Title 6 — Guam Rules of Evidence
10 chapters · 147 sections in this title.
6 GCA § 2101 Division 1 to Control
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Except for § 8207 and for Chapter 9 of this Division, if there is a conflict between this Division and Division 1, then Division 1 shall control. SOURCE: New Section. Compare CCP § 66.1. COMMENT: When the Legislature passed P.L. 15-115:8, it intended that the primary law of Evide…
6 GCA § 2102 Definition of Evidence
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Judicial Evidence is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. SOURCE: CCP § 1823. COMMENT: This Section, and those following in this Chapter, contain definitions and provisions which are used in the Guam Rules…
6 GCA § 2103 Definition of Proof
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Proof is the effect of evidence, the establishment of a fact by evidence. SOURCE: CCP § 1824.
6 GCA § 2104 Definition of Law of Evidence
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The Law of Evidence, which is the subject of this Title, is a collection of rules established by law: 1. For declaring what is to be taken as true without proof; 2. For declaring the presumptions of law, both those which are disputable and those which are conclusive; 3. For the p…
6 GCA § 2105 Degree of Certainty Required to Establish Facts
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The law does not require demonstration, that is, such a degree of proof as, excluding possibility of error, produces absolute certainty; because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced m…
6 GCA § 2106 Kinds of Evidence Specified
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COL120106 There are four kinds of evidence: 1. The knowledge of the court, that is, knowledge of which judicial notice is taken; 2. The testimony of witnesses; 3. Writings; 4. Other material objects presented to the senses. SOURCE: CCP § 1827, as modified. COMMENT: The modificati…
6 GCA § 2107 Primary Evidence
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Primary Evidence is that kind of evidence which, under every possible circumstance, affords the greatest certainty of the fact in question. Thus, a written instrument is itself the best possible evidence of its existence and contents. SOURCE: CCP § 1829.
6 GCA § 2108 Secondary Evidence
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Secondary Evidence is that which is inferior to primary. Thus, a copy of an instrument or oral evidence of its contents is secondary evidence of the instrument and contents, provided that the copy is not introduced as an original as allowed by 1003 of this Title. SOURCE: CCP § 18…
6 GCA § 2109 Direct Evidence
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Direct Evidence is that which proves a fact in dispute, directly, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. For example, if the fact in dispute be an agreement, the evidence of a witness who was present and witnessed th…
6 GCA § 2110 Indirect Evidence
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COL120106 Indirect Evidence is that which tends to establish the fact in dispute by proving another, and which though true, does not of itself conclusively establish that fact, but which affords an inference or presumption of its existence. For example, a witness proves an admiss…
6 GCA § 2111 Prima Facie Evidence
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Prima Facie Evidence is that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. For example, the certificate of a recording officer is prima facie evidence of a record, but it may afterwards be rejected upon proof that there is n…
6 GCA § 2112 Partial Evidence Defined
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Partial Evidence is that which goes to establish a detached fact in a series of facts tending to prove the fact in dispute. It may be received, subject to being rejected as incompetent unless connected with the fact in dispute by proof of other facts. For example, on an issue of …
6 GCA § 2113 Indispensable Evidence
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Indispensable Evidence is that without which a particular fact cannot be proved. SOURCE: CCP § 1836.
6 GCA § 2114 Conclusive Evidence Defined
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Conclusive or unanswerable evidence is that which the law does not permit to be contradicted. For example, the record of a court of competent jurisdiction cannot be contradicted by the parties to it. SOURCE: CCP § 1837. COL120106 CROSS-REFERENCE: See Div. 1 § 902 for a descriptio…
6 GCA § 2115 Cumulative Evidence
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Cumulative Evidence is additional evidence of the same character to the same point. SOURCE: CCP § 1838. CROSS-REFERENCE: Div. 1 § 403 - Admission or exclusion of cumulative evidence.
