Title 7 — Judiciary and Civil Procedure

Title 7 of the Guam Code Annotated shall be known as Judiciary and Civil Procedure, shall consist of those portions of Title 7 enacted as positive law, together with the remainder of the Guam Code of Civil Procedure which has not been amended or repealed by either this Act or by …

I Liheslaturan Guåhan intends herein to recognize and empower the Supreme Court of Guam as the highest Court of Guam with oversight over the Judicial Branch. SOURCE: Added by P.L. 27-031:2 (Oct. 31, 2003) as § 1100.01, renumbered by the Compiler pursuant to the authority of 1 GCA…

(a) No part of this Title is retroactive. No action or proceeding commenced before this Title takes effect and no right accrued are affected by its provisions, but the procedure therein must conform to the requirements of this Title as far as applicable. (b) All court proceedings…

(a) Delay. No provisions of this Act except § 6112, § 6113, § 6114 and § 6117, shall take effect until May 1, 1993. [Sections] 6112, 6113, 6114 and 6117 shall take effect upon enactment of this Act. (b) Organization. For purposes of adoption of rules and the establishment of a st…

When a limitation or period of time prescribed in any existing law for acquiring a right or barring a remedy, or for any other purpose, had begun to run before this Title goes into effect, the time of which has already run shall be deemed part of the time prescribed for such limi…

Judicial remedies are such as are administered by the courts of justice or by judicial officers empowered for that purpose by I Maga’hågan/Maga’låhen Guåhan. 1985 SOURCE: CCP § 20. COL 2025-08-27 2024 NOTE: Reference to “Governor of Guam” replaced with I Maga’hågan/Maga’låhen Guå…

Actions are of two kinds: civil actions and criminal actions.

There is one form of civil action to be called civil action. Civil actions may be divided by Rule of Court into such categories as are found necessary or convenient for the efficient administration of justice. 1985 SOURCE: Compare Rule 2 FRCP; § 21 CCP. 1985 COMMENT: This Section…

A civil action arises out of either an obligation or an injury. 1985 SOURCE: CCP § 25. 2015 NOTE: Subsection designations were removed to adhere to the Compiler’s general codification scheme pursuant to the authority granted by 1 GCA § 1605.

An obligation is a legal duty by which one person is bound to do a certain thing and arises from a contract or by operation of law. 1985 SOURCE: CCP § 26. 2015 NOTE: Subsection designations were removed to adhere to the Compiler’s general codification scheme pursuant to the autho…

(a) An injury is either an injury to the person or to property. (b) An injury to property consists of depriving its owner of the benefit of it which is done by taking, withholding, deteriorating or destroying it. 1985 SOURCE: CCP § 27 and § 28. 2015 NOTE: Subsection (b) formerly …

Every other injury is an injury to the person. 1985 SOURCE: CCP § 29.

Title 9, Crimes and Corrections and Title 8, Criminal Procedure, both of the Guam Code Annotated, define and provide for the prosecution of criminal actions. 1985 SOURCE: CCP § 31. COL 2025-08-27

When the violation of a right admits of both civil and criminal remedy, the right to prosecute the one is not merged in the other. 1985 SOURCE: CCP § 32.

A civil action is prosecuted by one party against another for the enforcement or protection of a right, or the redress or prevention of a wrong, except that I Maga’hågan/Maga’låhen or I Liheslatura may bring an action pursuant to § 4104 of this Title in the Supreme Court of Guam …

[Sections] 1 through 203, inclusive, of the Code of Civil Procedure are repealed. 1985 SOURCE: New section - Repeals those parts of the former Code of Civil Procedure which are replaced by this Act. ---------- COL 2025-08-27

(a) The Courts of justice of Guam shall consist of the Supreme Court of Guam and the Superior Court of Guam. The Supreme Court of Guam shall be the highest Court of Guam and shall have supervisory, but not administrative authority over the Superior Court of Guam and all other loc…

