Title 7 — Judiciary and Civil Procedure

The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or …

It may be issued by any court except police or commissioner's courts, to an inferior tribunal or to a corporation, board, or person in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the p…

The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show…

The provisions of the preceding Article, except the first four sections thereof, [§ 31201 - § 31204], apply to this proceeding. SOURCE: CCP § 1105. ----------- ARTICLE 4 COURTS HAVING JURISDICTION

Writs of review, mandate and prohibition issued by the Supreme Court or by the Superior Court may in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time. SOURCE: CCP § 1108; amended by P.L. 12-85; reenacted without change by …

Except as otherwise provided in this Chapter, the provisions of Part 2 of this Title are applicable to and constitute the rules of practice in the proceedings mentioned in this Chapter. SOURCE: CCP § 1109. NOTE: Part 2 of this Title commences with Chapter 10, but the procedure re…

The provisions of Part 2 of this Title relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Chapter, apply to the proceedings mentioned in this Chapter. SOURCE: CCP § 1110 ---------- COL120106

A judgment by confession may be entered without notice, either for money due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this Article. Such judgment may be entered in any court having jurisdiction for like …

A statement in writing must be made, signed by the defendant, and verified by his oath, to the following effect: 1. It must authorize the entry of judgment for a specified sum; 2. If it be for money due, or to become due, it must state concisely the facts out of which it arose, a…

The statement must be filed with the clerk of the court, who must endorse upon it, and enter in the judgment book a judgment of such court for the amount confessed, with Five Dollars ($5.00) costs. The statement and affidavit, with the judgment endorsed, thereupon becomes the jud…

Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been…

Judgment must be entered in the judgment book as in other cases, but without costs for any proceeding prior to trial. The case, the submission, and a copy of the judgment constitute the judgment roll. SOURCE: CCP § 1139. COL120106

The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal. SOURCE: CCP § 1140. ---------- ARTICLE 3 DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS

Any person confined in jail, on any proceedings in a civil action, must be discharged therefrom upon the conditions in this Article specified. SOURCE: CCP § 1143.

Such person must cause a notice in writing to be given to the plaintiff, his agent, or attorney, that at a certain time and place he will apply to a judge of the court having jurisdiction for the purpose of obtaining a discharge from his imprisonment. SOURCE: CCP § 1144.

Such service must be served upon the plaintiff, his agent, or attorney, at least one day before the hearing of the application. SOURCE: CCP § 1145. COL120106

At the time and place specified in the notice, such person must be taken before such judge, who must examine him under oath concerning his estate and property, and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed, and such judge may…

The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they must, if requested by him, be proposed and answered in writing, and the answer must be signed and sworn to by the prisoner. SOURCE: CCP § 1147.

If, upon the examination, the judge is satisfied that the prisoner is entitled to his discharge, he must administer to him the following oath, to wit: I, __________, do solemnly swear that I have not any estate, real or personal, to the amount of Fifty Dollars ($50.00), except su…

After administering the oath, the judge must issue an order that the prisoner be discharged from custody, and the officer, upon the service of such order, must discharge the prisoner forthwith, if he be imprisoned for no other crime. SOURCE: CCP § 1149. COL120106

If a judge does not discharge the prisoner, he may apply for his discharge at the end of every succeeding ten days, in the same manner as above provided, and the same proceedings must thereupon be had. SOURCE: CCP § 1150.

The prisoner, after being so discharged, is forever exempted from arrest on civil process for the same debt, unless he be convicted of having willfully sworn falsely upon his examination before the judge, or in taking the oath before prescribed. SOURCE: CCP § 1151.

The judgment against any prisoner who is discharged remains in full force against any estate which may then or at any time afterward belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been …

The plaintiff in the action may at any time order the prisoner to be dis- charged, and he is not thereafter liable to imprisonment for the same cause of action. SOURCE: CCP § 1153.

