GCA Title 7, Chapter 1
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 1 GENERAL PROVISIONS
INTRODUCTORY NOTE FOR TITLE 7 - JUDICIARY AND CIVIL PROCEDURE
2015 NOTE: The judicial branch of Guam was established on August 1, 1950 by the Organic Act of Guam, codified at 48 U.S.C. § 1424-1. The branch was reorganized pursuant to P.L. 12-085 (Jan. 16, 1974), known as the Court Reorganization Act, with appellate jurisdiction vested in a newly created the Supreme Court of Guam. However, after a legal challenge to P.L. 12-085, the Supreme Court of Guam was abolished when the U.S. Supreme Court determined that the Guam Legislature could not divest the District Court of Guam of appellate jurisdiction and transfer of appellate jurisdiction to Supreme Court of Guam. See Guam v. Olsen , 431 U.S. 195 (1977). Subsequent amendments to the Organic Act authorized the Guam Legislature to create an appellate court, and in 1985, legislation was drafted to create Chapters 1 through 10 of Title 7 of the Guam Code Annotated. This draft legislation was eventually enacted into law by P.L. 21-147:2 (Jan. 14, 1993), known as the Frank G. Lujan Memorial Court Reorganization Act of 1992. Although P.L. 21-147:2 expressly stated that it was adding Chapters 1 through 10 of Title 7, the law itself enacted only Chapters 1 through 9. The provisions in the draft version of Chapter 10 were enacted as uncodified provisions; specifically, Sections 1 through 7 of P.L. 21-147. Past print publications of the GCA included annotations from the 1985 draft legislation, which were not included in Bill 102, the draft legislation introduced to the 21st Guam Legislature that was eventually signed into law as P.L. 21147. These annotation s, designated ‘1985 Source’ and ‘1985 Comment,’ have been retained as they provide background information as to the source and legislative drafting history.
CHAPTER 1 GENERAL PROVISIONS
SOURCE: Entire chapter added by P.L. 21-147:2 (Jan. 14, 1993). 2024 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means ‘Governor of Guam’ and I Maga’håga/Maga’låhi means ‘Governor.’ Pursuant to 2 GCA § 1101, I Liheslaturan Guåhan/I Liheslatura means the ‘Guam Legislature/Legislature.’ 2015 NOTE: Annotations designated ’ 1985 Source’ and ‘1985 Comment’ refer to draft legislation, and have been retained to provide background information as to the source and legislative drafting history. See Introductory Note for Title 7 -Civil Procedure. Other annotations included in past publications of the GCA have been updated or deleted, after review for necessity and relevance.
§ 1101. Name of Title.
Title 7 of the Guam Code Annotated shall be known as Judiciary and Civil Procedure, shall consist of those portions of Title 7 enacted as positive law, together with the remainder of the Guam Code of Civil Procedure which has not been amended or repealed by either this Act or by the Rules of Court as authorized by § 66 and § 123 of said Code of Civil Procedure, as amended, prior to adoption of this Act. 1985 SOURCE : § 1, Code of Civil Procedure (CCP); modified. 1985 COMMENT: This Section is derived from the first section of the former Code of Civil Procedure, but modified to conform with the structure of this Title within the Guam Code Annotated. Further, because most of the Code of Civil Procedure will not be touched by this enactment, it is continued in force, but such continuation is only for those portions that remain after amendment by this Act. Prior law (Court Reorganization Act of 1974 and before) (§ 66 and § 123 of the CCP) authorized procedural Court Rules for civil cases even if they are in conflict with the CCP. A new Evidence Code (6 GCA) was enacted by the 15th Guam Legislature, repealing former Civil Procedure Code sections dealing with evidence. By the enactment of 8 GCA, Criminal Procedure, the court was prohibited from enacting Rules of Criminal Procedure which were in conflict with any criminal procedure law on the same subject.
§ 1101.1. Legislative Intent.
I Liheslaturan Guåhan intends herein to recognize and empower the Supreme Court of Guam as the highest Court of Guam with oversight over the Judicial Branch. SOURCE: Added by P.L. 27-031:2 (Oct. 31, 2003) as § 1100.01, renumbered by the Compiler pursuant to the authority of 1 GCA § 1606.
§ 1102. Retroactivity; Court for Taking Appeal.
