Chapter 1

COL1201066GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.1GENERAL PRINCIPLES 1DIVISION 2 PRINCI PLES OF EVIDENCE CHAPTER 1 GENERAL PRINCIPLES § 2101. Division 1 to Control. § 2102. Definition of Evidence. § 2103. Definition of Proof. § 2104. Definition of Law of Evidence. § 2105. Degree of Certainty Required to Establish Facts. § 2106. Kinds of Evidence Specified . § 2107. Primary Evidence. § 2108. Secondary Evidence. § 2109. Direct Evidence. § 2110. Indirect Evidence. § 2111. Prima Facie Evidence. § 2112. Partial Evidence Defined. § 2113. Indispensable Evidence. § 2114. Conclusive Evidence Defined. § 2115. Cumulative Evidence. § 2116. Corroborative Evidence. § 2117. Trial of Questions of Fact. § 2118. Questions of Law Addressed to the Court. § 2101. Division 1 to Control. Except for § 82 07 and for Chapter 9 of this Division, if there is a conflict between this Division and Division 1, then Division 1 shall control. SOURCE: New Section. Compare CCP § 66.1. COMMENT :When the Legislature passed P .L. 15 -115:8, it intended that the primary law of Evidence on Guam be the Guam Rules of Evi dence, which are found unchanged in Division 1 of this Tit le.

6.1. COMMENT :When the Legislature passed P .L. 15 -115:8, it intended that the primary law of Evidence on Guam be the Guam Rules of Evi dence, which are found unchanged in Division 1 of this Tit le. In enacting the Guam Rules of Evidence, the Legislature also re pealed all of the remain der of Guam's Evidence laws which were in conflict with the new Rules. The Law Revision Commission has taken the remainder of that law -Part IV of the Code of Ci vil Pro cedure except for the Civil Arbitration Act -and has attempted to remove all of those provisions which were in conflict with the new Rules and to modify other parts of the former Code of Civil Procedure -Evidence in order to bring them into confo rmity with the Rules. However, the Commission is not perfect and it cannot forecast all of the circum stances the courts will be called upon to interpret. Therefore, while the Commission believes that there are no conflicts in this Division 2, it wants to make clear that, if the courts do find any conflicts, then the Guam Rules of Evidence will prevail. COL1201066GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.1GENERAL PRINCIPLES 2§ 2102. Definition of Evidence.

ear that, if the courts do find any conflicts, then the Guam Rules of Evidence will prevail. COL1201066GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.1GENERAL PRINCIPLES 2§ 2102. Definition of Evidence. Judicial Evidence is the means, sanctioned by law , of ascertaining in a judicial p roceed ing the truth respecting a question of fact. SOURCE: CCP § 1823. COMMENT :This Section, and those following in this Chapter, contain definitions and provisions which are used in the Guam Rules of Evidence and in this Division. However, no definit ion of terms and general provisions are found in the Rules (Division 1) and, therefore, are in cluded here having been modified to insure compat - ibility with the Rules. § 2103. Definition of Proof. Proof is the effect of evi dence, the establishment of a fact by evidence. SOURCE: CCP § 1824. § 2104. Definition of Law of Evidence. The Law of Evi dence, which is the subject of this Title, is a col lection of rules estab lished by law: 1. For declaring what is to be taken as true with out proof; 2. For declaring the presumptions of law , both those which are disputable and those which are conclusive; 3. For the production of legal evidence; 4.