(a) The Judicial Council shall administer the operations of the Supreme Court and Superior Court and shall promulgate rules, regulation and policy governing personnel, procurement, finance and travel for the Judicial Branch. The Judicial Council shall adopt a unified pay schedule…

The Unified Judiciary of Guam is authorized to fund any operational shortfall from any fund sources under its control, excluding funds held in trust. Transfers from the Judicial Building Fund must be consistent with the covenants and provisions of the loan documents between the U…

Notwithstanding any other provision of law, the allotted but unexpended balance of funds appropriated to the Unified Judiciary of Guam each fiscal year shall not lapse and shall continue to be available until fully expended. SOURCE: Added by P.L. 38-060:IV:11 (Sept. 29, 2025). --…

The judicial power of Guam shall be vested in a Supreme Court and a court of general jurisdiction designated the Superior Court. CROSS REFERENCE: See Organic Act of Guam, 48 U.S.C. § 1424-1.

The Supreme Court of Guam shall be the highest court of Guam. COL 2025-08-27 2025 NOTE: In past publications, the following annotation was designated as a “Source”; however, it appears to be a comment from the Compiler of Laws. SOURCE: Not in original proposal. Added to later bil…

(a) The Supreme Court of Guam is established pursuant to 22A of the Organic Act of Guam and has such original and appellate jurisdiction as is prescribed by the Organic Act of Guam and by this Title. The Supreme Court shall consist of three (3) full-time Justices who shall be app…

(a) In hearings and determining the merits of cases before it, the Supreme Court shall sit in a three- Justice panel. (b) Decisions Concerning Procedural Matters. As provided by the Court's Rules, the Supreme Court or any other court with appellate jurisdiction may appropriately …

The Superior Court shall have original jurisdiction over all causes of action, and, except for those causes exclusively vested in the Supreme Court, may have appellate jurisdiction as may be provided by I Liheslatura. 2025 NOTE: Reference to the “Legislature” replaced with I Lihe…

(a) Until a specific salary is set for the Justices by another statute, the annual salary of the Chief Justice shall be Three Thousand Dollars ($3,000) higher than the annual salary of the Presiding Judge of the Superior Court, and the annual salary of each of the full-time Assoc…

(a) Annually, prior to October 1, the Judicial Council may, with reference to Title 7 GCA, Chapter 4, § 4101 (e), adjust the annual compensation of the Judges of the Superior Court, including the Presiding Judge and the Justices of the Supreme Court, for the next fiscal year by a…

(a) In addition to the increase in compensation provided by enactment of 7 GCA § 3106.1, the annual rate of compensation of judges of the Superior Court shall be adjusted as follows: (1) the annual rate of compensation of judges, except the Presiding Judge, shall increase by Four…

(a) Jurisdiction. The Supreme Court shall have authority to review all justiciable controversies and proceedings, regardless of subject matter or amount involved. (b) Additional Authority. Its authority also includes jurisdiction of original proceedings for mandamus, prohibition,…

(a) Final Judgment. Appellate review to the Supreme Court shall be available only upon the rendition of final judgment in the Superior Court from which appeal or application for review is taken. (b) Interlocutory review. Orders other than final judgments shall be available to imm…

(a) I Maga’hågan/Maga’låhen Guåhan, with the advice and consent of I Liheslaturan Guåhan, shall appoint a qualified person to each of the positions of Justice created by this Title; and subject to the advice and consent of I Liheslaturan Guåhan, appoint a qualified person to any …

[Repealed.] 1985 SOURCE: CCP § 68 (P.L. 12-85). Repealed by P.L. 25-03:IV:16.

