Title 6 — Guam Rules of Evidence
10 chapters · 147 sections in this title.
6 GCA § 3109 Court May Discharge Witness From Arrest
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The court or officer before whom the attendance is required may dis- charge the witness from an arrest made in violation of 3107. If the court has adjourned before the arrest, or before application for the discharge, a judge of the court may grant the discharge. SOURCE: CCP § 207…
6 GCA § 3201 Officers Authorized to Administer Oaths
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Every court, every judge or clerk of any court, every justice and every notary public, and every officer or person authorized to take testimony in an action or proceeding, or to decide upon evidence, has power to administer oaths or affirmations. SOURCE: CCP § 2092.
6 GCA § 3202 Form of Oath
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An oath or affirmation, in an action or proceeding, may be adminis- tered as follows; the person who swears or affirms expressing his assent when addressed in the following form: "You do solemnly swear (or affirm, as the case may be) that the evi- dence you shall give in this iss…
6 GCA § 3203 Form May Vary to Suit Witness' Belief
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Whenever the court before which a person is offered as a witness is satisfied that he has a particular mode of swearing connected with or in addition to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court may, in its discretion, adopt …
6 GCA § 3204 Witnesses of Non-Christian Belief
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COL120106 When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremony of his religion, if there be any such. SOURCE: CCP § 2096. ---------- COL120106
6 GCA § 4101 Public and Private Writings
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SOURCE: CCP § 1887, modified grammatically only. Repealed by implication. Found in 5 GCA Chapter 10.
6 GCA § 4102 Public Writings Defined
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SOURCE: CCP § 1888, modified to refer to the Trust Territory; amended by P.L. 18- 44:24. P.L. 18-44 repealed by P.L. 19-5:139. This section repealed by implication - totally replaced 5 GCA Chapter 10.
6 GCA § 4103 Private Writings
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SOURCE: CCP § 1889. Repealed by implication - totally replaced 5 GCA Chapter 10. ---------- ARTICLE 2 PUBLIC WRITINGS
6 GCA § 4205 Laws, Written and Unwritten
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(a) Laws, whether organic or ordinary, are either written or unwritten. (b) A written law is that which is promulgated in writing, and of which a record is in evidence. (c) An unwritten law is the law, not promulgated and recorded as mentioned in subsection (b), but which is, nev…
6 GCA § 4206 Other Evidence of Laws of Any States
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The oral testimony of witnesses skilled therein is admissible as evidence of the unwritten law of any state or foreign country, as are also printed and published books of reports of decisions of the courts of such state or foreign country, as proved to be commonly admitted in suc…
6 GCA § 4207 Extent of Recitals in Laws as Evidence
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The recitals in a public law are conclusive evidence of the facts recited for the purpose of carrying it into effect, but no further. The recitals in a private law of another state or foreign country or the United States are conclusive evidence between parties who claim under its…
6 GCA § 4208 Oral Evidence of a Foreign Record
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A copy of the judicial record of a foreign country is also admissible in evidence, upon proof: 1. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it; 2. That such original was in the custody of the clerk of the …
6 GCA § 4209 Effect of Judgment or Final Order
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COL120106 The effect of a judgment or a final order in an action or special proceedings before a court or judge of Guam, or of the United States, having jurisdiction to pronounce the judgment or order, is as follows: 1. In case of a judgment or order against a specific thing, or …
6 GCA § 4210 Effect of Other Judicial Orders; When Conclusive
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Other judicial orders of a court or judge of Guam, or of the United States, create a disputable presumption, according to the matter directly determined, between the same parties and the representatives and successors in interest by title subsequent to the commencement of the act…
6 GCA § 4211 Where Parties Deemed the Same
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The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides of the former case, and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both or either. SOURC…
6 GCA § 4212 What Is Adjudged in a Judgment
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That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto. SOURCE: CCP § 1910.