ring what is to be taken as true with out proof; 2. For declaring the presumptions of law , both those which are disputable and those which are conclusive; 3. For the production of legal evidence; 4. For the exclusion of whatever is not legal; and 5. For determining, in certain cases, the value and effect of evidence. SOURCE: CCP § 1825. COMMENT :The word general has been removed from the first clause because the Rules of Evidence, as enacted by this Title, are far more than just a ' collection of general rules,' but are a col lection of both general rules and some very particular rules. § 2105. Degree of Certainty Required to Establish Facts. The law does not require demonstration, that is, such a degree of proof as, excluding possibility of error, produces absolute certainty; because such proof is rarely possible. Moral certainty only is re quired, or that degree of proof which produces conviction in an unpre judiced mind. SOURCE: CCP § 1826. CROSS -REFERENCE: Compare 8 GCA § 90.23 for the Criminal Standard of Proof Beyond a Reasonable Doubt . § 2106. Kinds of Evidence Specified .COL1201066GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.1GENERAL PRINCIPLES 3There are four kinds of

for the Criminal Standard of Proof Beyond a Reasonable Doubt . § 2106. Kinds of Evidence Specified .COL1201066GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.1GENERAL PRINCIPLES 3There are four kinds of evidence: 1. The know ledge of the court, that is, knowledge of which judicial notice is taken; 2. The testimony of witnesses; 3. Writings; 4. Other material objects presented to the senses. SOURCE: CCP § 1827, as modified. COMMENT :The modification here is an expansion upon th e first type of evidence, i.e., the knowledge of the court. § 201 of Di vision 1 describes the means by which judicial notice is taken. See Article 10 of Division 1 for a definition of 'writings.' See Article 6 of Division 1 for Rules pertaining to testimo ny of wit nesses. § 2107. Primary Evidence. Primary Evidence is that kind of evidence which, under every possible circumstance, affords the greatest certainty of the fact in question. Thus, a written instrument is itself the best possible evi dence of its existence and contents. SOURCE: CCP § 1829. § 2108. Secondary Evidence. Secondary Evidence is that which is inferior to primary .

us, a written instrument is itself the best possible evi dence of its existence and contents. SOURCE: CCP § 1829. § 2108. Secondary Evidence. Secondary Evidence is that which is inferior to primary . Thus, a copy of an instrument or oral evidence of its c ontents is secondary evi dence of the instrument and contents, provided that the copy is not in troduced as an original as allowed by 1003 of this Title. SOURCE: CCP § 1830, as modified. COMMENT :See Article 10 of Division 1 for the rules governing the ad mission of secondary evidence. See § 1001 for definitions of writings, original and duplicate. Thi s Section has been modified by the final proviso which conforms this Section to Division 1, dealing with the introduction of other than original documents. §2109. Direct Evidence. Direct Evidence is that which proves a fact in dispute, directly , without an inference or presumption, and which in itself, if true, con clusively establish es that fact. For example, if the fact in dispute be an agreement, the evidence of a wit ness who was present and witnessed the making of it, is direct. SOURCE: CCP § 1831. § 2110.

lusively establish es that fact. For example, if the fact in dispute be an agreement, the evidence of a wit ness who was present and witnessed the making of it, is direct. SOURCE: CCP § 1831. § 2110. Indirect Evidence.COL1201066GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.1GENERAL PRINCIPLES 4Indirect Evidence is that which tends to establish the fact i n dispute by proving another , and which though true, does not of itself conclusively establish that fact, but which affords an inference or presumption of its existence. For example, a witness proves an ad mission of the party to the fact in dispute. This proves a fact, from which the fact in dispute is inferred. SOURCE: CCP § 1832. § 2111. Prima Facie Evidence. Prima Facie Evidence is that which suffices for the proof of a particular fact, until contradict ed and ov ercome by other evidence. For example, the certificate of a recording officer is prima facie evidence of a record, but it may afterwards be rejected upon proof that there is no such record. SOURCE: CCP § 1833. CROSS -REFERENCE: See § 901 and § 902, Division 1 for the Rules relative to authentication and identification of records, and the like. See Art. 10, Div .