All actions and proceedings arising under the laws of Guam pending in the District Court, Appellate Division, prior to the effective date of this Chapter shall be prosecuted to final determination in that court as though this Chapter had not been enacted. All appeals pending befo…

There is hereby established within the government of Guam an Office of Public Guardian (Office). The Public Guardian of the Office is the head of the Office. The Chief Justice shall appoint the Public Guardian, who shall serve at the Chief Justice’s pleasure. (a) Powers and Dutie…

(a) The Superior Court of Guam is a court of general jurisdiction in Guam, having original jurisdiction as prescribed by this Title and in other laws of Guam which are not within the exclusive jurisdiction of the COL 2025-08-27 Supreme Court of Guam or the District Court of Guam.…

The Superior Court shall have appellate jurisdiction in all cases tried and determined in the: (a) Traffic Division wherein the amount of the fine levied is more than One Hundred Fifty Dollars ($150). Such an appeal shall be taken within five (5) court days after the judgment is …

The Presiding Judge of the Superior Court shall prescribe the order of business and randomly assign the cases to the Judges, Referees, and Hearing Officers of the Court in conformance with rules and regulations promulgated by the Supreme Court. During the Presiding Judge’s tempor…

I Maga’håga/Maga’låhen Guåhan, in writing, or I Liheslaturan Guåhan, by resolution, may request declaratory judgments from the Supreme Court of Guam as to the interpretation of any law, federal or local, lying within the jurisdiction of the courts of Guam to decide, and upon any …

Any judge of the Superior Court of Guam may certify a question of law to the Supreme Court of Guam for its opinion as to the interpretation of any law, federal or local, lying within the jurisdiction of the courts of Guam to decide, and arising in a case or proceeding then pendin…

This Article may be cited as the Small Claims Court Act. A Small Claims Division is created within the Superior Court of Guam on the following terms and conditions. COL 2025-08-27

Any person having a claim of $10,000 or less may apply for relief through the Small Claim Division. Counterclaims or cross-claims may also be filed for up to $10,000. If a bona fide counterclaim or cross- claim is in excess of $10,000, the matter shall be handled as a regular civ…

Any person against whom a claim is filed in the Small Claims Division may apply to the court for transfer of the matter out of the Small Claims Division to the Superior Court of Guam to be handled as a regular civil or other case. The court may grant such a motion only upon a sho…

The filing fee for filing a complaint or counterclaim or cross-claim in small claims cases shall be 1 percent of the amount claimed for the first $1,000, and 2 percent for all amounts thereafter; provided, that the total filing fee does not exceed the cost of filing a civil case …

Small claims cases may be heard by any Judge of the Superior Court of Guam. However, the Chief Justice of the Supreme Court of Guam may nominate one (1) or more Small Claims Referees from among the members of the Guam Bar Association, with the approval of the Judicial Council. Re…

The Judicial Council shall develop forms and rules and regulations for the Small Claims Division, which shall not permit jury trials in small claims cases; shall provide for expedited handling of small claims cases and the collection of small claims judgments without the need tha…

The Small Claims Division may hear rent and landlord-tenant disputes and may, with or without bond, enjoin the eviction of the tenant pending the outcome of any bona fide rent dispute or landlord-tenant dispute, and may, as a part of its final order, make appropriate orders of ev…

In April of each year commencing with 1990, the Judicial Council shall consider adjustment of the jurisdictional limits for the Small Claims Division, and may adjust upwards the jurisdiction limits of the amount of claims allowed in the Small Claims Division based upon increases …

There is within the Judicial Branch the Alternate Dispute Resolution Office under the direction of the Chief Justice and the Judicial Council. SOURCE: CCP § 205 as added by P.L. 19-005:129 (Aug. 21, 1987). 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Organic Act of G…

The Office shall facilitate dispute resolution without litigation. It shall provide training and services for mediation, conciliation, arbitration and other means of settling conflicts or disputes among residents of Guam. SOURCE: CCP § 206 as added by P.L. 19-005:129 (Aug. 21, 19…

(a) The Chief Justice of the Supreme Court of Guam may appoint such magistrates as are necessary for the proper administration of justice. A magistrate shall be appointed as follows: (1) Upon request by the Chief Justice, the Guam Bar Association will solicit interest for the pos…