6 GCA § 4213 Principal Bound With Sureties
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Whenever, pursuant to the last four Sections [4209-4212 inclusive) a party is bound by record, and such party stands in the relation of a surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety's …
6 GCA § 4214 Effect of State Record
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The effect of a judicial record of a state, territory, commonwealth, possession or trust territory of the United States and the District of Columbia is the same in Guam as in the place where it was made, except that it can only be enforced in Guam by an action, and except, also, …
6 GCA § 4215 Effect of Foreign Judgments
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A final judgment of any tribunal of a foreign country having jurisdiction, according to the laws of such country, to pronounce the judgment, shall have the same effect as a judicial record of a state, as provided by 4214, above. SOURCE: CCP § 1915 modified. COMMENT: A literal rea…
6 GCA § 4216 Records of Courts of Admiralty
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The effect of the judicial record of a court of admiralty of a foreign country is the same as if it were the record of a court of admiralty of the United States. SOURCE: CCP § 1914. COMMENT: The law of Admiralty has developed its own traditions apart from those of the common law …
6 GCA § 4217 Impeaching a Record
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Any judicial record may be impeached by evidence of a want of jurisdiction in the court of judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings. SOURCE: CCP § 1916. COMMENT: The Advisory Committee's Note t…
6 GCA § 4218 Jurisdiction Required for a Judgment
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The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment. SOURCE: CCP § 1917.
6 GCA § 4219 Church Records As Evidence
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Church records and/or registers, and/or entries therefrom, and/or certificates kept or issued by a clergyman or other person in accordance with law or in accordance with the rules, regulations and/or requirements of a religious denomination, society or a church, shall be competen…
6 GCA § 4220 Proof of Church Records
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Church records or registers of entries therefrom or certificates of the character mentioned in 4219, in order to be admissible in evidence shall be proved by the original or by a copy thereof certified by the clergyman or other person having the custody of the original, provided …
6 GCA § 4221 Entries Prima Facie Evidence
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Entries in public or other official books or records, made in the performance of his duty by a public officer of Guam, or by another person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts stated therein. SOURCE: CCP § 1920. SOURCE: Wh…
6 GCA § 4222 Contents of Certificates
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Whenever a copy of a writing is certified for the purpose of evidence, the certificate must state in substance that the copy is a correct copy of the original, or of a specified part thereof, as the case may be. The certificate must be under the official seal of the certifying of…
6 GCA § 4223 Applicability to Territories, etc
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The provisions of this Title applicable to public writings of a state are equally applicable to the public writings of the United States, of a territory, possession, Commonwealth or Trust Territory of the United States, and of the District of Columbia. SOURCE: CCP § 1924 updated …
6 GCA § 4224 Certificates of Title Primary Evidence
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COL120106 A certificate of title or purchase, or of location, of any lands in Guam, issued or made in pursuance of any law of the United States, or of Guam, is primary evidence that the holder or assignee of such certificate is the owner of the lands described therein. SOURCE: CC…
6 GCA § 4225 Entries By Officers, etc
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An entry made by an officer or board of officers, or under the direction and in the presence of either, in the course of official duty, is prima facie evidence of the facts stated in such entry. SOURCE: CCP § 1926. CROSS-REFERENCES: § 4103 of this Division.
6 GCA § 4226 Deeds As Evidence
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A deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of any of the courts of record of Guam, or in pursuance of any law authorizing such transfer of land, acknowledged and recorded in the Department of Land Mana…
6 GCA § 4301 Coverage of this Article
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Except as specifically provided in this Article, this Article concerns itself with private writings only. SOURCE: New Section. COMMENT: Much of former CCP Ch. 3, Article 3 is covered in Division 1. This Article contains those portions of the former law not covered in Division 1 -…
6 GCA § 4302 Seals of No Effect
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There shall be no difference hereafter, in Guam, between sealed and unsealed writings. A writing under seal may therefore be changed, or altogether discharged by a writing not under seal. SOURCE: CCP § 1932. COMMENT: At common law, the sealing of private writings had legal signif…
6 GCA § 4303 Execution of an Instrument Defined
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The execution of an instrument is the subscribing and delivering it. SOURCE: Former CCP § 1933, as modified. COL120106 COMMENT: The modification here is the deletion of the words "with or without affixing a seal." With the elimination of any legal difference between sealed and un…
6 GCA § 4304 Subscribing Witness Defined
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A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party, thereupon signs his name as a witness. SOURCE: CCP § 1935. CROSS-REFERENCES: § 903 of Division 1 (Guam Rules of Evidence.)
