Title 7 — Judiciary and Civil Procedure

Said undertaking shall be filed in the action in which said execution issued and a copy thereof served upon the plaintiff or his attorney in said action. SOURCE: CCP § 677a.

COL4122017 Within ten days after service of the copy of undertaking the plaintiff may object to such undertaking on the ground of inability of the sureties, or either of them, to pay the sum for which they became bound in said undertaking, and upon the ground that the estimated v…

When the sureties or either of them are objected to, the surety or sureties so objected to shall justify before the Court in which the action is commenced, upon ten days notice of the time when they will so justify being given to the plaintiff, or plaintiff's attorney. Upon the h…

When objection is made to the undertaking upon the ground that the estimated value of the property, as stated in the undertaking, is less than the market value of the property, the transferee or grantee giving the undertaking may accept the estimated value stated by the plaintiff…

If judgment be rendered in said action that the alleged transfer of conveyance was made to hinder, delay or defraud a creditor, then judgment shall be rendered in such action without further proceeding in favor of plaintiff and against the principal and sureties on said undertaki…

NOTE: Guam CCP §§ 664 and 668 were repealed by P.L. 13-156. Old Rule 79 GRCP was repealed by P.L. 13-157. No CCP § 665 exists. CCP § 666, When Counterclaim Established exceeds Plaintiff's demand, has been superseded by GRCP Rule 54.

As used in this Chapter: (a) Clerk and clerk of the court include any deputy clerk; (b) Court means the Superior Court of Guam, and includes, when the context requires, any judge of the court; (c) Jury Wheel means any physical device or electronic system for the storage of the na…

It is the policy of the territory of Guam that all persons selected for jury service be selected at random from a fair cross section of the population of the Territory, and that all qualified citizens have the opportunity in accordance with this chapter to be considered for jury …

A citizen shall not be excluded from jury service in the courts of Guam on account of race, color, religion, sex, national origin, economic status, or on account of a physical disability except as provided in § 22105(e) of this Chapter. SOURCE: CCP § 680.3. NOTE: The reference to…

In all cases at law in which the demand, exclusive of interest and costs, or the value of the property in controversy amounts to more than Twenty Dollars ($20.00), except for small claims cases and appeals thereafter, and in all criminal cases where the authorized punishment cons…

A prospective juror is disqualified to serve as a juror if he: (a) is not a citizen of the United States; (b) is not at least eighteen years old; (c) has not resided for a period of at least one year within Guam; (d) is unable to read, write, speak, and understand the English lan…

No person shall sit as a juror in any case in which his relative by affinity or by consanguinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the juror has, either directly or through such relative, any pecuniary interest. SO…

A person may claim exemption from service as a juror if he or she is: (a) a member in the active service of the armed forces of the United States; (b) an elected official, or a judge, of the United States or the Territory of Guam; (c) an actively engaged member of the clergy; (d)…

A juror shall not be excused by the court for slight or trivial cause, but only when it appears that jury duty would entail a serious personal hardship, COL10312014 or that for other good cause he should be excused either temporarily or otherwise. SOURCE: CCP § 680.8.

Jurors in the courts of Guam shall receive the following fees, except as otherwise expressly provided by law: For actual attendance at the place of trial or hearing and for the time necessarily occupied in going to and from such place at the beginning and end of such service or a…

There is hereby established a Jury Trust Fund (the Fund) to carry out the provisions of sections § 22104 and § 22109 of this Title. The Fund shall be replenished annually by appropriation of the Legislature paid directly to the Fund. All expenses related to jury services shall be…

[Repealed.] SOURCE: CCP § 680.9b added by P.L. 19-028:3 (Oct. 26, 1988). Repealed and reenacted by P.L. 26-152:IV:13 (Sept. 29, 2002). Repealed by P.L. 27-055:3 (Dec. 17, 2003). COL10312014 NOTE: In repealing and reenacting this section, P.L. 27-055:3 stated that “[a]ll existing …

(a) The clerk shall compile a master list. The master list shall consist of the vote registration list for the Territory, which may be supplemented with names from other lists of persons resident therein such as lists of property taxpayers, utility customers, and drivers' license…

Each year the clerk shall, by random selection, place in the master jury wheel the names of prospective jurors taken from the master list, in such num- ber as the court determines should be processed in order to provide the number of jurors required for the ensuing year. The cler…

(a) The clerk shall prepare an alphabetical list of the name in the master jury wheel, which shall not be disclosed to any person other than pursuant to this chapter or specific order of the court. The clerk shall have delivered to every person whose name appears on such list a j…

Upon return of the juror qualification forms, the clerk shall select for jury service all those persons whom he believes are qualified and not exempt; provided, that any person who is exempt may be selected if he waives his exemption. The names of the persons so selected shall be…

COL10312014 (a) From time to time, the clerk shall draw at random from the qualified jury wheel such number of persons as may be required for assignment to grand and petit jury panels. The clerk shall prepare a separate list of names of persons assigned to each grand and petit ju…

