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Procedure, Territory of Guam
[References are to sections in this supplement which
have been added, amended or repealed by the
Appealable actions, $ 936.1
When may be taken, § 963
enforcement, $ 2110
umpire, $ 2113
notice, $ 2119
notice, $ 2119
hearing on, $ 2112
admiralty, $ 2115
referable, $ 2111
fees, $ 2114
QUALIFICATION, $ 93 [Added.]
Rules and Regulations, $ 95
see Youth Correctional
COURTS OF JUSTICE
general, $ 51
jurisdiction, $ 1240
indigents, $ 123
Rules of Procedure $ 123
by, $ 99
$ 101 (Amended.]
judges to Police Court, $ 1011a)
administration of oaths, $ 96(b)
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,
observance, 8 67
grand jury, $ 680.11
epealed by the im Legislatures.)
Included in court costs, 8 1038(b)2
hearing, $ 1108
FACILITIES, $ 261
direction supervision by, $ 261(a)
wards, $ 261(a) Juvenile Justice and Delinquency
§ 261(c) duties, $ 261(d)
recommendations, $ 261(e) Rules promulgated by Judicial
Council, $ 261(b)
, 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
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)
Appendix CODE OF Civil PROCEDURE AND PROBATE CODE
Rules of Court, District Court of Guam
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
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
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
(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.]