GCA Title 7, Chapter 26
CH. 26 MISCELLANEOUS PROVISIONS
CHAPTER 26
MISCELLANEOUS PROVISIONS
Article 1. Proceedings Against Joint Debtors. Article 2. Offer to Compromise. Article 3. Inspection of Writings. Article 4. Motions and Orders. Article 5. Notices, Filing & Service of Papers. Article 6. Costs. Article 7. General Provisions. Article 8. Declaratory Relief.
ARTICLE 1 PROCEEDINGS AGAINST JOINT DEBTORS
§ 26101. When Parties Not Summoned in Action on Joint Contract may be Summoned After Judgment. § 26102. What Such Summons Must Contain. § 26103. Affidavit to Accompany Summons. § 26104. What Answer is to Contain. § 26105. What to Constitute Pleadings. § 26106. Issues, How Tried; Findings.
§ 26101. When Parties Not Summoned in Action on Joint Contract may be Summoned After Judgment.
When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in § 14107 of this Title, those who were not originally served with the summons, and did not appear in the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons. SOURCE: CCP § 989.
§ 26102. What Such Summons Must Contain.
The summons, as provided in the last section, must describe the judgment, and require the person summoned to show cause why he should not be bound by it, and must be served in the same manner, and returnable within the same time, as the original summons. It is not necessary to file a new complaint. SOURCE: CCP § 990.
§ 26103. Affidavit to Accompany Summons.
The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon. SOURCE: CCP § 991.
§ 26104. What Answer is to Contain.
Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existing at the commencement of the action. SOURCE: CCP § 992.
§ 26105. What to Constitute Pleadings.
If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he denies his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute such written allegations, subject to the right of the parties to amend their pleadings as in other cases. SOURCE: CCP § 993.
§ 26106. Issues, How Tried; Findings, What to be.
The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a finding be found against him, it must be for not exceeding the amount remaining unsatisfied on such original judgment, with interest thereon. SOURCE: CCP § 994.
ARTICLE 2 OFFER TO COMPROMISE
7 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS
§ 26201. Offer to Compromise.
The defendant may, at time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified. If the plaintiff accepts the offer, and gives notice thereof within five (5) days, he may file the offer, with proof of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence upon the trial; and if the plaintiff fails to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant’s costs from the time of the offer. SOURCE: CCP § 997. NOTE: See Rule 26 of the GRCP relative to compromises in class actions. See also 6 GCA, Evidence, § 408.
ARTICLE 3 INSPECTION OF WRITINGS
NOTE: CCP § 1000, which is the entire Article, has been superseded by Rule 34, and the other rules on Discovery, contained in the Guam Rules of Civil Procedure.
ARTICLE 4 MOTIONS AND ORDERS
NOTE: CCP § 1003, Order and Motion Defined, has been superseded by GRCP Rule 7 and so is not printed in here. CCP § 1005, Notice of Motion, what to be given, has been superseded by GRCP Rule 6, and so is not found here. The Guam CCP contained no § 1004.
§ 26401. Order for Payment of Money, How Enforced.
Whenever an order for the payment of a sum of money is made by a court, pursuant to the provisions of this Title, it may be enforced by an execution in the same manner as if it were a judgment. SOURCE: CCP § 1007.
ARTICLE 5 NOTICES, FILING & SERVICE
NOTE: CCP § 1010 through § 1013a have been superseded by Rules 5 and 6 of the Guam Rules of Civil Procedure, and, therefore, will not appear here. No § 1015 or § 1016 existed in the original CCP.
- § 26501. Appearance: Notices After Appearance.
- § 26502. Service by Telephone or Telegraph.
- § 26503. Service of Pleadings When Adultery is Charged.
§ 26501. Appearance: Notices After Appearance.
A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him. After appearance, a defendant or his attorney is entitled to notice of all subsequent proceedings of which notice is required to be given. But where a defendant has not appeared, service of notice or papers need not be made upon him unless he is imprisoned for want of bail. SOURCE: CCP § 1014. COMMENT: The Superior Court has ruled that this section has not been repealed or changed and, therefore, the California interpretation relative to special appearances is still in effect. Manley, et al. v. Fireman’s Fund Ins. Co., et al., Decision and Order dated 1/30/90. However, the federal courts have held that Rule 12(b) has, in effect, abolished special appearances because of its treatment of motions to dismiss for lack of jurisdiction, and for other reasons. Republic International Corp. v. Amco Engineers, Inc., 516 F.2d 161, 165 (9th Cir. 1975) citing Dragor Shipping Corp. v. Union Tank Car Co., 378 F.2d 241, 243 n.2 (9th Cir. 1967) and 2A, Moore, Federal Practice § 12.12. See also Solo Cup Co. v. Paper Machinery Corp., 359 F.2d 754, 758-9 (7th Cir. 1966) for the basis of this ruling. It is important to note that when the Legislature enacted § 2206 of this Title, permitting Rules of Procedure to supersede this Title, it copied 28 U.S.C. § 2072 in its material parts. Thus it appears to the Compiler that the federal, not California, intent was the Legislative intent when moving from the procedures of this Title to those of the Rules.
§ 26502. Service by Telephone or Telegraph.
Any summons, writ, or order in any civil suit or proceeding, and all other papers requiring service, may be transmitted by telephone or telegraph for service in any place, and the telephone or telegraphic copy of such writ,
7 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS
or order, or paper so transmitted, may be received or executed by the officer or person to whom it is sent for that purpose, and returned by him, if any return be requisite, in the same manner, and with the same force and effect in all respects as the original thereof might be if delivered by him, and the officer or person serving or executing the same has the same authority, and is subject to the same liabilities as if the copy were the original. SOURCE: CCP § 1017. NOTE: No § 1018 existed in the original CCP.