6 GCA § 4305 Entries of Decedents
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The entries and other writings of a decedent in a position to know the facts stated therein, made at or near the time of the transaction, may be read as prima facie evidence of the facts stated therein, in the following cases: 1. When the entry was made against the interest of th…
6 GCA § 4306 Removal of Public Records
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The record of a conveyance of real property, or any other record, a transcript of which is admissible in evidence, must not be removed from the office where it is kept, except upon the order of a court, in cases where the inspection of the record is shown to be essential to the j…
6 GCA § 4307 Court May Order Old Exhibits Destroyed
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The court, on its own motion, by an order entered in the minutes, may order destroyed or otherwise disposed or, any exhibit introduced in the trial of a civil action or proceeding which, if appeal has not been taken from the COL120106 decision of the court in the said action or p…
6 GCA § 4308 Unsworn Declarations under Penalty of Perjury
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Whenever, under any law of Guam or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath or affidavit, in …
6 GCA § 5101 Indirect Evidence Classified. [Omitted]
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SOURCE: CCP § 1957. Substance Duplicated in § 2110 of this Division.
6 GCA § 5102 Inference Defined
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An inference is a deduction which the reason of the judge or jury makes from the facts proved, without an express direction of law to that effect. SOURCE: CCP § 1958, modified to reflect juries.
6 GCA § 5103 Presumption Defined
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A presumption is a deduction which the law expressly directs to be made from particular facts. SOURCE: CCP § 1959. COMMENT: The presumptions of this Chapter are not those mentioned in GRE 301. The presumptions here are those which arise upon specific direction of law.
6 GCA § 5104 When an Inference Arises
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An inference must be founded both on a fact legally proved and on such a deduction from that fact as is warranted by a consideration of the usual propensities or passions of men, the particular propensities or passions of the person whose act is in question, the course of busines…
6 GCA § 5105 When Presumptions May be Controverted
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A presumption, unless declared by law to be conclusive, may be controverted by other evidence, direct or indirect, but unless so con- COL02132012 troverted, the judges and juries are bound to find according to the presumption in all civil cases. SOURCE: CCP § 1961, as modified. C…
6 GCA § 5106 Specification of Conclusive Presumptions
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The following presumptions, and no others, are deemed conclusive: 1. A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another; 2. The truth of the facts recited, from the recital in a written instrument between the part…
6 GCA § 5107 All Other Presumptions May be Controverted
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COL02132012 All other presumptions are satisfactory if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind: 1. That a person is innocent of a crime or wrong; 2. That an unlawful act was done with …
6 GCA § 6101 Transfer of Real Property to be in Writing
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No estate or interest in real property, other than for leases for a term not exceeding one (1) year, nor any trust or power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered or declared, otherwise than by operation of law, or…
6 GCA § 6102 Previous Section Not to Extend to Certain Cases
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The preceding section must not be construed to affect the power of a testator in the disposition of his real property by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law, nor to abridge the power of any cour…
6 GCA § 6103 When Agreements Must be in Writing
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In the following the agreement is invalid, unless the same or some note or memorandum thereof be in writing, and subscribed by the party charged, COL120106 or by his agent. Evidence, therefore, of the agreement, cannot be received without the writing or secondary evidence of its …
6 GCA § 6104 Representation of Credit by Writing
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No evidence is admissible to charge a person upon a representation as to the credit of a third person, unless such representation, or some memorandum thereof, be in writing, and subscribed by or in the hand- writing of the party to be charged. SOURCE: CCP § 1974. ---------- COL12…
6 GCA § 7101 Whom to Explain Altered Writing
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The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the appearance or alteration. He may show that the alteration was made by another, without his co…