RULE 24. CUSTODY AND DISPOSITION OF EXHIBITS: (1) All exhibits admitted or offered in evidence shall be held in the custody of the Clerk; but unless there be some special reason why the originals should be retained, the Court will, upon stipulation or application, and in the absence of any objection, order them to be returned to the party to whom they belong if a copy thereof, certified by the Clerk, be filed in place of the originals.

(2) Upon the filing of a stipulation waiving and abandoning the right to an appeal and to a rehearing or new trial, or upon expiration of the time for an appeal, or upon final disposition of the case after an appeal, any party shall, unless the Court has otherwise ordered, be entitled to an order that any such exhibits be returned to the party or person to whom they belong, without the necessity of filing any copies thereof.

(3) If exhibits are not withdrawn within thirty (30) days after the time for taking an appeal has expired, or a case has been dismissed, or otherwise disposed of upon stipulation, and after the parties have been notified and failed to respond, the Clerk shall, on order of the Court, destroy them or make such other disposition as the Court may direct.

(4) Exhibits marked but not offered may be withdrawn on stipulation or by order of the Court. [Rule 24 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 25. CONDUCT IN COURTROOM:

(1) All forms, means and manner of taking photographs, tape recordings, broadcasting or televising are prohibited in the courtroom and environs thereto, during the course of, or in connection with, any judicial proceedings whether the Court is actually in session or not.

(2) This rule is not intended to prohibit recordings by a Court Reporter where such recordings are for use as a Court record only. [Rule 25 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 26. DUTY OF COUNSEL TO INFORM COURT
OF SETTLEMENT:

When a case set for trial is settled out of Court, it shall be the duty of counsel to inform the Clerk and the Court immedi

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Appendix CODE OF CIVIL PROCEDURE AND PROBATE CODE

ately. In the case of a civil jury trial, where notice is not given in writing to the Clerk three (3) days before the trial is set to begin, that the case has been settled or otherwise disposed of, the Court may require the payment of jury fees for one (1) day by the party or parties responsible for the failure to give notice. [Rule 26 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.]

The following Rules of Appeal for the District Court were effective June 1, 1962, and supersede the "Appeals" part appearing in the bound volume.

PART II
Appeals

RULE 1. EFFECTIVE DATE AND AUTHORITY

The following rules as approved by the Judicial Council shall become effective as of the first day of June, 1962. All previous rules shall be ineffective as of that date except as to pending appeals. The rules governing procedures on appeal are promulgated pursuant to §§ 66 and 67 of the Code of Civil Procedure of Guam and § 22 of the Organic Act of Guam, 48, U.S.C. 1424.

RULE 2. APPEAL TO THE DISTRICT COURT

(a) When and How Taken. When an appeal is permitted by law from the Island Court to the District Court, the time within which a notice of appeal may be filed shall be fifteen (15) days from the entry of the judgment appealed from, except that in any action in which the government of Guam or an officer or an agency thereof is an appellant, the time as to all parties shall be thirty (30) days from such entry. The running of the time for appeal is terminated by a timely motion in the Island Court to amend or make additional findings of fact, granting or denying a motion to alter or amend a judgment, or a motion for a new trial.

(b) Notice of Appeal. A notice of appeal, in duplicate, shall specify the parties taking the appeal and the judgment or part thereof appealed from and by paying to the Clerk of the Island Court the sum of twenty dollars ($20.00). The Clerk of the

Island Court shall notify adverse parties that a notice of appeal has been filed. The duplicate notice of appeal shall be immediately forwarded by the Clerk of the Island Court to the Clerk of the District Court.

(c) Proceedings in Island Court. Only one fee shall be collected by the Clerk of the Island Court, and upon its receipt the Clerk of the Island Court shall prepare the record which shall consist of pleadings, judgment and other papers essential for consideration of the appeal. If a court reporter has taken the testimony in the Island Court, the appellant shall, coincident with the filing of the notice of appeal, order from the court reporter that portion of the transcript required for appeal purposes, and the appellee or cross-appellant shall order such additional portions as he shall require for purposes of appeal. With the permission of the Island Court, an appellant may proceed on the same basis as if a court reporter had not been present, but if the testimony or other pleadings have not been taken by a court reporter or a court reporter is not available to prepare a transcript, the appellant shall prepare a digest of the testimony given, or the parties may enter into a statement of facts which, when approved by the trial judge, shall constitute part of the record on appeal when filed with the Clerk of the Island Court. The necessary transcript shall be filed with the Clerk of the Island Court and shall constitute a necessary part of the record on appeal. If any failure to prepare the record in the Island Court is due to mistake, inadvertence, or lack of time by employees of the Court, the Clerk of the Island Court shall file a certification that additional time is necessary, not to exceed seventy-five (75) days from the date of the notice of appeal. A copy of such certification shall be furnished to the Clerk of the District Court.