§ 26503. Service of Pleadings When Adultery is Charged.
When in an action for divorce, adultery is charged against either party, and the person with whom such adultery is alleged to have been committed by such party is named in any of the pleadings, a copy of such pleadings must be personally served on such named person; or in case such named person cannot be found, such notice of the action and of the connection of such person therewith shall be given as shall be ordered by the court; the said person so served shall have the right to appear and plead and be heard in such action in the same manner and to the same extent as the parties to the action. SOURCE: CCP § 1019.
ARTICLE 6 COSTS
- § 26612. Costs When Tender Made Before Suit. § 26613. Costs in Action by or Against an Administrator.
- § 26614. Costs on Review Other than by Appeal.
- § 26615. Affidavit Must be Filed with Costs.
- § 26616. Nonresident Plaintiff may be Required to Give Security for Costs.
- § 26617. Action may be Dismissed if Security is Not Given.
§ 26601. Compensation of Attorneys; Cost to Parties .
(a) In any action for damages for personal injury or death, whether based on tort or contract law, or otherwise, no attorney representing any party to such action shall contract for, or charge or collect on a contingent fee basis any fee for his services for such party in excess of the following limits: (1) Fifty percent (50%) on the first One Thousand Dollars (2,000.00) recovered; (3) Thirty-three and one-third percent (33 1/3%) on the next Forty-seven Thousand Dollars (50,000.00) recovered; (5) Ten percent (10%) on any amount recovered over One Hundred Thousand Dollars (50,000.00) shall not exceed twenty-five percent (25%). (b) No attorney shall enter into such contingent fee arrangement with his client without first advising the client of this right and affording the client an opportunity to retain the attorney under an arrangement whereby the attorney would be compensated on the basis of the reasonable value of his services. (c) Such contingent legal fee shall be computed on the net sum recovered by the client after deducting disbursements made in connection with the institution and prosecution of the client’s claim and litigation. (d) The contingent legal fee within the permissible maximum limits shall include legal services rendered on any appeal or review or on any retrial, but this shall not be deemed to require an attorney to take an appeal. (e) If, at the conclusion of any such action for damages, an attorney considers that the contingent fee within such maximum limits to be insufficient, he may apply to the court, with written notice to the client, for an increase in the fee, which the court after a hearing may grant in such amount, if any, as is deemed reasonable in all of the circumstances. (f) In all cases not included within the scope of subsection (a) of this section alone, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, expressed or implied, of the parties. (g) Parties to actions or proceedings are entitled to costs and disbursements, as hereinafter provided. SOURCE: CCP § 1021 repealed and reenacted by P.L. 13-116:2 (12/13/75). CROSS-REFERENCES: 7 GCA 9A, Article 2, as amended. This article contains the requirement for written retainers, in addition to other matters. See also Rule 1.5, Guam Rules of Professional Conduct [for Attorneys], 7 GCA Appendix.
§ 26602. When Allowed of Course to the Plaintiff.
Except as otherwise expressly provided in this Title costs are allowed of course to the plaintiff upon a judgment in his favor in the following cases:
- (a) In an action for the recovery of real property;
- (b) In an action to recover the possession of personal property;
- (c) In an action for the recovery of money or damages;
- (d) In a special proceedings;
- (e) In an action which involves the title or possession of real estate. SOURCE: CCP § 1022. An item (6) was added to this section by P.L. 17-29:11 and later repealed by P.L. 18-9:27. 2015 NOTE: Subsection designations were altered to adhere to the Compiler’s alphanumeric scheme pursuant to the authority granted by 1 GCA § 1606.
7 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS
§ 26603. Costs and attorney’s fees allowed to the Government of Guam employees in cases against the government of Guam .
Costs and reasonable attorney’s fees shall be allowed of course to a government of Guam employee upon a judgment in the employee’s favor in cases against the government of Guam in which the employee seeks to enforce plaintiff’s employment rights as a government employee, whether or not plaintiff has ceased to be an employee at the time of the filing of the action, upon a judgment in plaintiff’s favor, in which the court or jury funds that the employee has been deprived of his or her rights as an employee of the government of Guam. This Section shall be applicable to costs and attorney’s fees incurred in any action filed on or after January 1, 1983. SOURCE: CCP § 1022.1 added by P.L. 18-9:26 (7/23/85). CROSS-REFERENCES: See 5 GCA § 32109, relative to granting Attorney Fees and Costs in consumer actions. See 4 GCA § 4406.1, amended by P.L. 21-136:26 relative to costs for prevailing government employees in Civil Service actions and appeals therefrom.
§ 26603.1. Attorney’s Fees.
In any action or proceeding to enforce a provision of the Every Child is Entitled to an Adequate Public Education Act, the court, in its discretion, may allow the prevailing party reasonable attorney’s fee as part of the costs. SOURCE: Added by P.L. 28-045:18, effective, October 1, 2007, per P.L. 28-045:23.
§ 26604. Attorney’s Fees in Support Cases.
Attorney’s fees may be awarded in all domestic cases against any person who is found by the Superior Court of Guam to have willfully withheld and failed to pay child support or who is found to have wrongfully refused visitation to a noncustodial parent. SOURCE: CCP § 1022.2 added by P.L. 18-17:48 (10/5/85).
§ 26605. Several Actions Have the Costs of One.
When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties who might have been joined as defendants in the same action, no costs can be allowed to the plaintiff in more than one of such actions, which may b