Whenever a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent, or attorney must advance to the jailer, on such commitment, sufficient money for the support of the prisoner for one week, and must make the like adva…

All persons and association of persons, including corporations, performing labor upon or bestowing skill or other necessary services on, furnishing materials or leasing equipment to be used or consumed in or for a work of improvement of real property, except Public Works, shall h…

The liens provided for in this Chapter shall be direct liens, and shall be for the reasonable value of the labor, services, equipment, or materials furnished or for the price agreed upon by the claimant and the person with whom he or she contracted, whichever is less. The right t…

Such liens shall only attach to the interest in the real property of the owner of the improvement or for whose benefit the improvement was constructed; provided that in no event shall any owner’s interest be subject to a claim of lien based upon a work of improvement contracted f…

(a) Any claimant under the provisions of this Chapter, in order to enforce a lien, and: (1) within ninety (90) days after either, (A) completion of his contract on a work of improvement; or (B) after he has ceased for thirty (30) consecutive days to perform labor or furnish mater…

Notice of Completion means a written notice, signed and verified by the owner or his agent, containing all of the following: (a) The date of completion. The recital of an erroneous date of completion shall not, however, affect the validity of the notice if the true date of comple…

(a) Except one under direct contract with the owner or one performing actual labor for wages, every lien claimant shall, as a necessary prerequisite to the validity of any claim of lien, cause to be given to the owner or reputed owner, either personally or by certified mail with …

If any person disputes the correctness or validity of any claim of lien, he may record with the Department of Land Management, either before or after the commencement of any action to enforce such claim of lien, a bond executed by a corporation authorized to issue surety bonds in…

No lien provided for in this Chapter binds any property for a longer period of time than ninety (90) days after recording the claim of lien, unless within that time an action to foreclose the lien is commenced in the Superior Court. After commencement of an action to foreclose th…

All liens timely filed have equal priority. If a lien claimant obtains a judgment foreclosing a lien, all proceeds from the sale of the property subject to the lien shall be deposited into escrow with the Superior Court of Guam until the time for all other lien claimants to recor…

Personal Action or Issuance of a Writ of Attachment. Nothing contained in this Chapter affects the right of a claimant to maintain a personal action to recover a debt against the person liable therefor under other Guam law, either in a separate action or in the action to foreclos…

Mechanics’ Lien Actions. In all cases where a claim of lien is recorded for labor, services, equipment or materials furnished to any contractor, he shall defend any action brought thereon at his own expense, and during the pendency of any claim of lien the owner may withhold from…

(a) The effective date of this Act shall be sixty (60) days after it is enacted into law. (b) The 2008 Guam Mechanics’ Lien Law will apply to all works of improvement that commence after the effective date of this law. The prior Guam Mechanics’ Lien Law will no longer be applicab…

(a) The following acts or omissions are contempt of court: (1) Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding; (2) A breach of the peace, boisterous conduct, or v…

notice and hearing. (a) A contempt may be punished summarily if the judge certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. The order of contempt shall recite the facts and shall be signed by the ju…

If the contempt is omission to perform any act, the person may be imprisoned until performance. Notwithstanding § 34101(b) of this Chapter, when the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until …

When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages …

Confinement under arrest for contempt. Whenever, by the provisions of this Chapter, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend,…

The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive. SOURCE: CCP § 1222 NOTE: Part 3, Title V, of the Code of Civil Procedure, Eminent Domain, is found in Title 21 of this Code - dealing with matters involving real property. --------…

At any time after two years after the death of any decedent, leaving property to which the Government of Guam is entitled by reason of its having escheated to the Government of Guam, the Attorney General shall commence a proceeding on behalf of the Government of Guam in the court…

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

COL 03082011 The court, upon the information being filed, and upon application of the Attorney General, either before or after answer, upon notice to the party claiming the estate, if known, may upon sufficient cause therefor being shown, appoint a receiver to take charge of such…

All persons named in the information may appear and answer, and traverse or deny the facts stated therein at any time before the time for answering expires, and any other person claiming an interest in such estate may appear and be made a defendant, by motion, for that purpose, i…

Within five years after judgment in any proceeding had under this Chapter, a person not a party or privy to such proceeding may file a petition in the court having jurisdiction, showing his claim or right to the property, or the proceeds thereof. Said petition shall be verified a…

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

All moneys or other property distributed in the administration of an estate of a decedent and heretofore or hereafter deposited with the Treasurer of Guam or the Director of Administration, to the credit of a distributee, and any money remaining with the Treasurer of Guam on depo…