(a) No part of this Title is retroactive. No action or proceeding commenced before this Title takes effect and no right accrued are affected by its provisions, but the procedure therein must conform to the requirements of this Title as far as applicable. (b) All court proceedings pending in any court of Guam, or in the Appellate Division of the District Court of Guam, shall continue to final judgment in such court. Appeals from decisions of the Superior Court of Guam (including from the Small Claims, Traffic and Family Divisions of the Superior Court) shall be taken to the Supreme Court of Guam and in the manner prescribed by the law affecting appeals in effect at the time the appeal is taken. 1985 SOURCE: (a) - CCP §§ 3 and 8. (b) - New. 1985 COMMENT: Since the Court Reorganization Act of 1984 creates a Supreme Court of Guam, and removes all jurisdiction from the Appellate Division of the District Court, it is necessary to state clearly what effect this law will have upon pending appeals and pending cases. The Omnibus Territories Act of 1984 states that the Supreme Court ‘must’ take all appeals from lower local courts after it is created. Therefore, if an appeal is taken after the Supreme Court becomes ready for business, it must be taken to the Supreme Court, even if the date of judgment in the lower court was prior to the opening of the Supreme Court.
§ 1103. Effective Dates.
(a) Delay. No provisions of this Act except § 6112, § 6113, § 6114 and § 6117, shall take effect until May 1, 1993. [Sections] 6112, 6113, 6114 and 6117 shall take effect upon enactment of this Act. (b) Organization. For purposes of adoption of rules and the establishment of a staffing pattern for the Judicial Branch, this Division, and the remaining portions of Title 7 enacted in this Act shall take effect on May 1, 1993. (c) Appointment of Justices and Judges. For the purpose of the appointment of Justices and Judges, this Division shall go into effect upon approval by I Liheslatura of the Rules, as provided in paragraph (d), infra .
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 1 GENERAL PROVISIONS
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 1 GENERAL PROVISIONS
(d) Adoption of rules of court. Within thirty (30) days after May 1, 1993, the Chief Justice of the Supreme Court of Guam shall appoint a commission (the Rules Commission) to draft proposed new rules and procedures to govern the operation of the Judicial Branch as reorganized by this Act (the Rules). The Rules Commission shall consist of thirteen (13) members, of whom six (6) shall be sitting Judges of the Superior Court, four (4) shall be attorneys admitted to practice in Guam and members of the Guam Bar Association, and three (3) shall be lay persons who are residents of Guam, citizens of the United States, and of good reputation. At its first sitting, the Rules Commission shall elect a chairperson from among its members, and shall adopt a schedule of public hearings and meetings during which the Rules shall be considered and recommended for adoption. The Superior Court shall furnish personnel and other logistic support to the Rules Commission, which, in addition to the Rules, shall consider and make recommendations on the staffing pattern of the Judicial Branch as reorganized by this Act. When the Rules Commission has concluded its studies and has agreed upon the proposed Rules and staffing pattern, it shall submit the same to the Judicial Council, which shall in turn submit them to I Liheslatura , without any changes therein, although it may make recommendations to I Liheslatura thereon. The Rules Commission shall cease to exist thirty (30) days after its submission to the Judicial Council. I Liheslatura , without the forty-five-day limitation of the Administrative Law (the AAL), may, by statute, approve such Rules and staffing pattern or modify them as it deems fit. After the effective date of the Rules and staffing pattern, I Maga’håga/Maga’låh i shall appoint the Justices and Judges authorized by this Act. Upon the due appointment and confirmation of such Justices and Judges, the Justices, sitting en banc , shall review the Rules and staffing pattern, and may approve or modify the same, which Rules and staffing pattern of the Supreme Court as so adopted by the Justices shall be deemed proposed rules and regulations adopted by an autonomous agency of the government of Guam pursuant to the Administrative Adjudication Law and shall therefore be transmitted to I Liheslatura which shall consider them in the manner and under the time limitations as set out in the Administrative Adjudication Law. (e) Hearing appeals. For purposes of hearing appeals and matters within the original jurisdiction of the Supreme Court of Guam, this Title shall take effect upon certification by the Chief Justice to I Maga’håga/Maga’låh i , to the Judge of the District Court of Guam, and to I Liheslatura , that the Supreme Court of Guam is fully ready to accept the jurisdiction conferred upon it. (f) Other matters. Any portions of this Act not dealing with matters covered by subsections (a), (b), (c), (d) or (e) of this § 1103 shall take effect at the same time as is provided in paragraph (e), supra . SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993) Subsection (d) amended by P.L. 23-034:3 (June 28, 1995). 2024 NOTE: References to ‘Governor’ replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. References to the ‘Legislature’ replaced with I Liheslatura pursuant to 2 GCA § 1101. 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Organic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004), references to ‘Presiding Judge’ have been changed to ‘Chief Justice of the Supreme Court of Guam.’ See 48 U.S.C. § 1424-1(b)(2).
§ 1104. Limitations.