If a person who is exempt or who believes himself to be entitled to be excused from jury duty, is summoned as a juror, he may, even though he did not request exemption or excuse previously, or was not exempted or excused by the clerk, make his request for exemption or excuse to t…

Whenever a juror has been disqualified, exempted, or excused, that fact shall be noted on his juror qualification form and he shall not be subject to service for the period of time commensurate with the nature and circumstances of his disqualification, exemption, or excuse. SOURC…

(a) In criminal cases, before the voir dire examination ends, the defendant may move to dismiss the indictment or stay the proceedings against him on the ground of substantial failure to comply with the provisions of this Title in selecting the grand or petit jury. (b) In crimina…

In civil cases, each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purpose of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised …

After the master jury wheel is emptied and refilled pursuant to § 22112 of this Title, and after all persons selected to serve as jurors before the master wheel was emptied have completed such service, all records and papers compiled and maintained by the clerk before the master …

(a) An employer shall not deprive an employee of his employment, or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror, or attends court for prospective jury service. (b) Any employer who violates Su…

Grand and Petit Juries. Selections of potential jurors and drawings of jury lists and panels, may be made by means of electronic or electro-mechanical devices commonly COL10312014 designated as data processing equipment such as punch cards, electronic tape, random access files, a…

This Chapter shall be deemed a continuation of former law so far as sections of the former law are continued unamended. The present jury panel shall continue until its term expires. SOURCE: CCP 680.22. ---------- COL10312014

The party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement. If, after the entry of the judgment, the issuing of execution thereon is stayed or enjoined by any judgment or order of Cour…

The court or the judge thereof shall not have the power without the consent of the adverse party to stay for a longer period than thirty (30) days the execution of any judgment or order, the execution whereof would be stayed on appeal only by the execution of a stay bond, provide…

The writ of execution must be issued in the name of the Government of Guam, sealed with the seal of the court, and subscribed by the judge, and be directed to the marshal, and it must intelligibly refer to the judgment, stating the court, and if it be for money, the amount thereo…

The execution may be made returnable, at any time not less than ten (10) nor more than sixty (60) days after its receipt by the marshal, to the clerk of the court. When the execution is returned, the clerk must attach it to the judgment roll. SOURCE: CCP § 683.

SOURCE: CCP § 684. NOTE: Enforcing Judgment, is covered by Rules 69 and 70, Guam Rules of Civil Procedure.

In all cases the judgment may be enforced or carried into execution after the time lapse of six years from the date of entry, by leave of Court, upon motion, or by judgment for that purpose, founded upon supplemental pleadings; but nothing in this section shall be construed to re…

a Party After His Death. Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced, as follows: (a) In case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interest…

SOURCE: CCP § 687. NOTE: Execution - How and to Whom Issued, is covered by Rule 69 Guam Rules of Civil Procedure.

Levied On. All goods, chattels, moneys or other property, both real and personal, or any interest therein, of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, are subject to execution. Shares or intere…

Party. (a) If the property levied on is claimed by a third person as his property, by a written claim verified by his oath or that of his agent, setting out his right to the possession thereof, and served upon the marshal, the marshal must release the property if the plaintiff or…

Exceptions. (a) The following property is exempt from execution, except as herein otherwise specially provided: (1) The debtor's homestead as provided in the Civil Code. (2) Necessary household, table and kitchen furniture belonging to the judgment debtor, including one stove, st…

(a) Except in the case of a levy on earnings, the marshal must execute the writ against the property of the judgment debtor, by levying on a sufficient amount of property, if there be sufficient, collecting or selling the things in action, and selling the other property and payin…

Before the sale of property on execution or under power contained in any deed of trust, notice thereof must be given as follows: (a) In case of perishable property; by posting written notice of the time and place of sale in three public places in the city where the property is to…

An officer selling without the notice prescribed in the last section forfeits Fifty Dollars ($50.00) to the aggrieved party, in addition to his actual damages, and a person willfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the jud…

(a) All sales of property under execution must be held in a city, town, or village in the district where said property or some part thereof is situated, and must be made at auction, to the highest bidder, between the hours of 9 in the morning and 5 in the afternoon. (b) After suf…

If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss be occasioned thereby, the officer may recover the amount of such loss, with co…

When a purchaser refuses to pay, the officer may, in his discretion, thereafter reject any subsequent bid of such person. SOURCE: CCP § 696.

The two preceding sections must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser, and the amount collected from the purchaser refusing to pay. SOURCE: CCP § 697.

When the purchaser of any personal property capable of manual delivery pays the purchase money, the officer making the sale must deliver to the purchaser the property, and, if desired, execute and deliver to him a certificate of the sale. Such certificate conveys to the purchaser…

ery. When the purchaser of any personal property not capable of manual delivery pays the purchase money, the officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the purchaser all the right which the debtor had in su…