6 GCA § 2116 Corroborative Evidence
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Corroborative Evidence is additional evidence of a different character to the same point. SOURCE: CCP § 1839. CROSS-REFERENCE: Div. 1 § 804(b)(3) - instances requiring corroboration. See, also, § 8206 of this Division 2 for the law respecting corroboration in certain matters of s…
6 GCA § 2117 Trial of Questions of Fact
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All questions of fact, on trial before a jury, judge, referee or other officer are to be decided by the jury, judge, referee or other officer, and all evidence thereon is to be addressed to them. SOURCE: CCP § 2101, as modified. COMMENT: The modification of this Section reflects …
6 GCA § 2118 Questions of Law Addressed to the Court
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All questions of law in both criminal and civil proceedings, including the admissibility of testimony, the facts preliminary to such admission, and the construction of laws and other writings, and other rules of evidence, are to be decided by the court, and all discussion of law …
6 GCA § 2501 One Witness Sufficient
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The direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact, except in those instances specifically provided for in Title 8, Chapter 95 of this Code (Criminal Procedure). SOURCE: CCP §§ 1844, as modified. COMMENT: Chapter 95 of Title 8 (C…
6 GCA § 2502 Testimony to be in Presence of Persons Affected
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COL120106 A witness can be heard only in the presence and subject to the exam- ination of all the parties, if they choose to attend and examine. SOURCE: CCP § 1846. CROSS-REFERENCES: See § 804.1 of this Chapter relative to child witnesses and their protection.
6 GCA § 2503 Witness Presumed to Speak the Truth
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A witness is presumed to speak the truth. This presumption, however, may be contradicted by the manner in which he testifies, by the character of his testimony, or by the evidence affecting his character for truth, honesty or integrity, or his motives, or by contradictory evidenc…
6 GCA § 2504 Rights of One Not Affected by Another
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The rights of a party cannot be prejudiced by the declaration, act or omission of another, except by virtue of a particular relation between them; therefore, proceedings against one cannot affect the another. SOURCE: CCP § 1848. CROSS-REFERENCE: Jury Instructions for Interpretati…
6 GCA § 2505 Declarations of Predecessor in Title Evidence
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Where, however, one derives title to real property from another, the declaration, act or omission of the latter, while holding the title, in relation to the property, is evidence against the former. SOURCE: CCP § 1849.
6 GCA § 2506 Declarations Which Are a Part of the Transaction
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Where, also, the declaration, act or omission forms a part of a transaction, which is itself the fact in dispute or evidence of that fact, such declaration, act or omission is evidence, as part of the transaction. SOURCE: CCP § 1850. COL120106 CROSS-REFERENCE: See Div. 1 §§ 803-8…
6 GCA § 2507 Evidence Relating to Third Persons
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And where the question in dispute between the parties is the obligation or duty of a third person, whatever would be the evidence for or against such person is prima facie evidence between the parties. SOURCE: CCP § 1851.
6 GCA § 2508 Declaration of Decedent Evidence in Pedigree
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The declaration, act or omission of a member of a family who is a decedent or out of the jurisdiction, is also admissible as evidence of common reputation, in cases where, on questions of pedigree, such reputation is admissible. SOURCE: CCP § 1852. CROSS-REFERENCE: See Div. 1 § 8…
6 GCA § 2509 Declaration of Decedent Evidence Against His Successor in
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Interest. The declaration, act or omission of a decedent, having sufficient knowledge of the subject, against his pecuniary interest, is also admissible as evidence to that extent against his successor in interest. SOURCE: CCP § 1853.
6 GCA § 2510 Proof of Contents of Lost Public Records
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When, in any action, it is desired to prove the contents of any public record or document lost or destroyed by conflagration or other public calamity and, after such proof of such loss or destruction, there is offered in proof of such contents: (a) Any abstract of title made and …
6 GCA § 2511 An Agreement Reduced to Writing Deemed the Whole
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When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other t…
6 GCA § 2512 Construction of Language Relates to Place Where Used
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The language of a writing is to be interpreted according to the meaning it bears in the place of its execution, unless the parties have reference to a different place. SOURCE: CCP § 1857.
