Chapter 4

7 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 1 CHAPTER 4 SUPERIOR COURT SOURCE: Entire Chapter added by P.L. 21-147:2 (Jan. 14, 1 993). 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 legisla tive drafting history. See Introductory Note for Title 7 – Civil Procedure. O ther annotations included in past publications of the GCA have been updated or deleted, after review for necessity and relevance. Article 1. General Provisions. Article 2. Small Claims Division. Article 3. Alternate Dispute Resolution Office. Article 4. Magistrates and Satellite Courts. ARTICLE 1 GENERAL PROVISIONS § 4101. Superior Court: Nature and Composition. § 4102. Appellate Jurisdiction and Procedure. § 4103. Powers of the Presiding Judge. § 4104. I Maga’lahi and I Liheslatura May Request Declaratory Judgments. § 4105. Certifying Questions of Law. § 4101. Superior Court: Nature and Composition. (a) The Superior Court of Guam is a court of genera l jurisdiction in Guam, having original jurisdiction as prescribed by this Title and in other laws of Guam which are n ot within the exclusive

ion. (a) The Superior Court of Guam is a court of genera l jurisdiction in Guam, having original jurisdiction as prescribed by this Title and in other laws of Guam which are n ot within the exclusive jurisdiction of the Supreme Court of Guam or the District Court of Guam. The Superior Court shall co nsist of a presiding judge and six (6) additional judges. The Judges of the Superior Court shall be appointed as provided in th is Title. The Presiding Judge holding office on the effective dat e of this Act shall remain Presiding Judge for so long as he shal l remain a Judge of the Superior Court. Thereafter, however, t he Judges of the Superior Court shall elect one (1) of their num ber Presiding Judge. The first elected Presiding Judge shall serv e until the third Tuesday of the first January occurring three (3) ye ars after his or COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 2 her election. Thereafter a Presiding Judge shall se rve a term of three (3) years, unless he or she is elected to fil l a vacancy, in which case he or she shall serve only the remainder of the unexpired term of his or her predecessor.

g Judge shall se rve a term of three (3) years, unless he or she is elected to fil l a vacancy, in which case he or she shall serve only the remainder of the unexpired term of his or her predecessor. No person may be elected to consecutive terms as a Presiding Judge. (b) If the Judicial Council determines that additio nal Judges are required for the proper dispatch of business, t he Chief Justice shall so notify I Maga’lahi [the Governor], who, if he or she concurs, shall appoint a new Judge as in the case o f a vacancy. (c) If, for any reason, a vacancy is created in the Superior Court and the Judicial Council determines that the business of the Court is such that no new Judge is required to fill the vacancy, the Chief Justice shall so declare, and up on such declaration, no Judge shall be appointed to fill th e vacancy until the Judicial Council again determines that a need e xists and proceeds in the manner prescribed by Subsection (b) of this § 4101. (d) All Judges sitting on the effective date of thi s Chapter shall continue to sit for the remainder of their re spective terms without need for reappointment, reconfirmation or a dditional declarations required by this § 4101.

effective date of thi s Chapter shall continue to sit for the remainder of their re spective terms without need for reappointment, reconfirmation or a dditional declarations required by this § 4101. (e) Enactment of Rules on Case Management and Disposition. The Supreme Court shall enact rules go verning the efficient dispatch of the Superior Court’s business , including the following: (1) time frames and deadlines for matters taken un der submission to provide speedy and efficient disposit ion of cases; (2) compilation of data and statistics regarding t he court and each judge’s performance and publication of the same on the Supreme Court website. Said compilation shall include, but not be limited to, the number of motio ns filed in cases pending before each judge, the number of m otions and trials to the court which each judge has had un der submission more than sixty (60) days, and the numbe r of motions and trials to the court each judge has had under submission more than one hundred twenty (120) days COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 3 prompt and equitable assignment and distribution of cases and workload and time off among the judges; (3) assignment,

undred twenty (120) days COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 3 prompt and equitable assignment and distribution of cases and workload and time off among the judges; (3) assignment, management, distribution, processi ng, scheduling and disposition of cases in the Superior Court; (4) whether a referee or hearing officer may hear a case; and (5) any other matters which affect the prompt, fair and just disposition of cases in the Superior Court. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended (as CCP § 81) by P.L. 22-075:2 (Mar. 3, 1994). Subsection (b) repealed and reenacted by P.L. 24-139:30 (Feb. 7, 1998). Subsect ion (c) repealed and reenacted by P.L. 24-139:31 (Feb. 7, 1998). Subsec tions (b) and (c) amended by P.L. 27-031:11 (Oct. 31, 2003). Subsect ion (e) added by P.L. 27-031:12 (Oct. 31, 2003), and repealed and r eenacted by P.L. 28- 137:1 (July 11, 2006). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L. 24-139 not to have existed a t all as a public law because it was 'pocket vetoed' by the Governor.

Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L. 24-139 not to have existed a t all as a public law because it was 'pocket vetoed' by the Governor. Th erefore, this section reverts to the way it read upon its original enactm ent as there were no amendments prior to P.L. 24-139. The main differen ce is to return the authority to the Chief Justice from the Judicial Co uncil. 1985 SOURCE: New section, but compare CCP § 81 in part. 1985 COMMENT: The confusion arising over the appointment of Judge Diaz (August 1980) and the appointment of Attorney Crain (who was not confirmed by the Legislature) (December 1982) has s hown that there is no clear means by which a new judicial position is created. Judge Diaz was appointed and confirmed as judge before any new position was funded. However, the funding was authorized by the Legislature before the new judge was sworn in and took office. To remedy this situation P.L. 15-140:2, in amending § 81 of the CCP, stated that there are 'a presiding judge and 5 additional judges'. However, with the resignation of Judge Benson, ther e was no hurry in filling that vacancy because all concerned believed

f the CCP, stated that there are 'a presiding judge and 5 additional judges'. However, with the resignation of Judge Benson, ther e was no hurry in filling that vacancy because all concerned believed that the business of the court did not require an additional judge. Ther efore, this Section takes care of not only increased judicial business, but a lso decreased judicial business. This Section will also take care of the p roblem occurring in 1982 when the Bar Association still believed that n o new judge was required, but the Governor disagreed. COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 4 § 4102. Appellate Jurisdiction and Procedure. The Superior Court shall have appellate jurisdictio n in all cases tried and determined in the: (a) Traffic Division wherein the amount of the fine levied is more than One Hundred Fifty Dollars ($150 ). Such an appeal shall be taken within five (5) court days after the judgment is rendered by the Traffic Division and sh all be taken by filing a written notice of appeal with the Clerk of the Superior Court. The appeal shall be a trial on the merits de novo; (b) Small Claims Division pursuant to Article 2 of this Chapter.

be taken by filing a written notice of appeal with the Clerk of the Superior Court. The appeal shall be a trial on the merits de novo; (b) Small Claims Division pursuant to Article 2 of this Chapter. 1985 SOURCE: CCP § 83 (P.L. 12-85) as modified. 1985 COMMENT: The appellate function over traffic cases is retain ed in the Superior Court. However, former § 83 CCP is modified to reflect the actual situation in which the traffic division does not hear cases in which imprisonment may be imposed, the nomenclature of the courts adopted by this Title and the procedure and rule-ma king powers, also adopted by this Title. Former § 83 CCP was repealed by P.L. 13-187 upon ad option of the Criminal Procedure Code. Section 1.09(b) provides t hat a defendant in the traffic court shall have a right to appeal and obtain a trial de novo in any case. This Section adopts that, and provides fo r a more detailed procedure than is stated in the Criminal Procedure Code. In that Code no mention is made as to times, nor methods of appeal to the Superior Court. § 4103. Powers of the Presiding Judge. The Presiding Judge of the Superior Court shall pre scribe the order of business and randomly assign the

to times, nor methods of appeal to the Superior Court. § 4103. Powers of the Presiding Judge. The Presiding Judge of the Superior Court shall pre scribe the order of business and randomly assign the cases to the Judges, Referees, and Hearing Officers of the Court in conformance with rules and regulations promulgated by the Supreme Court. During the Presiding Judge’s tempora ry absence or temporary disability, his or her duties shall be performed by his or her designated appointee. Appointment shall be on a rotating basis among all the Judges of the Superior Court. The Presiding Judge shall be responsible for preparing the annual budget of the Superior Court and its divisions for the review, recommendation and approval of the Judicial Council . COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 5 SOURCE: A dded by P.L. 21-147:2 (Jan. 14, 1993), amended by P .L. 23- 086:4 (Apr. 29, 1996). Repealed and reenacted by P. L. 24-139:32 (Feb. 7, 1998). Amended by P.L. 27-031:13 (Oct. 31, 2003 ). § 4104. I Maga’lahi and I Liheslatura May Request Declaratory Judgment. I Maga’lahen Guåhan , in writing, or I Liheslaturan Guåhan , by resolution, may request declaratory judgments from the

