GCA Title 7, Chapter 20
7 GCA CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
CHAPTER 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
- Article 1. Arrest & Bail.
- Article 2. Claim & Delivery of Personal Property.
- Article 3. Injunctions.
- Article 4. Attachment.
- Article 5. Receivers.
- Article 6. Deposit in Court.
ARTICLE 1 ARREST AND BAIL
- § 20101. Limits on Arrest.
- § 20102. Arrest of Defendant, When.
- § 20103. Order of Arrest, by Whom Made.
- § 20104. Affidavit for Order of Arrest.
- § 20105. Security Thereon.
- § 20106. Order, When Made, and Its Form.
- § 20107. To Whom Affidavit and Order Must be Delivered.
- § 20108. Arrest, How Made.
- § 20109. Defendant to be Discharged on Bail or Deposit.
- § 20110. Bail, How Given.
- § 20111. Surrender of Defendant.
- § 20112. Surrender by Bail.
- § 20113. Bail, How Proceeded Against.
- § 20114. Bail, How Exonerated.
- § 20115. Delivery of Undertaking to the Superior Court.
- § 20116. Qualifications of Bail.
- § 20117. Justification of Bail.
- § 20118. Allowance of Bail.
- § 20119. Deposit of Money with Chief of Police.
- § 20120. Payment of Money into Court by Chief of Police.
- § 29121. Substituting Bail for Deposit.
- § 20122. Money Deposited, How Applied or Disposed of.
- § 20123. Vacation of Order of Arrest.
- § 20124. When the Order Vacated or Bail Reduced.
- § 20125. When Judge is to Assess Damages to the Defendant.
- § 20101. Limits on Arrest.
7 GCA CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
No person can be arrested in a civil action, except as prescribed in this Title. SOURCE: CCP § 478.
§ 20102. Arrest of Defendant, When.
The defendant may be arrested, as hereinafter prescribed, in the following cases:
- In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from Guam with intent to defraud his creditors.
- In an action for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, in the course of his employment as such, or by any other person in a fiduciary capacity.
- In an action to recover the possession of a personal property unjustly detained when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the Chief of Police.
- When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or in concealing or disposing of the property for the taking, detention, or conversion of which the action is brought.
- When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. SOURCE: CCP § 479.
§ 20103. Order of Arrest, by Whom Made.
An order for the arrest of the defendant must be obtained from a judge of the court having jurisdiction. SOURCE: CCP § 480.
§ 20104. Affidavit for Order of Arrest.
The order may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in § 20102. The affidavit must be positive and not merely upon information and belief. If an order of arrest be made, the affidavit must be filed with the clerk of the court. SOURCE: CCP § 481.
§ 20105. Security Thereon.
7 GCA CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
Before making the order, the judge must require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the judge, which must be at least five hundred dollars ($500.00), to the effect that the plaintiff will pay all costs which may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the same be wrongful, or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking must be filed with the clerk of the court. SOURCE: CCP § 482.
§ 20106. Order, When Made, and Its Form.
The order may be made at the time of the issuing of the summons, or at any time afterwards before judgment. It must require the Director of Public Safety forthwith to arrest him and hold him to bail in a specified sum, and to return the order at a time therein mentioned, to the clerk of court. SOURCE: CCP § 483.
§ 20107. To Whom Affidavit and Order Must be Delivered.
The order of arrest, with a copy of the affidavit upon which it is made, must be delivered to the Chief of Police, who, upon arresting the defendant, must deliver to him a copy of the affidavit, and also, if desired, a copy of the order of arrest. SOURCE: CCP § 484.
§ 20108. Arrest, How Made.
The Chief of Police must execute the order by arresting the defendant and keeping him in custody until discharged by law. SOURCE: CCP § 485.
§ 20109. Defendant to be Discharged on Bail or Deposit.
The defendant, at any time before execution, must be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the order of arrest. SOURCE: CCP § 486.
§ 20110. Bail, How Given.
The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant will at all times render himself amenable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein, or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action.
7 GCA CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
SOURCE: CCP § 487.
§ 20111. Surrender of Defendant.
At any time before judgment, or within ten (10) days thereafter, the bail may surrender the defendant in their exoneration; or he may surrender himself to the Chief of Police. SOURCE: CCP § 488.
§ 20112. Surrender by Bail.
For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may themselves arrest or, by a written authority endorsed on a certified copy of the undertaking, may empower the Chief of Police to do so. Upon the arrest of defendant by the Chief of Police, or upon his delivery to the Chief of Police by the bail, or upon his own surrender, the bail are exonerated, if such arrest, delivery, or surrender take place before the expiration of ten (10) days after judgment; but if such arrest, delivery, or surrender be not made within ten (10) days after judgment, the bail are finally charged on their undertaking, and bound to pay the amount of the judgment within ten (10) days thereafter. SOURCE: CCP § 489.
§ 20113. Bail, How Proceeded Against.
If the bail neglect or refuse to pay the judgment within ten (10) days after they are finally charged, an action may be commenced against such bail for the amount of the original judgment. SOURCE: CCP § 490.
§ 20114. Bail, How Exonerated.
The bail are exonerated by the death of the defendant or his imprisonment in a territorial prison or by his legal discharge from the obligation to render himself amenable to the process. SOURCE: CCP § 491.
§ 20115. Delivery of Undertaking to the Superior Court.
Within the time limited for that purpose, Chief of Police must file the order of arrest in the office of the clerk of the court in which the action is pending, with his return endorsed thereon, together with the undertaking of the bail. SOURCE: CCP § 492. NOTE: CCP § 493 was omitted in the original code.
§ 20116. Qualifications of Bail.
7 GCA CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
The qualifications of bail are as follows:
- Each of them must be a resident and householder or freeholder within the Territory of Guam.