(d) Bond on Appeal. No cost bond on appeal shall be required unless the trial judge shall order the filing of such a bond. Unless execution is to issue, a supersedeas bond, or bail bond, shall be filed in the Island Court. The bond on appeal shall have sufficient surety and shall be conditioned to secure the payment of the judgment and costs if the appeal is dismissed or the judgment affirmed in whole or in part and shall be approved by the trial judge. The surety on such bond submits himself to the jurisdiction of the Island Court and irrevocably appoints the Clerk of that Court as his agent upon whom any papers affecting his liability on the bond may be served. His liability may be enforced on motion without the necessity of an independent action.

Appendix CODE OF CIVIL PROCEDURE AND PROBATE CODE

RULE 3. DOCKETING AND RECORD ON APPEAL

The record on appeal shall be filed with the Clerk of the District Court and shall be docketed upon the payment of the fee of five dollars ($5.00) within forty (40) days from the date of the filing of the notice of appeal. The Clerk of the District Court shall record the receipt of the duplicate notice of appeal, and if the case is not docketed within the prescribed time, the Clerk of the District Court shall certify to the Clerk of the Island Court that the appeal has not been docketed and shall return the record if received, with his certification to the Clerk of the Island Court. The District Court shall be without jurisdiction in the premises unless the failure to docket the appeal in the District Court is not that of the appellant. Parties interested jointly severally, or otherwise in a judgment may join in an appeal therefrom; or any one or more of them may appeal separately, or any two (2) or more of them may join in an appeal. When an appeal is permitted in forma pauperis by the Island Court, no docket fee shall be charged by the District Court. On appeal the names of the parties litigant shall appear as in the Island Court.

RULE 4. BRIEFS

(a) Time and Form. Counsel for the appellant shall file with the Clerk of the District Court an original and two (2) copies of a typewritten brief and serve upon counsel for the appellee one copy thereof within twenty (20) days after the record on appeal has been received and the docket fee paid in the District Court. The original and a copy shall be flat, unfolded, legal-size, double-spaced, on suitable bond and bound at the top.

(b) Contents. The brief shall contain, in order here stated: (1) A concise abstract or statement of the case, presenting succinctly the questions involved and the manner in which they are raised.

(2) A concise argument of the case, exhibiting a clear statement of the points of law or facts to be discussed and the authorities relied upon in support of each point.

(3) Counsel for appellee shall file with the Clerk an original and two (2) copies of a typewritten brief and serve upon counsel for the appellant one copy thereof within fifteen (15) days after receipt of the appellant's brief. His brief shall be in like form with that required of the appellant and shall consist of argument, with no statement of the case, unless that presented by the appellant is controverted.

(4) Counsel for the appellant may serve and file within ten (10) days after receipt of a copy of appellee's brief an original and two (2) copies of a reply brief.

(5) When the brief for appellant is not filed as required by these rules, the Clerk of the District Court shall give notice to counsel for both parties that the appeal will be subject to dismissal on the next motion day. If the appellees shall fail to file a timely brief the appeal shall be considered at issue.

RULE 5. APPELLATE DIVISION OF THE
DISTRICT COURT

The Appellate Division of the District Court shall consist of three (3) judges, two (2) of whom shall constitute a quorum. The presiding judge shall have authority to dismiss an appeal for failure to comply with these rules after an appeal has been docketed. The parties may waive oral argument on appeal and consent that the appeal shall be determined on the basis of the record and briefs, in which event the presiding judge shall conduct a conference in the nature of a pre-trial conference for the purpose of limiting the questions to be determined and clarifying the points at issue. His order, when approved by counsel, shall be made a part of the record.

RULE 6. OPINIONS AND SUBSEQUENT PROCEEDINGS The original opinions of the Court shall be filed with the Clerk of the District Court for Preservation and when so filed, the same shall be deemed to be recorded. A petition for rehearing may be presented within fifteen (15) days after judgment. Such petition shall be typewritten and succinctly state its grounds. When a case is finally determined, the District Court shall issue its mandate to the Island Court for the purpose of informing such court and for such further proceedings in the Island Court as may be required. The mandate shall issue at the expiration of twenty (20) days from the date of final determination, or five (5) days after the determination of a petition for rehearing.