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INDEX
to 1974, Supplement, Code of Civil

Procedure, Territory of Guam

[References are to sections in this supplement which

have been added, amended or repealed by the
Tenth, Eleventh, and Twelfth Guam Legislatures.)

APPEALS

Appealable actions, $ 936.1
Appeals, $ 272
Powers of judges, $ 166
Supreme Court, $ 1381

When may be taken, § 963
CIVIL ARBITRATION,

$8 2110-2120
Agreements to arbitrate, $ 2110

enforcement, $ 2110
Appointment of arbitrator or

umpire, $ 2113
Award of arbitrators,

$$ 2116-2118
confirmation, $ 2116
jurisdiction, $ 2116
modification, $ 2118

notice, $ 2119
vacation of, $ 2117

notice, $ 2119
Failure to arbitrate, $ 2112
petition to court, $ 2112

hearing on, $ 2112
Motions, $ 2120
Proceedings begun by libel in

admiralty, $ 2115
Stay of proceedings when issue

referable, $ 2111
Witnesses, $ 2114

fees, $ 2114
COMMISSION, JUDICIAL

QUALIFICATION, $ 93 [Added.]
Procedure, $ 94

Rules and Regulations, $ 95
CORRECTIONAL FACILITIES,

see Youth Correctional
Facilities, this Index

COURTS OF JUSTICE

general, $ 51
temporary judge, assignment,

$ 136
EMINENT DOMAIN

jurisdiction, $ 1240
JUDICIAL COUNCIL
Appointment of counsel for

indigents, $ 123
Composition, $ 121

Rules of Procedure $ 123
JUDGES
Prohibition of political activity

by, $ 99
JUDGE, POLICE COURT
Appointment, tenure and salary,

$ 101 (Amended.]
Assignment of Island Court

judges to Police Court, $ 1011a)
Filling vacancy, $ 90 (Amended. |
JUROR, see Trial by Jury, infra
SUPERIOR COURT
Appellate jurisdiction, procedure,

$ 83
Appointment, tenure of judge, 81
Jurisdiction, original, $ 82
Pending cases, $ 89.1
Presiding judge, 8 85
Rules and writs, procedures, $ 84
Special court, $ 96

administration of oaths, $ 96(b)
composition of, § 96(a)
production of documents, $ 96(b)
removal for cause, $ 97
right to appeal, $ 98
rights of parties, $ 96(c)
subpoena of witnesses, $ 96(c)

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Index

de of Civil of Guam

testimony, taking of, $ 96(b) time and place for hearing,

$ 96(c) to conduct hearings, § 96(a) Term, expiration, notice, § 91

removal upon, § 92

Vacancy, filling of, $ 90 - upplement which SUPREME COURT

Annual Address by chief justice,

§ 68
Appeal to, $ 1381
Composition of, § 61
Personnel, appointment, $ 69
Pending appeals, $ 65
Powers on appeal, 8 63
Remedial powers, $ 949
Rules of procedure, $ 66

observance, 8 67
TRIAL BY JURY
Fees,

grand jury, $ 680.11
petit jury, $ 680.11

epealed by the im Legislatures.)

1974 SUPPLEMENT

Included in court costs, 8 1038(b)2
Qualifications for jury service,

680.5(b)
Random jury selection, 680.3(b),

680.3(c)
Right to, $ 680.1(b)
WRITS OF REVIEW,

hearing, $ 1108
YOUTH CORRECTIONAL

FACILITIES, $ 261
Juvenile Court,

direction supervision by, $ 261(a)

wards, $ 261(a) Juvenile Justice and Delinquency

Prevention Commission,

§ 261(c) duties, $ 261(d)

recommendations, $ 261(e) Rules promulgated by Judicial

Council, $ 261(b)

OF JUSTICE
§ 51
ary judge, assignment

, 36 T DOMAIN tion, $ 1240 L COUNCIL cment of counsel for igents, 123 ition, $ 121

Procedure & 123

tion of political activity 99 POLICE COURT ment, tenure and salan 01 (Amended) ment of Island Court ges to Police Court, $ 101:a vacancy, $ 90 (Amended see Trial by Jury, infra ORCOURT te jurisdiction, procedure

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ment, tenure of judge, 81 ction, original, $ 82 cases, $ 89.1 ng judge, I 85 ad writs, procedures, $ 84 court, $ 96 istration of oaths, & 96b sition of, I 96a) stion of documents, 96b) al for cause, $ 97 o appeal, $ 98 of parties, $ 96/c) ena of witnesses, 96c)

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Appendix CODE OF Civil PROCEDURE AND PROBATE CODE

APPENDIX D

Rules of Court, District Court of Guam

PART I

RULE 13. TRIAL CALENDAR

The Clerk shall maintain a trial calendar of all cases arising under the jurisdiction of this Court. Ordinarily the Court will set cases for trial to the Court on a day certain, to be determined at the time of the pre-trial conference. Cases for trial by jury will ordinarily be set for the first Monday of the month following that in which the pre-trial conference is held, unless otherwise ordered. Jury cases will appear on the calendar in the order in which they are set and it will be the responsibility of counsel to keep themselves informed and to be prepared to go to trial at the conclusion of the preceding case or when the jury retires to consider its verdict. In the event of a continuance of a case appearing on the jury trial calendar, unless otherwise ordered, the case so continued will lose its place on the calendar and will be reset after those cases which have been set previously. [Changed from text of bound volume.)

