trial must proceed in the following order, unless the judge, for special reasons, otherwise directs: (a) The plaintiff, after stating the issue and his case, must produce the evidence on his part; (b) The defendant may then open his defense, and offer his evidence in support …

Upon the trial of a question of fact by the court, its decision must be given in writing and filed with the clerk within thirty (30) days after the cause is submitted for decision. SOURCE: CCP § 632. COL4122017 CROSS-REFERENCES: For Rules governing method by which delay of decisi…

Findings of fact may be waived by several parties to a issue of fact: (a) By failing to appear at trial; (b) By consent in writing filed with the clerk; (c) By oral consent in open court entered in the minutes. In all cases where the court directs a party to prepare the findings,…

The parties may, in any action or special proceedings, agree in writing upon the facts involved in the litigation and require the judgment of the court upon the questions of law arising from such agreed statement of facts. The ruling and judgment of the court upon such agreed sta…

On a judgment for the plaintiff upon an issue of law he may proceed in the manner prescribed by Rule 55 of the Guam Rules of Civil Procedure, upon the failure of the defendant to answer. If the judgment before the COL4122017 defendant upon an issue of law, and the taking of an ac…

Referees, before commencing the performance of their duty, shall be sworn to a faithful and honest performance thereof, and the fact that they have taken such oath shall be certified to on the commission by the authority administering the oath. The oath shall be administered by t…

A party may object to the appointment of any person as referee, on one or more of the following grounds: (a) Consanguinity or affinity, within the third degree, to either party, or to an officer of a corporation which is a party, or to any judge of the court in which the appointm…

The objections taken to the appointment of any person as referee must be heard and disposed of by the court. Affidavits may be read and witnesses examined as to such objections. SOURCE: CCP § 642. ---------- ARTICLE 5 PROVISIONS RELATING TO TRIALS IN GENERAL

COL4122017 (a) The finding may be vacated and any other decision may be modified or vacated; in whole or in part; and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the …

The party intending to move for a new trial must, either before the entry of judgment or within five days after receiving written notice of the entry of the judgment, file with the clerk and serve upon the adverse party a notice of his intention to move for a new trial, designati…

The motion for a new trial shall be heard and determined by the judge who presided at the trial. Upon expiration of the time to file counter- affidavits, the clerk shall forthwith call the motion to the attention of the judge who presided at the trial, or the judge acting in his …

Damages. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant…

If a party dies after a finding or decision upon any issue of fact, and before judgment, the Court may nevertheless render judgment thereon. Such judgment is not a lien on the real property of the deceased party, but is payable in the course of administration of his estate. COL41…

In the Superior Court the following papers, without being attached together, shall constitute the judgment roll: (1) In case the complaint is not answered by any defendant the summons, with the affidavit or proof of service, the complaint, the request for entry of default with a …

Immediately after filing the judgment roll the clerk must make the proper entries of the judgment under appropriate heads in the docket kept by him. COMMENT: CCP § 671.

COL4122017 The docket mentioned in the last section is a book which the clerk keeps in his office, with each page divided into nine (9) columns, and headed as follows: Date of Entry and Docket; Judgment Debtors; Judgment Creditors; Judgment; Time of Entry; Where Entered in Judgme…

The docket kept by the clerk is open at all times, during office hours, for the inspection of the public, without charge. The clerk must arrange the several dockets kept by him in such a manner as to facilitate their inspection. SOURCE: CCP § 673.

An abstract of the judgment or decree of any court of record of Guam, or of the United States, the enforcement of which has not been stayed on appeal, certified by the clerk of the Court where such judgment or decree was rendered, may be filed with the Director of Land Management…

Satisfaction of a judgment may be entered in the clerk's docket upon an execution returned satisfied, or upon an acknowledgment of satisfaction filed with the clerk, which may recite payment of the judgment in full or the acceptance by the judgment creditor of any lesser sum in f…

When an action is commenced to set aside a transfer or conveyance of property on the grounds that such transfer or conveyance was made to hinder, delay or defraud a creditor or creditors, the transferee or grantee to whom it is alleged the property was transferred or conveyed or …

Such undertaking with two sureties shall be executed by the transferee or grantee to whom it is alleged the property was so transferred or conveyed to whom it is alleged the property was transferred or conveyed to hinder, delay or defraud creditors, or the successor or assign of …