Title 7 — Judiciary and Civil Procedure

After the appearance in the action of the owner, the attachment may, on motion, also be discharged in the same manner, and on like terms and COL2102014 conditions, as attachments in other cases, subject to the provisions of § 24513 of this Article. SOURCE: CCP § 823.

If the attachment be not discharged, and a judgment be recovered in the action in favor of the plaintiff, and an execution be issued thereon, the Chief of Police must sell at public auction, after publication of notice of such sale for ten (10) days, the steamer, vessel, or boat,…

Notwithstanding Prior Attachment; How Enforced. Any mariner, boatman, or other person employed in the service of the steamer, vessel, or boat attached, who may wish to assert his claim for wages against the same, the attachments being issued for other demands than such wages, may…

If the claim of the mariner, boatman, or other person filed with the clerk of the court, as provided in the last section, be not contested within five (5) days after notice of the filing thereof by the owner, master, agent, or consignee of the steamer, vessel, or boat against whi…

The notice of sale published by the Chief of Police must contain a statement of the measurement and tonnage of the steamer, vessel, or boat, and a general description of her condition. SOURCE: CCP § 827. ---------- ARTICLE 6 CONTRIBUTION AMONG JOINT TORTFEASORS

This Article may be cited as the Contribution Among Joint Tortfeasors Act. SOURCE: CCP § 830 added by P.L. 19-5:128, enacted 8/21/87. All sections in this Article were added by the same act and section. Therefore, unless further amended, all source references will be to P.L. 19-5…

(a) Except as otherwise provided in this Article, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered…

In determining the percentage shares of tortfeasors in the entire liability, their relative degrees of fault shall be considered by the trier of fact. A tortfeasor entitled to contribution shall recover from each remaining tortfeasor an amount which is based on the percentage of …

(a) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by a suit for contribution in the action or by a separate action for contribution. (b) If there is a judgment for the inju…

When a release or covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death: 1. It does not discharge any of the other tortfeasors from liability from the injury or wrongful de…

Tortfeasors; Review by Writ of Mandate. (a) Any party to an action wherein it is alleged that two or more parties are joint tortfeasors shall be entitled to a hearing on the issue of the issue of the good faith of a settlement entered into by the plaintiff or other claimant and o…

This Article shall apply to all actions now pending before the courts of Guam [and] to all future actions filed in the courts of Guam. SOURCE: CCP § 836. ---------- COL2102014

A judgment, order, or decree in a civil action, except when expressly made final by this Title, may be reviewed as prescribed in this Chapter. SOURCE: CCP § 936. NOTE: See Corn v. Guam Coral, (1963) 318 F.2d 622; Bank of America v. Webster, 439 F.2d 691 (1971); People v. Olsen, 4…

An appeal in a civil action or proceeding may be taken from the Superior Court in the following cases: (a) From a judgment, except (1) an interlocutory judgment other than as provided in subdivisions (h), (i) and (j); [and] (2) a judgment of contempt which is made final and concl…

by the Judge. An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made. SOURCE: CCP § 937.

Any party aggrieved may appeal in the cases prescribed in this Chapter. The party appealing is known as the appellant, and the adverse party as the respondent. SOURCE: CCP § 938. NOTE: CCP § 939, Time when appeal may be taken, was repealed by P.L. 13-156:1. In its place, P.L. 13-…

In the event of the death of any person having at his death a right of appeal, the attorney of record representing the decedent in the court in which the judgment was rendered may appeal therefrom at any time before the appointment of an executor or an administrator of the estate…

If the appellant appeals on trivial and frivolous grounds, or if he appeals on the grounds of newly discovered evidence and is unable to present it upon the hearing, the appeal may be dismissed. SOURCE: CCP § 944.

The dismissal of an appeal is in effect an affirmance of the judgment or order appealed from, unless the dismissal is expressly made without prejudice to another appeal. SOURCE: CCP § 945. NOTE: The CCP contained no § 946 or § 947.

Any order or judgment issued by the Supreme Court in a case reviewed by it, on appeal or otherwise may be certified to the Superior Court to be attached to the record of the case, and the Superior Court shall give immediate effect to such order or judgment, certified to it. SOURC…

When the judgment or order is reversed or modified, the Supreme Court may make complete restitution of all property and rights lost by the erroneous judgment or order, so far as such restitution is consistent with protection of a purchaser of property at a sale ordered by the jud…

An appeal to the Supreme Court may be taken from the Superior Court in any case in which the Supreme Court has jurisdiction as set forth in § 2202 of this Title. SOURCE: CCP § 963 amended by P.L. 9-256 and P.L. 12-85. Because of the Olsen case, references here must necessarily re…