2003 ). § 4104. I Maga’lahi and I Liheslatura May Request Declaratory Judgment. I Maga’lahen Guåhan , in writing, or I Liheslaturan Guåhan , by resolution, may request declaratory judgments from the Supreme Court of Guam as to the interpretation of any law, federal or local, lying within the jurisdiction of the courts of Guam to decide, and upon any question affecting the powers and duties of I Maga’lahi and the operation of the Executive Branch, or I Liheslaturan Guåhan , respectively. The declaratory judgments may be issued only where it is a matter o f great public interest and the normal process of law would cause undue delay. Such declaratory judgments shall not be available to private parties. The Supreme Court of Guam shall , pursuant to its rules and procedure, permit interested parties to be hear d on the questions presented and shall render its written judgment thereon. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993), repealed an d reenacted by P.L. 24-061:3 (Sept. 17, 1997). Repea led by P.L. 28-146:1 (August 15, 2006). Added by P.L. 29-103:2 (July 22 , 2008). 1985 SOURCE: Article 4(c) Constitution of Florida, as modified b y Massachusetts Constitution, Article of

1997). Repea led by P.L. 28-146:1 (August 15, 2006). Added by P.L. 29-103:2 (July 22 , 2008). 1985 SOURCE: Article 4(c) Constitution of Florida, as modified b y Massachusetts Constitution, Article of Amendment No . 85 amending Art. 2 of Ch. 3 of the Mass. Constitution. 1985 COMMENT: Several states permit the governor, and Massachusetts permits the Governor, Legislature and Council, to seek opinions from their respective Supreme Courts on ma tters respecting the duties of the Governor and Legislature. It has been this drafter's experience that such a grant of jurisdiction would have solved many serious questions which have arisen, but which have lacked a forum for decision. Under the usual rule, no case may be brought until it has ripened into a 'case or controversy'. This section will per mit important issues to be decided before that time and will avoid the nece ssity of creating harm to some party in order to have a decision. Thus, a Massachusetts Opinion of the Justices determined certain powers of the Le gislature and Governor before any employees had to be laid off. T his Section would permit a better resolution of serious questions tha n occurred in the 1978 District Court

certain powers of the Le gislature and Governor before any employees had to be laid off. T his Section would permit a better resolution of serious questions tha n occurred in the 1978 District Court decision of Wong v. Camina wherein the Court decided a question relating to federal grants. No defendant w as forthcoming, so the case was decided essentially on a default. This Sec tion would permit a COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 6 full hearing in such cases and decisions rendered u nder this Section would be binding. Note that the language permits the Governor to requ est opinions as the operation of the Executive Branch, including qu estions involving separation of powers, and the Legislature to reques t opinions on the operation of that Branch, but does not permit one B ranch to request opinions as to the operation of the other where tha t operation does not impinge on the requesting branch’s operations. The purpose of this limitation is to avoid one branch trying to regulat e the other through the courts. § 4105. Certifying Questions of Law. Any judge of the Superior Court of Guam may certify a question of law to the Supreme Court of Guam for it s

anch trying to regulat e the other through the courts. § 4105. Certifying Questions of Law. Any judge of the Superior Court of Guam may certify a question of law to the Supreme Court of Guam for it s opinion as to the interpretation of any law, federal or local, lying within the jurisdiction of the courts of Guam to decide, and a rising in a case or proceeding then pending before the Superior Cour t. ---------- ARTICLE 2 SMALL CLAIMS DIVISION § 4201. Title. § 4202. Jurisdiction. § 4203. Removal. § 4204. Fees. § 4205. Referees. § 4206. Rules and Regulations. § 4207. Jurisdiction over Housing Claims. § 4208. Mandatory Annual Review of Jurisdictional L imits. § 4201. Title. This Article may be cited as the Small Claims Court Act. A Small Claims Division is created within the Superio r Court of Guam on the following terms and conditions. SOURCE: Enacted as Chapter III-B of Title 1 of the Code of Civil Procedure by P.L. 20-028 (June 13, 1989). This law was not included in the Supreme Court Act, which constitutes Chapters 1 through 9 of this Title. However, since this section was referred to in Article 1 of this Chapter, which was part of the Supreme Court enactm ent, the Compiler