- Each must be worth the amount specified in the order of the arrest or the amount to which the order is reduced, as provided in this Chapter, over and above all his debts and liabilities, exclusive of property exempt from execution; but the judge or clerk, on justification, may allow more than two sureties to justify severally in amounts less than that expressed in the order if the whole justification be equivalent to that of two sufficient bail. SOURCE: CCP § 494.
§ 20117. Justification of Bail.
For the purpose of justification, each of the bail must attend before the judge, at the time and place mentioned in the notice, and may be examined on oath touching his sufficiency, in such manner as the judge, in his discretion, may think proper. SOURCE: CCP § 495.
§ 20118. Allowance of Bail.
If the judge finds the bail sufficient, he must endorse his allowance thereon, and cause it to be filed. SOURCE: CCP § 496.
§ 20119. Deposit of Money with Chief of Police.
The defendant may, at the time of his arrest, instead of giving bail, deposit with the Chief of Police the amount mentioned in the order. In case the amount of the bail be reduced, as provided in this Article, the defendant may deposit such amount instead of giving bail. In either case the Chief of Police must give the defendant a certificate of the deposit made, and the defendant must be discharged from custody. SOURCE: CCP § 497.
§ 20120. Payment of Money into Court by Chief of Police.
The Chief of Police must immediately after the deposit pay the same into court and take from the clerk receiving the same two certificates of such payment, one of which he shall de-liver to the plaintiff’s attorney, and the other to the defendant. SOURCE: CCP § 498.
7 GCA CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
§ 20121. Substituting Bail for Deposit.
If money is de-posited, as provided in the last two sections, bail may be given at any time before judgment; and on the filing of the undertaking with the clerk, the money deposited must be refunded to the defendant. SOURCE: CCP § 499.
§ 20122. Money Deposited, How Applied or Disposed of.
Where money has been deposited, if it remains on deposit at the time of the recovery of a judgment in favor of the plaintiff, the clerk must, under the direction of the court, apply the same in satisfaction thereof; and after satisfying the judgment, refund the surplus, if any, to the defendant. If the judgment is in favor of the defendant, the clerk must, under like direction of the court, refund to him the whole sum deposited and remaining unapplied. SOURCE: CCP § 500. NOTE: Sections 501 and 502 were omitted in the original Code.
§ 20123. Vacation of Order of Arrest.
A defendant arrested may, at any time before the trial of the action, or if there be no trial, before the entry of judgment, apply to the judge who made the order, or the court in which the action is pending, upon reasonable notice, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made. SOURCE: CCP § 503.
§ 20124. When the Order Vacated or Bail Reduced.
If, upon such application, it appears that there was not sufficient cause for the arrest, the order must he vacated; or if it appears that the bail was fixed too high, the amount must be reduced. SOURCE: CCP § 504.
§ 20125. When Judge is to Assess Damages to the Defendant.
If the judgment is in favor of the defendant and it appears that the arrest was wrongful or without sufficient cause, the plaintiff, upon order of the court, and in addition to the payment of all costs which may be adjudged to the defendant shall indemnify the defendant for all damages he may sustain by reason of such arrest but such damages shall not be less than one hundred dollars ($100.00). SOURCE: CCP § 505.1
7 GCA CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
ARTICLE 2 CLAIM AND DELIVERY OF PERSONAL PROPERTY
- § 20201. Delivery of Personal Property, When it May be Claimed.
- § 20202. Affidavit and Its Requisites.
- § 20203. Requisition to Marshal to Take and Deliver the Property.
- § 20204. Security on the Part of the Plaintiff, and Proceedings in Serving the Order.
- § 20205. Exception to Sureties: Justification.
- § 20206. Defendant, When Entitled to Redelivery.
- § 20207. Defendant’s Sureties Must Justify.
- § 20208. Qualification of Sureties.
- § 20209. Property, How Taken When Concealed in Building or Enclosure.
- § 20210. Property, How Kept.
- § 20211. Claim of Property by Third Person.
- § 20212. Notice and Affidavit, When and Where to be Filed.
- § 20213. Protection of Plaintiff in Possession of Property.
- § 20201. Delivery of Personal Property, When it May be Claimed. The plaintiff in an action to recover the possession of personal property mayat the time of issuing the summons, or at any time before answer, claim the delivery of such property to him as provided in this Article. SOURCE: CCP § 509.
§ 20202. Affidavit and Its Requisites.
Where a delivery is claimed, an affidavit must be made by theplaintiff, or by someone is his behalf, showing:
- That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof;
- That the property is wrongfully detained by the defendant;
- The alleged cause of the detention thereof, according to his best knowledge, information, and belief;
- That it has not been taken for a tax, assessment, or fine, pursuant to law; or seized, under an execution or an attachment against the property of the plaintiff; or, if so seized, that it is by law exempt from such seizure;
7 GCA CIVIL PROCEDURE CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
- The actual value of the property. SOURCE: CCP § 510.
§ 20203. Requisition to Marshal to Take and Deliver the Property.
The plaintiff or his attorney may obtain from the judge of the court having jurisdiction, by an endorsement in writing upon the affidavit, an order requiring the marshal to take the property from the defendant, provided an undertaking is executed as is provided in the following section. SOURCE: CCP § 511; amended by P.L. 4-89 (7/17/58).
§ 20204. Security on the Part of the Plaintiff, and Proceedings in Serving the Order.
Upon a receipt of the affidavit and notice, with a written undertaking, executed by two or more sufficient sureties, approved by the court, to the effect that they are bound to the defendant in double the value of the property as stated in the affidavit for the prosecution of the action, for the return of the property to the defendants, if return thereof be adjudged, and for the payment to him of such sum as may from any caus