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APPENDIX A

RULES OF CIVIL PROCEDURE FOR THE

ISLAND COURT OF GUAM

I. SCOPE OF RULES-ONE FORM OF ACTION

RULE 1. SCOPE OF RULES.

These rules govern the procedure in all suits of a civil nature of which the court has jurisdiction. They shall be construed to secure a just, speedy, and inexpensive determination of every action.

II. COMMENCEMENT OF ACTION.

RULE 2. ONE FORM OF ACTION

There shall be one form of action to be known as "Civil Action."

RULE 3. COMMENCEMENT OF ACTION

A civil action is commenced by filing a complaint with the court.

RULE 4. PROCESS

(a) SUMMONS-ISSUANCE. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it for service to the marshal or to a person specially appointed to serve it. Upon request of the plaintiff separate or additional summons shall issue against any defendants.

(b) SAME-FORM. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint.

(c) BY WHOM SERVED. Service of all process shall be made by the Island Court marshal, by his deputy, or by some person specially appointed by the court for that purpose, except that a subpoena may be served as provided in Rule 45. Special appointments to serve process shall be made freely when substantial savings in travel fees will result. (d) SUMMONS-PERSONAL SERVICE. The

summons and complaint shall be served together. The plaintiff shall furnish the person making the service with such copies as are necessary. Service shall be made as follows:

(1) Upon an individual other than an infant or an incompetent person, by delivering a copy of the summons and of the complaint to him personally, or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.

(2) Upon an infant under the age of 14 years, residing in Guam, to such minor, personally, and also to his father, mother, or guardian; or if there be none in Guam, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed.

(2a) Upon a person who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs and for whom a guardian has been appointed, to such person, and also to his guardian.

(3) Upon a domestic corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.

(3a) Upon a foreign corporation in accordance with $ 406 of the Civil Code.

(4) Upon the Government of Guam, by delivering a copy of the summons and of the complaint to the Attorney General of Guam, and in any action attacking the validity of an order of an officer or agency of the Government of Guam not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to such officer or agency.

(5) Upon an officer or agency of the Government of Guam, by serving the Attorney General and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation, the copy shall be delivered as provided in paragraph (3) of this subdivision

of this rule. (e) SAME-SERVICE UPON PARTY NOT INHABITANT OF, OR FOUND WITHIN THE TERRITORY. Whenever a statute or an order of court thereunder provides for service of a summons, or of notice, or of an order in lieu of summons upon a party not an inhabitant of, or found within the territory, service shall be by publication in a newspaper of general circulation for the prescribed time. Publications shall be proved by affidavit of an officer or agent of the publisher, stating the dates of publication with an attached copy of the order as published.

(f) RETURN. The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. If the service is made by a person other than the marshal or his deputy, he shall make affidavit thereof. Failure to make proof of service does not affect the validity of the service.

(g) AMENDMENT. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

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RULE 5. SERVICE AND FILING OF PLEADINGS AND

OTHER PAPERS (a) SERVICE-WHEN REQUIRED. Except otherwise provided in these rules, every order required by its terms to be served; every pleading subsequent to the original complaint, unless the court otherwise orders because of numerous defendants; every written motion other than one which may be heard ex parte; and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each of the parties. No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(b) SAME-HOW MADE. Whenever under these rules service is required or permitted to be made upon a party represented

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