Court Act, which constitutes Chapters 1 through 9 of this Title. However, since this section was referred to in Article 1 of this Chapter, which was part of the Supreme Court enactm ent, the Compiler COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 7 is including this Article here on the presumption t hat it was never repealed by the Supreme Court Act. The original law enacted this entire Article as 'Se ction 100'. The Compiler has changed the respective subsections int o separate sections in order to conform to the format of the Guam Code Ann otated and to make the Article easier to understand and locate. COMMENT: The Legislature stated its Intent preceding Section 1 as follows: The Legislature finds that due to high legal fees a nd the lack of attorneys willing to take cases involving small amounts, the courts are effectively unavailable to small cla ims litigants, and the current small claims court system is inadeq uate to address this problem; accordingly. § 4202. Jurisdiction. Any person having a claim of $10,000 or less may ap ply for relief through the Small Claim Division. Countercla ims or cross- claims may also be filed for up to $10,000.

dingly. § 4202. Jurisdiction. Any person having a claim of $10,000 or less may ap ply for relief through the Small Claim Division. Countercla ims or cross- claims may also be filed for up to $10,000. If a bo na fide counterclaim or cross-claim is in excess of $10,000 , the matter shall be handled as a regular civil, or other case. No attorney’s fee may be awarded in small claim cases. Any person having a claim against him or her for more than $5,000 may m ake a timely application to the court for transfer of the matter out of the Small Claims Division to be handled as a regula r civil or other case within the Superior Court of Guam, which motion, if timely made, shall be granted as a matter of right. § 4203. Removal. Any person against whom a claim is filed in the Sma ll Claims Division may apply to the court for transfer of the matter out of the Small Claims Division to the Superior Co urt of Guam to be handled as a regular civil or other case. The court may grant such a motion only upon a showing of signific ant prejudice for the applicant if the matter continues in the Sm all Claims Division, or a clear showing by the applicant that the Small Claims Division is an inappropriate

pon a showing of signific ant prejudice for the applicant if the matter continues in the Sm all Claims Division, or a clear showing by the applicant that the Small Claims Division is an inappropriate forum. The cour t may consider the costs of pursuing a regular case and a vailability of attorneys who might handle the matter as some of th e deciding factors. Such motions for discretionary transfer sh all be disfavored, and shall be granted only in exceptiona l cases. COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 8 § 4204. Fees. The filing fee for filing a complaint or countercla im or cross-claim in small claims cases shall be 1 percen t of the amount claimed for the first $1,000, and 2 percent for all amounts thereafter; provided, that the total filing fee does not exceed the cost of filing a civil case in the Super ior Court of Guam. § 4205. Referees . Small claims cases may be heard by any Judge of th e Superior Court of Guam. However, the Chief Justice of the Supreme Court of Guam may nominate one (1) or more Small Claims Referees from among the members of the Guam Bar Association, with the approval of the Judicial Coun cil.

ever, the Chief Justice of the Supreme Court of Guam may nominate one (1) or more Small Claims Referees from among the members of the Guam Bar Association, with the approval of the Judicial Coun cil. Referees shall hear small claims cases pursuant to court rul es, and shall have the power of a Superior Court Judge in respect to such small claims matters. Such appointments for Referee s shall be for one (1) year or less. The Judicial Council may reappoint incumbent Referees for additional terms of one (1) year or less. Referees may be disqualified from hearing a matter in the same manner as a Judge of the Superior Court may be disq ualified. SOURCE: Amended by P.L. 27-031:14 (Oct. 31, 2003). 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Or ganic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004) , references to 'Presiding Judge' have been changed to 'Chief Justi ce of the Supreme Court of Guam.' See 48 U.S.C. § 1424-1(b)(2). § 4206. Rules and Regulations. The Judicial Council shall develop forms and rules and regulations for the Small Claims Division, which sh all not permit jury trials in small claims cases; shall provide fo r expedited handling of small claims cases