RULE 14. PRE-TRIAL CALENDAR

(a) Civil: The Clerk shall maintain a pre-trial calendar of all civil cases arising under the jurisdiction of the Court. At such time as a case is at issue, unless otherwise ordered, or unless there has been a stipulation approved by the Court to the contrary, the case shall be set for pre-trial conference on the next motion day after giving not less than five (5) days notice to counsel. At the pre-trial conference counsel shall furnish to the Court in proper typewritten form, a short statement of their evidence to be presented at the trial, together with the names of witnesses and a digest of the testimony to be given by such witnesses. The Court will prepare the pre-trial order for the approval of counsel, and the case shall be set for trial in accordance with the provisions of such order.

(b) Criminal: While no pre-trial calendar of criminal cases will be maintained, either counsel for the Government or counsel for the defendant may move the Court to conduct a pre-trial conference in advance of trial to discuss ways and means to shorten trial, stipulate as to testimony that a witness will give if called, agree upon non-standard jury instructions, and other

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matters which may become the subject of mutual agreement, without prejudicing the rights of any defendant. The Court will reduce any stipulations involving areas of agreement to writing for the approval of counsel. (Change from text of bound volume.)

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RULE 15. MOTIONS, MEMORANDA, ORAL
ARGUMENTS, AND NOTICES:

(1) All motions, unless made during a hearing or trial, shall be in writing.

(2) Upon any motion, the moving party shall serve and file with the motion papers, a memorandum setting forth the points and authorities relied upon in support of the motion and a proposed order setting forth the relief asked for.

(3) The opposing party shall, unless otherwise ordered by the Court, and except as otherwise provided by Rule 56 of the Federal Rules of Civil Procedure relating to summary judgments, have five (5) days after service within which to serve and file a responsive memorandum in opposition and a proposed order denying the motion.

(4) The moving party, unless otherwise ordered by the Court, shall have five (5) days after service of the responsive memorandum to file a reply memorandum if he so desires.

(5) A failure to file a brief or memorandum of points and authorities, in support of or in opposition to any motion, shall constitute a consent on the part of the party failing to file such brief or memorandum to the denial or granting of the motion.

(6) Unless otherwise ordered by the Court, every Friday will be motion day, at which time oral arguments on motions will be heard beginning at 9:30 a.m. The time of hearing on a particular motion shall be such so as to give each party sufficient time to comply with this rule and to allow the Court at least five (5) additional days prior to such hearing.

(7) If neither party desires oral argument, they should each file with the motion or response a notice to that effect; and the motion will be considered and decided without a hearing, unless otherwise ordered by the Court. (Rule 15 amended, effective December 1, 1972, pursuant to Title 48, U.S.C., $ 1424; Title 28, U.S.C., $ 2071; Rule 83, Federal Rules of Civil Procedure; and Rule 57, Federal Rules of Criminal Procedure.)

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RULE 16. COURT CALENDAR.

The Clerk will, not later than Monday of each week, distribute to all counsel of record and the Clerk of the Island Court of

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Appendix CODE OF Civil PROCEDURE AND PROBATE CODE

Guam, and put on the bulletin board in the Court, copies of the Court's calendar for the calendar week. (Change from text of bound volume.)

RULE 17. TRIAL MEMORANDA:

(1) Before every trial to Court, counsel for plaintiff shall file with the Court and serve on opposing counsel a memorandum of points and authorities relied upon at least thirty (30) days before the trial date.

(2) Counsel for the defendant shall file with the Court and serve on plaintiff's counsel an opposing memorandum of points and authorities within twenty (20) days after service of plaintiff's memorandum. (Rule 17 Amended, effective December 1, 1972, pursuant to Title 48, U.S.C., § 1424; Title 28, U.S.C., $ 2071; Rule 83, Federal Rules of Civil Procedure; and Rule 57, Federal Rules of Criminal Procedure.)

RULE 17.01. JURY INSTRUCTIONS:

Before every trial by jury, each party shall submit requested
jury instructions and requested jury verdict forms at least three
(3) days before the trial date. (Rule 17.01 Amended, effective
December 1, 1972, pursuant to Title 48, U.S.C., § 1424; Title 28,
U.S.C., $ 2071; Rule 83, Federal Rules of Civil Procedure; and
Rule 57, Federal Rules of Criminal Procedure.)
RULE 23. INTERROGATORIES AND REQUESTS FOR
ADMISSION:

(1) When filing and serving interrogatories and requests for admission, the propounding party shall serve upon the responding party a sufficient number of sets for each counsel plus one for the Court.

(2) The propounding party shall so prepare interrogatories and requests for admissions that the responding party can provide his response in an adequate blank space.

(3) The responding party shall complete all copies of the set served upon him, attach a verification, and file and serve the copies to the Court and other counsel.

(4) All responses to interrogatories and requests for admission which are not completed in accordance with Paragraphs (1), (2), and (3), above, shall restate the interrogatory or request for admission immediately before stating the response. [Rule 23 Amended, effective December 1, 1972, pursuant to Title 48, U.S.C., $ 1424; Title 28, U.S.C., $ 2071; Rule 83, Federal Rules of Civil Procedure; and Rule 57, Federal Rules of Criminal Procedure.]

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