When a limitation or period of time prescribed in any existing law for acquiring a right or barring a remedy, or for any other purpose, had begun to run before this Title goes into effect, the time of which has already run shall be deemed part of the time prescribed for such limitation by this Title. 1985 SOURCE: CCP § 9.
§ 1105. Judicial Remedies Defined.
Judicial remedies are such as are administered by the courts of justice or by judicial officers empowered for that purpose by I Maga’hågan/Maga’låhen Guåhan . 1985 SOURCE: CCP § 20.
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 1 GENERAL PROVISIONS
2024 NOTE: Reference to ‘Governor of Guam’ replaced with I Maga’hågan/Maga’låhen Guåhan pursuant to 5 GCA § 1510.
§ 1106. Division of Actions.
Actions are of two kinds: civil actions and criminal actions.
§ 1107. One Form of Action.
There is one form of civil action to be called civil action. Civil actions may be divided by Rule of Court into such categories as are found necessary or convenient for the efficient administration of justice. 1985 SOURCE: Compare Rule 2 FRCP; § 21 CCP. 1985 COMMENT: This Section follows the pattern of the Federal Rules in creating only one form of action, named a ‘civil action’. All forms of civil action, as opposed to criminal actions, are so denominated with any special classification, such as ‘special proceedings’ to be used as matters of convenience only. The Code of Civil Procedure substantively creates ‘actions’ and ‘special proceedings’. This division is deemed unnecessary as a substantive matter.
§ 1108. Same: Obligations and Injuries.
A civil action arises out of either an obligation or an injury. 1985 SOURCE: CCP § 25. 2015 NOTE: Subsection designations were removed to adhere to the Compiler’s general codification scheme pursuant to the authority granted by 1 GCA § 1605.
§ 1109. Obligation Defined.
An obligation is a legal duty by which one person is bound to do a certain thing and arises from a contract or by operation of law. 1985 SOURCE: CCP § 26. 2015 NOTE : Subsection designations were removed to adhere to the Compiler’s general codification scheme pursuant to the authority granted by 1 GCA § 1605.
§ 1110. Division of Injury.
- (a) An injury is either an injury to the person or to property.
- (b) An injury to property consists of depriving its owner of the benefit of it which is done by taking, withholding, deteriorating or destroying it. 1985 SOURCE: CCP § 27 and § 28. 2015 NOTE: Subsection (b) formerly codified as CCP § 28. Codified by Compiler to this section pursuant to authority granted by 1 GCA § 1605.
§ 1111. Injuries to the Person.
Every other injury is an injury to the person. 1985 SOURCE: CCP § 29.
§ 1112. Criminal Action.
Title 9, Crimes and Corrections and Title 8, Criminal Procedure, both of the Guam Code Annotated, define and provide for the prosecution of criminal actions. 1985 SOURCE: CCP § 31.
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 1 GENERAL PROVISIONS
§ 1113. Civil and Criminal Remedies Not Merged.
When the violation of a right admits of both civil and criminal remedy, the right to prosecute the one is not merged in the other. 1985 SOURCE: CCP § 32.
§ 1114. Civil Actions, by Whom Prosecuted.
A civil action is prosecuted by one party against another for the enforcement or protection of a right, or the redress or prevention of a wrong, except that I Maga’hågan/Maga’låhen or I Liheslatura may bring an action pursuant to § 4104 of this Title in the Supreme Court of Guam for a determination of the law, as provided in § 4104. 1985 SOURCE: CCP § 30, as modified. 2024 NOTE: Reference to ‘Governor’ replaced with I Maga’hågan/Maga’låhen pursuant to 5 GCA § 1510. Reference to the ‘Legislature’ replaced with I Liheslatura pursuant to 2 GCA § 1101
§ 1115. Repealer.
[Sections] 1 through 203, inclusive, of the Code of Civil Procedure are repealed. 1985 SOURCE: New section - Repeals those parts of the former Code of Civil Procedure which are replaced by this Act.
| § 1101. | Name of Title. |
|---|---|
| § 1101.1. | Legislative Intent. |
| § 1102. | Retroactivity; Court for Taking Appeal. |
| § 1103. | Effective Dates. |
| § 1104. | Limitations. |
| § 1105. | Judicial Remedies Defined. |
| § 1106. | Division of Actions. |
| § 1107. | One Form of Action. |
| § 1108. | Same: Obligations and Injuries. |
| § 1109. | Obligation Defined. |
| § 1110. | Division of Injury. |
| § 1111. | Injuries to the Person. |
| § 1112. | Criminal Action. |
| § 1113. | Civil and Criminal Remedies Not Merged. |
| § 1114. | Civil Actions, by Whom Prosecuted. |
| § 1115. | Repealer. |