cil shall develop forms and rules and regulations for the Small Claims Division, which sh all not permit jury trials in small claims cases; shall provide fo r expedited handling of small claims cases and the collection o f small claims judgments without the need that either party have r epresentation by an attorney; shall provide for circumstances und er which applicants may be represented by an attorney and ma y limit or prohibit representation of parties by attorneys in small claims; provided, however, that if one party is represented by an attorney then the other party must be given the opportunity to obtain an attorney, if such other party makes an appearance; may provide COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 9 for relaxed rules of evidence for small claims liti gants; as to proof of damages shall develop and promulgate reaso nable rules which are reasonable and fair, taking into account common sense and practices in claims settlement, and taking into account normal insurance industry practices used by insuran ce adjusters in determining damages on Guam; shall provide rules for appeal de novo to the Superior Court of Guam as may be app ropriate; shall provide

al insurance industry practices used by insuran ce adjusters in determining damages on Guam; shall provide rules for appeal de novo to the Superior Court of Guam as may be app ropriate; shall provide for discovery upon prior specific app roval by the court; shall provide for declaratory type or other relief in disputes over utility billings with provisions for continuing utility service during the period of the dispute, a nd with sanctions for bad faith disputes over utility billi ngs; and shall provide for such other matters as the Judicial Coun cil deems appropriate for the Small Claims Division. The rule s may prohibit, regulate or restrict the appearance by at torneys, agents, and employees of the parties in the Small Claims Di vision. § 4207. Jurisdiction over Housing Claims. The Small Claims Division may hear rent and landlor d- tenant disputes and may, with or without bond, enjo in the eviction of the tenant pending the outcome of any b ona fide rent dispute or landlord-tenant dispute, and may, as a p art of its final order, make appropriate orders of eviction. § 4208. Mandatory Annual Review of Jurisdictional L imits.

come of any b ona fide rent dispute or landlord-tenant dispute, and may, as a p art of its final order, make appropriate orders of eviction. § 4208. Mandatory Annual Review of Jurisdictional L imits. In April of each year commencing with 1990, the Ju dicial Council shall consider adjustment of the jurisdicti onal limits for the Small Claims Division, and may adjust upwards t he jurisdiction limits of the amount of claims allowed in the Small Claims Division based upon increases in the cost of living indices prepared by the Guam Department of Commerce and the United States government, and based upon the availa bility of attorneys to take small claims cases. ---------- ARTICLE 3 ALTERNATE DISPUTE RESOLUTION OFFICE § 4301. Alternate Dispute Resolution Office. COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 10 § 4302. Duties. § 4301. Alternate Dispute Resolution Office . There is within the Judicial Branch the Alternate D ispute Resolution Office under the direction of the Chief Justice and the Judicial Council. 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Or ganic Act of Guam by Pub. L. 108-378:1(b) (Oct.

spute Resolution Office under the direction of the Chief Justice and the Judicial Council. 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Or ganic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004) , references to 'Presiding Judge' have been changed to 'Chief Justi ce.' See 48 U.S.C. § 1424-1(b)(2). § 4302. Duties. The Office shall facilitate dispute resolution wit hout litigation. It shall provide training and services for mediation, conciliation, arbitration and other means of settli ng conflicts or disputes among residents of Guam. SOURCE: Added by P.L. 19-05:129 (Aug. 21, 1987) as §§ 205 a nd 206 of the Code of Civil Procedure. ---------- ARTICLE 4 MAGISTRATES AND SATELLITE COURTS SOURCE: Added by P.L. 29-109:2 (Aug. 26, 2008). § 4401. Magistrates. § 4402. Satellite Courts. § 4401. Magistrates. (a) The Chief Justice of the Supreme Court of Guam may appoint such magistrates as are n ecessary for the proper administration of justice. A magist rate shall be appointed as follows: (1) Upon request by the Chief Justice, the Guam Bar Association will solicit interest for the position of magistrate; (2) The Guam Bar Association will then submit the names of three (3)

