GUAM RULES OF CIVIL PROCEDURE

1 guam RULES OF CIVIL PROCEDURE (Amended pursuant to PRM 06-006-16, effective July 29, 2014) COL1082014 COL1082014 guam RULES OF CIVIL PROCEDURE PREAMBLE The revised guam RULES of CIVIL PROCEDURE and Local RULES of the Superior Court of guam were adopted by the Supreme Court of guam in Promulgation order No. 06-006-01 on May 3, 2007 pursuant to its authority under 48 1424-1(a)(6). After the promulgation hearing on May 3, 2007, further meetings and forums were held and as a result minor adjustments in the RULES were made by the Subcommittee. On May 31, 2007 the final and complete guam RULES of CIVIL PROCEDURE and Local RULES of the Superior Court of guam were adopted by the Supreme Court of guam in Promulgation order No.

2 06-006-02 pursuant to its authority under 48 1424-1(a)(6). This Promulgation order repealed the pre-existing RULES of CIVIL PROCEDURE for the Superior Court of guam adopted by the Judicial Council of guam on November 28, 1989 and which went into effect on May 3, 1990 through legislative inaction and also repealed and reenacted the RULES of the Superior Court of guam as amended. These RULES as adopted by the Supreme Court of guam through this Promulgation order Number 06-006-02 apply to all actions, cases and proceedings brought after the RULES take effect pursuant to the terms of the Promulgation order and to all actions, cases and proceedings commenced prior to the effective date of June 1, 2007, except to the extent that application of the guam RULES of CIVIL PROCEDURE or the Local RULES of the Superior Court of guam to those pending actions, cases and proceedings would not be feasible, or would work injustice.

3 In which event the prior valid guam Rule of CIVIL PROCEDURE or Rule of the Superior Court of guam shall apply. The revised guam RULES of CIVIL PROCEDURE and Local RULES of the Superior Court of guam were drafted by the Supreme Court of guam Subcommittee on RULES of CIVIL PROCEDURE and RULES of Court Revisions. This Subcommittee was co-chaired by Associate Justice Robert J. Torres, Jr. and Judge Katherine A. Maraman and members included Judge Elizabeth Barrett-Anderson; Judge Arthur R. Barcinas; Joaquin C. Arriola, Esq.; Janalynn C. Damian, Esq.; B. Ann Keith, Esq.; John B. Maher, Esq.; Michael A. Pangelinan, Esq.

4 ; Traylor T. Mercer, Esq.; Richard A. Pipes, Esq.; Danielle T. Rosete, Esq.; Charles H. Troutman, III, Esq.; Randall Todd Thompson, Esq.; Elyze McDonald, Esq.,; Joseph C. Razzano, Esq.; Aaron Jackson, Esq.; and Richard Martinez, Clerk of Court, Superior Court of guam . The subcommittee reviewed the existing guam RULES of CIVIL PROCEDURE and proposed amendments based on the existing Federal RULES of CIVIL PROCEDURE and the CNMI RULES of CIVIL PROCEDURE . COL1082014 guam RULES OF CIVIL PROCEDURE i guam RULES OF CIVIL PROCEDURE TABLE OF RULES PART 1 SCOPE OF RULES ONE FORM OF ACTION RULE 1. Scope of RULES . 2. One Form of Action. PART 2 COMMENCEMENT OF ACTION 3.

5 Commencement of Action. 4. Summons. Service of Other Process. 5. Service and Filing of Pleadings and Other Papers. 6. Time. PART 3 PLEADINGS AND MOTIONS 7. Pleadings Allowed; Form of Motions. 8. General RULES of Pleading. 9. Pleading Special Matters. 10. Form of Pleadings. 11. Signing of Pleadings, Motions, and Other Papers; Sanctions. 12. Defenses and Objections When and How Presented By Pleading or Motion Motion for Judgment on the Pleadings. 13. Counterclaim and Cross-Claim. 14. Third Party Practice. 15. Amended and Supplemental Pleadings. 16. Pretrial Conferences; Scheduling; Management. PART 4 PARTIES 17.

6 Parties Plaintiff and Defendant; Capacity. 18. Joinder of Claims and Remedies. 19. Joinder of Persons Needed for Just Adjudication. 20. Permissive Joinder of Parties. 21. Misjoinder and Non-Joinder of Parties. 22. Interpleader. 23. Class Actions. Derivative Actions by Shareholders. Actions Relating to Unincorporated Associations. 24. Intervention. 25. Substitution of Parties. COL1082014 guam RULES OF CIVIL PROCEDURE ii PART 5 DEPOSITIONS AND DISCOVERY 26. General Provisions Governing Discovery; Duty of Disclosure. 27. Depositions Before Action or Pending Appeal. 28. Persons Before Whom Depositions may be Taken.

7 29. Stipulations Regarding Discovery PROCEDURE . 30. Depositions Upon Oral Examination. 31. Depositions Upon Written Questions. 32. Use of Depositions in Court Proceedings. 33. Interrogatories to Parties. 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes. 35. Physical and Mental Examinations of Persons. 36. Requests for Admission. 37. Failure to Make Disclosure or Cooperate in Discovery; Sanctions. PART 6 TRIALS 38. Jury Trial of Right. 39. Trial by Jury or by the Court. 40. Assignment of Cases for Trial. 41. Dismissal of Actions. 42. Consolidation; Separate Trials.

8 43. Taking of Testimony. 44. Proof of Official Record. Determination of Foreign Law. 45. Subpoena. 46. Exceptions Unnecessary. 47. Selection of Jurors. 48. Number of Jurors Participation in Verdict. 49. Special Verdicts and Interrogatories. 50. Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings. 51. Instructions to Jury; Objections; Preserving a Claim of Error. 52. Findings by the Court; Judgment on Partial Findings. 53. Masters. PART 7 JUDGMENT 54. Judgments; Costs. 55. Default. 56. Summary Judgment. 57. Declaratory Judgments. 58. Entry of Judgment.

9 59. New Trials; Amendment of Judgments. 60. Relief from Judgments or order . COL1082014 guam RULES OF CIVIL PROCEDURE iii 61. Harmless Error. 62. Stay of Proceedings to Enforce a Judgment. 63. Inability of a Judge to Proceed. PART 8 PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS 64. Seizure of Person or Property. 65. Injunctions. Security: Proceedings Against Sureties. 66. Receivers Appointed by the Courts. 67. Deposit in Court. 68. Offer of Judgment. 69. Execution and Garnishment. 70. Judgment for Specific Acts; Vesting Title. 71. Process in Behalf of and Against Persons not Parties.

10 71A. Condemnation of Property. 72. Vacant. 73. Vacant. 74. Vacant. 75. Vacant. 76. Vacant. 77. Courts and Clerks. 78. Motions. 79. Books and Records Kept by the Clerk and Entries Therein. 80. Stenographer; Stenographic Report or Transcript as Evidence. PART 9 GENERAL PROVISIONS 81. Applicability in General Vacant. 82. Jurisdiction Unaffected. 83. Vacant. 84. Forms. 85. Title. 86. Effective Date. 87. Vacant. 88. Vacant. 89. Vacant. 90. Fee Exemption for Government of guam . 91. Omitted. 92. Omitted. 93. Omitted. COL1082014 guam RULES OF CIVIL PROCEDURE iv APPENDIX OF FORMS FORM 1. Summons 2A.