6 GCA § 2513 Construction of Laws and Instruments; General Rule
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In the construction of a law or instrument, the office of the judge or jury, as the case may be, is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted, and where there are seve…
6 GCA § 2514 The Intention of the Parties
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In the construction of an instrument, the intention of the parties is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it. S…
6 GCA § 2515 The Circumstances to be Considered
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For the proper construction of an instrument, the circumstances under which it is made, including the situation of the subject of the instrument and of the parties to it, may also be shown so that the judge or jury be placed in the position of those whose language he is or they a…
6 GCA § 2516 Terms to be Considered in Their General Acceptation
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The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible that they have a local, technical or otherwise particular significance, and where so used and understood in the particular instance, in which ca…
6 GCA § 2517 Written Words Control Printed Words in Blank Forms
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When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter. SOURCE: CCP § 1862. CROSS-REFERENCE. 13 GCA § 1205 (UCC), Course of Dealing and Usage of Trade. See also 13 GCA § 3118 (UCC) relative to…
6 GCA § 2518 Persons Skilled May Testify to Decipher Characters
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When the characters in which an instrument is written are difficult to decipher, or the language of the instrument is not understood by the court, the evidence of persons skilled in deciphering the characters or who understand the language, is admissible to declare the characters…
6 GCA § 2519 Of Two Constructions, Which Preferred
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When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood, and when different constructions of a provision are otherwise equally proper, that is to…
6 GCA § 2520 Written Instrument Construed as Understood by the Parties
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A written instrument, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, must be h…
6 GCA § 2521 Construction of Natural Right Preferred
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COL120106 When a law or instrument is equally susceptible of two interpretations, one in favor of a natural right, and the other against it, the former is to be adopted. SOURCE: CCP § 1866.
6 GCA § 2522 Material Allegation Only to be Proved
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None but a material allegation need be proved. SOURCE: CCP § 1867.
6 GCA § 2523 Affirmative Only to be Proved
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Evidence need not be given in support of a negative allegation, except when such negative allegation is an essential of the statement of the right or title on which the cause of action or defense is founded, nor even in such case when the allegation is a denial of the existence o…
6 GCA § 2524 Material Objects
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Whenever an object, cognizable by the senses, has such a relation to the facts in dispute as to afford reasonable grounds for belief respecting them, or to make an item in the sum of evidence, such object may be exhibited to the judge or jury or its existence, situation or charac…
6 GCA § 3101 Persons Who Cannot Testify
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A person is disqualified to be a witness if he is: 1. Incapable of expressing himself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or 2. Incapable of understanding the duty of a witness to tell the truth. S…
6 GCA § 3102 Confidential Communications
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There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate. Therefore, a person cannot be examined as a witness as to matters which are privileged. The general classes of privilege are stated in 503 of Division 1 of th…
6 GCA § 3103 Subpoenaed Witnesses Bound to Attend
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A witness, served with a subpoena, must attend at the time appointed, with any papers under his control lawfully required by the subpoena and answer pertinent and legal questions, and, unless sooner discharged, must remain until the testimony is closed. SOURCE: CCP § 2064.
6 GCA § 3104 Witnesses Bound to Answer Questions
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A witness must answer questions legal and pertinent to the matter in issue, though his answer may establish a claim against himself, but he need not give an answer which will have a tendency to subject him to punishment for a crime, nor need he give an answer which will have a di…
6 GCA § 3105 Right of Witnesses to Protection
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It is the right of a witness to be protected from irrelevant, improper or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal and pertinent to the issue. SOURCE: CCP…
6 GCA § 3106 Witnesses Protected From Arrest
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Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other COL120106 person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil acti…
6 GCA § 3107 Arrest Void and Arresting Party Liable
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The arrest of a witness, contrary to the preceding Section, is void, and, when wilfully made, is a contempt of the court, and the person making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him, and is also liable to …
6 GCA § 3108 Affidavit Required If Arrested
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An officer is not liable to a party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claims the exemption, and makes an affidavit stating: 1. That he has been served with a subpoena to…