there is no such record. SOURCE: CCP § 1833. CROSS -REFERENCE: See § 901 and § 902, Division 1 for the Rules relative to authentication and identification of records, and the like. See Art. 10, Div . 1, for the Rules governing the admission of contents of writings, record ings and photographs. § 2112. Partial Evidence Defined. Partial Evidence is that which goes to establish a de tached fact in a series of facts tending to prove the fact in dispute. It may be re ceived, subject to being rejected as incompetent unless connected with the fact in dispute by p roof of other facts. For example, on an issue of title to real pro - perty , evidence of the continued possession of a remote occu pant is partial, for it is of a detached fact, which may or may not be afterwards connected with the fact in dispute. SOURCE: CCP § 1834. CROSS -REFERENCE: See Div. 1, § 104 for the rules of Admiss ibility of Partial Evidence. § 2113. Indispensable Evidence. Indispensable Evidence is that without which a particular fact cannot be proved. SOU RCE: CCP § 1836. § 2114. Conclusive Evidence Defined. Conclusive or unanswerable evidence is that which the law does not permit to be contradicted.

thout which a particular fact cannot be proved. SOU RCE: CCP § 1836. § 2114. Conclusive Evidence Defined. Conclusive or unanswerable evidence is that which the law does not permit to be contradicted. For example, the record of a court of competent jurisdiction c annot be contra dicted by the parties to it. SOURCE: CCP § 1837.COL1201066GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.1GENERAL PRINCIPLES 5CROSS -REFERENCE: See Div. 1 § 902 for a description of those docu ments whi ch are self -authenticating, and the Rules relative to their admission. § 2115. Cumulative Evidence. Cumulative Evidence is additional evidence of the same char acter to the same point. SOURCE: CCP § 1838. CROSS -REFERENCE : Div. 1 § 403 -Admission or exclusion of cumulative evidence. § 2116. Corroborative Evidence. Corroborative Evidence is additional evidence of a dif ferent char acter to the same point. SOURCE: CCP § 1839. CROSS -REFERENCE: Div. 1 § 804(b)(3) -instances requir ing corrobora tion. See, also, § 8206 of this Division 2 for the law res pecting corrobora tion in certain matters of sexual assault. § 2117. T rial of Questions of Fact.

804(b)(3) -instances requir ing corrobora tion. See, also, § 8206 of this Division 2 for the law res pecting corrobora tion in certain matters of sexual assault. § 2117. T rial of Questions of Fact. All questions of fact, on trial before a jury , judge, re feree or other officer are to be decided by the jury, judge, referee or other officer , and all evidence thereon is to be addressed to them. SOURCE: CCP § 2101, as modified. COMMENT :The modification of this Section reflects the insti tution of jury trial and the fact that the CCP , at least here, has no t been amended heretofore to reflect jury trials. § 2118. Questions of Law Addressed to the Court. All questions of law in both criminal and civil proceedings, in cluding the admissibility of test imony , the facts preliminary to such ad mission, and the construction of laws and other writ ings, and other rules of evidence, are to be decided by the court, and all discussion of law addressed to it. Questions of law once decided by the court may not, thereafter , be raised for reconsideration by the jury . SOURCE: CCP § 2102, as modified. CROSS -REFERENCE: Parallel provision -Div. 1 § 104.

o it. Questions of law once decided by the court may not, thereafter , be raised for reconsideration by the jury . SOURCE: CCP § 2102, as modified. CROSS -REFERENCE: Parallel provision -Div. 1 § 104. See 8 GCA § 65.15 for the requirement of raising certain motions before trial in criminal cases. COMMENT :The modi fication reflects the fact that this Section should apply to both criminal and civil proceed ings. Recent cases have indicated that there is no clear law governing the case in criminal proceedings, except for this Section. Therefore, in the COL1201066GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.1GENERAL PRINCIPLES 6absence of any particular law or even particular case law, the Commission has made sure that this Section refers to both criminal and civil proceedings. The final paragraph of this Section has been added because of a criminal case wherein the question was raised governin g the admissibility of evidence and no clear law was found on the subject, not even in the Guam Rules of Evidence (Division 1) [Case un re- ported at this time.] Utilizing case law, the trial judge ul timately decided the law in the manner of the final sen tence, which is why this final sentence

ules of Evidence (Division 1) [Case un re- ported at this time.] Utilizing case law, the trial judge ul timately decided the law in the manner of the final sen tence, which is why this final sentence is written as it is. ----------