INDEX to 1974, Supplement, Code of Civil [References are to sections in this supplement which APPEALS Appealable actions, § 936.1 Powers of judges, § 166 Supreme Court, § 1381 When may be taken, § 963 $$ 2110-2120 Agreements to arbitrate, § 2110 enforcement, § 2110 Appointment of arbitrator or umpire, § 2113 Award of arbitrators, $$ 2116-2118 confirmation, § 2116 jurisdiction, § 2116 modification, § 2118 notice, § 2119 notice, § 2119 Failure to arbitrate, § 2112 Proceedings begun by libel in Stay of proceedings when issue Witnesses, § 2114 fees, § 2114 COMMISSION, JUDICIAL QUALIFICATION, § 93 [Added.] Procedure, § 94 Rules and Regulations, § 95 see Youth Correctional COURTS OF JUSTICE temporary judge, assignment, EMINENT DOMAIN jurisdiction, § 1240 Appointment of counsel for indigents, § 123 Composition, § 121 Rules of Procedure § 123 Prohibition of political activity JUDGE, POLICE COURT judges to Police Court, § 101(a) Appellate jurisdiction, procedure, Appointment, tenure of judge, § 81 Rules and writs, procedures, § 84 administration of oaths, § 96(b) production of documents, § 96(b) subpoena of witnesses, § 96(c) 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 38 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.] RULE 15. MOTIONS, MEMORANDA, ORAL (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.] 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 39 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 (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.] 40 |