When an executor, administrator, or guardian, who has given an official bond, appeals from a judgment or order of the Superior Court made in the proceedings had upon the estate of which he is executor, administrator, or guardian, his official bond shall stand in the place of an u…

When the judgment or order appointing an executor or administrator or guardian is reversed on appeal, for error, and not for want of jurisdiction of the court, all lawful acts in administration upon the estate performed by such executor or administrator or guardian, if he had qua…

An appeal from the Superior Court is taken and perfected by filing with the clerk of the court a written notice stating the appeal from the judgment, order, or decree, or some specific part thereof, within the time limit prescribed by Rule 2 of the Appellate Rules of Court, and b…

may be Summoned After Judgment. When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in § 14107 of this Title, those who were not originally served with the summons, and did not appear in the action, m…

The summons, as provided in the last section, must describe the judgment, and require the person summoned to show cause why he should not be bound by it, and must be served in the same manner, and returnable within the same time, as the original summons. It is not necessary to fi…

The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon. SOURCE: CCP § 991.

Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existi…

If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he denies his liability on the obligation upon which the ju…

The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a finding be found against him, it must be for not exceeding the amount remaining unsatisfied on such original …

The defendant may, at time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified. If the plaintiff accepts the offer, and gives notice thereof within five (5) days, he …

Whenever an order for the payment of a sum of money is made by a court, pursuant to the provisions of this Title, it may be enforced by an execution in the same manner as if it were a judgment. SOURCE: CCP § 1007. COL3242015 ---------- ARTICLE 5 NOTICES, FILING & SERVICE NOTE: CC…

A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him. After appearance, a defendant or his attorney is entitled to notice of all subsequent proceedings of which no…

Any summons, writ, or order in any civil suit or proceeding, and all other papers requiring service, may be transmitted by telephone or telegraph for service in any place, and the telephone or telegraphic copy of such writ, COL3242015 or order, or paper so transmitted, may be rec…

When in an action for divorce, adultery is charged against either party, and the person with whom such adultery is alleged to have been committed by such party is named in any of the pleadings, a copy of such pleadings must be personally served on such named person; or in case su…

(a) In any action for damages for personal injury or death, whether based on tort or contract law, or otherwise, no attorney representing any party to such action shall contract for, or charge or collect on a contingent fee basis any fee for his services for such party in excess …

Except as otherwise expressly provided in this Title costs are allowed of course to the plaintiff upon a judgment in his favor in the following cases: (a) In an action for the recovery of real property; (b) In an action to recover the possession of personal property; (c) In an ac…

employees in cases against the government of Guam. Costs and reasonable attorney’s fees shall be allowed of course to a government of Guam employee upon a judgment in the employee's favor in cases against the government of Guam in which the employee seeks to enforce plaintiff's e…

In any action or proceeding to enforce a provision of the Every Child is Entitled to an Adequate Public Education Act, the court, in its discretion, may allow the prevailing party reasonable attorney’s fee as part of the costs. SOURCE: Added by P.L. 28-045:18, effective, October …

Attorney’s fees may be awarded in all domestic cases against any person who is found by the Superior Court of Guam to have willfully withheld and failed to pay child support or who is found to have wrongfully refused visitation to a noncustodial parent. SOURCE: CCP § 1022.2 added…

When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties who might have been joined as defendants in the same action, no costs can be al…

Costs must be allowed of course to the defendant upon a judgment in his favor in the actions mentioned in § 26602 and in special proceedings. SOURCE: CCP § 1024.

In other actions than those mentioned in § 26602, costs maybe allowed or not, and, if allowed, may be apportioned between the parties, on the same or adverse sides, in the discretion of the court; but no costs can be allowed the plaintiff when the judgment is one which could have…

When there are several defendants in the actions mentioned in § 26602, not united in interest, and making separate defenses by separate answers, and plaintiff fails to recover judgment against all, the court must award costs to such of the defendants as have judgment in their fav…

The prevailing party on appeal shall be entitled to his costs excepting when judgment modified, and in that event the matter of costs is within the discretion of the appellate court. SOURCE: CCP § 1027.

The fees of referees are Two Dollars ($2.00) to each for every day spent in the business of the reference; but the parties may agree in writing, upon any other rate of compensation, and thereupon such rates shall be allowed. SOURCE: CCP § 1028.

When an application is made to a court or referee to postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the court or referee, as a condition of granting the same. SOURCE: CCP § 1029. COL3242015

When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for plaintiff, the amount so tendered, and the…

In an action prosecuted or defended by an executor, administrator, trustee of express trust, or a person expressly authorized by law; costs may be recovered as in action by and against a person prosecuting or defending in his own right; but such costs must, by the judgment, be ma…