as follows: (1) Upon request by the Chief Justice, the Guam Bar Association will solicit interest for the position of magistrate; (2) The Guam Bar Association will then submit the names of three (3) candidates to the Chief Justice; COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 11 (3) The Chief Justice must appoint the magistrate f rom the list provided by the Guam Bar Association. (4) The appointment by the Chief Justice is subject to the approval of I Liheslaturan Guåhan . (b) A magistrate shall : (1) serve a four (4) year term, removable for cause ; (2) be at least thirty (30) years of age; (3) meet the qualifications required of a Superior Court Judge as articulated by §§ 3109(c), (d) & (e), Titl e 7, GCA; (4) be a member in good standing of the Guam Bar Association; (5) not have been convicted of any felony or any misdemeanor involving moral turpitude; (6) not be related by blood within the third degree of consanguinity or marriage to a judge or justice of the courts of Guam at the time of his or her initial appointment; (7) be subject to the same ethical standards as a Superior Court Judge or Justice, to include the Guam Rules for Judicial Disciplinary Enforcement;

Guam at the time of his or her initial appointment; (7) be subject to the same ethical standards as a Superior Court Judge or Justice, to include the Guam Rules for Judicial Disciplinary Enforcement; and (8) receive a salary no greater than ninety percent (90%) of a Judge who is not the Presiding Judge. (c) As assigned by the Chief Justice, a magistrate shall : (1) preside over and render decisions and judgments in small claims cases, traffic cases, change of nam e petitions, and collection cases, and may grant unco ntested divorces in cases where there is a notarized consen t on file; (2) enter judgment upon confession of judgment or default judgment in a civil case when a party alleg es a sum certain is due; (3) preside over post-judgment collection proceedin gs in civil cases and restitution judgments in crimina l cases, and issue writs of execution and other orders in su ch proceedings; COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 12 (4) preside over first appearances of criminal defendants and arraignments in criminal cases, set or modify bail and order pre-trial release conditions or detention, take pleas, including accepting guilty p leas in misdemeanor cases,

of criminal defendants and arraignments in criminal cases, set or modify bail and order pre-trial release conditions or detention, take pleas, including accepting guilty p leas in misdemeanor cases, sentencing misdemeanants, and entering judgments accordingly; (5) issue summons, issue bench warrants, and hear return of warrants in all cases; (6) preside over any matters which may be heard by a Referee of the Superior Court of Guam; (7) serve as a Special Master upon appointment by the Presiding Judge; (8) serve as Judge Pro Temporare upon appointment by the Chief Justice; (9) serve as a settlement judge in a civil or domes tic case upon appointment by the Presiding Judge; (10) conduct criminal trial setting hearings; (11) preside over preliminary hearings in criminal cases, and render decisions and judgments over proc edural and discovery motions in criminal matters; (12) preside over initial scheduling conferences in civil matters, to include, but not limited to: initial pr etrial conferences, case scheduling, discovery disputes, m otions, and settlement efforts; (13) preside over unlawful detainer proceedings; (14) hear and determine any pretrial matter, other than case

trial conferences, case scheduling, discovery disputes, m otions, and settlement efforts; (13) preside over unlawful detainer proceedings; (14) hear and determine any pretrial matter, other than case dispositive motions, and preside over status h earings in all matters; (15) issue search warrants and issue arrest warrant s in all cases; (16) take grand jury returns; and (17) solemnize marriages. (d) The Chief Justice may reappoint a sitting magis trate COL6/24/20217 GCA CIVIL PROCEDURE CH. 4 SUPERIOR COURT 13 without confirmation by I Liheslaturan Guåhan upon a unanimous recommendation of the Judicial Council: (1) for one (1) additional term of four (4) years ; or (2) until a new magistrate is appointed and duly confirmed, but not to exceed ninety (90) days. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (c) amended by P.L. 31-163:2 (Jan. 4, 2012). Subsectio n (d) added by P.L. 31-163:2 (Jan. 4, 2012). Subitems (10) through (13) added by P.L. 33- 074:2 (Sept. 15, 2015). Subsection (c) amended by P .L. 35-113:2 (Dec. 11, 2020). § 4402. Satellite Courts. The Chief Justice of the Supreme Court of Guam is h ereby authorized to establish a Northern Court Satellite (NCS).

Subsection (c) amended by P .L. 35-113:2 (Dec. 11, 2020). § 4402. Satellite Courts. The Chief Justice of the Supreme Court of Guam is h ereby authorized to establish a Northern Court Satellite (NCS). SOURCE: Added by P.L. 29-109:2 (Aug. 26, 2008). ---------- COL6/24/2021