Chapter 10

7 GCA CIVIL PROCEDURE CH. 10 FORM OF CIVIL ACTIONS 1 CHAPTER 10 FORM OF CIVIL ACTIONS § 10101. One Form of Civil Action Only. § 10102. Parties to Actions, How Designated. § 10103. Special Issues Not in Pleadings. 2017 NOTE: The 2005 print publications of the GCA included th e following annotation: NOTE: Section 2206 of this Title provides, in part: All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. The Rules to which this section refers are the Guam Rules of Civil Procedure, published as an appendix to this T itle. Because 7 GCA § 2206 makes procedural laws conflict ing with the rules of no further force and effect, the Compiler has, in the remainder of this Title, omitted those laws which h ave been super- seded by the Rules. See Rule 89 of the Guam Rules of Civil Proce- dure. Appropriate cross-references will be given. The 2005 edition, however, omitted the following pa ragraph of the annotation, which had been included in past print publications of the GCA and stated: Section 1101 of this Title, enacted by P.L. 21-147, has taken formal notice of the changes made by the Rules and has ado pted this Title as changed by

n past print publications of the GCA and stated: Section 1101 of this Title, enacted by P.L. 21-147, has taken formal notice of the changes made by the Rules and has ado pted this Title as changed by the Rules of Civil Procedure. See Rul e 89, which was in effect before P.L. 21-147 was enacted [and] of w hich the Legislature was aware. This annotation from the previous Compiler explains the process of codification from the Guam Code of Civil Procedure (CCP) to the Guam Code Annotated. The Compiler had been guided CCP §123, which sets f orth the authority of the Judicial Council of Guam to establish rules of prac tice and procedure in the courts of Guam, and provided that '[a]ll laws in co nflict with such rules shall be of no further force or effect after such rules have taken effect.' Pursuant to CCP § 123, the Judicial Council submitted Rules of Civ il Procedure, which were adopted by the Guam Legislature on July 31, 1969, a nd found in the 1970 codification of the Guam Code of Civil Procedure. The previous Compiler’s annotation and reference to 7 GCA § 2206 explains his reason for omitting CCP provisions from the GCA cod ification.

the 1970 codification of the Guam Code of Civil Procedure. The previous Compiler’s annotation and reference to 7 GCA § 2206 explains his reason for omitting CCP provisions from the GCA cod ification. However, 7 GCA § 2206 was contained only in draft legislation, and never enacted into law. See Introductory Note for Title 7 – Civil Procedure. The annotation has been retained to provide background information as to th e source of the provisions (Guam Civil Procedure Code) and legislative history regarding codification. COL41220177 GCA CIVIL PROCEDURE CH. 10 FORM OF CIVIL ACTIONS 2 § 10101. One Form of Civil Action Only. There is in the Territory of Guam but one form of c ivil action for the enforcement or protection of private rights and the redress or prevention of private wrongs. SOURCE : CCP § 307. See Rule 2 of the Guam Rules of Civil Procedure (GRCP). § 10102. Parties to Actions, How Designated. In such action the party complaining is known as th e plaintiff, and the adverse party is known as the defendant. SOURCE: CCP § 308. § 10103. Special Issues Not in Pleadings. A question of fact not put in issue by the pleadi ngs may be tried by a judge, upon an order for the trial,

rty is known as the defendant. SOURCE: CCP § 308. § 10103. Special Issues Not in Pleadings. A question of fact not put in issue by the pleadi ngs may be tried by a judge, upon an order for the trial, stating distinc tly and plainly the question of fact to be tried, and such an order is the only authority necessary for a trial. SOURCE: CCP § 309. COMMENT: Compare procedure for Pretrial Orders found in the GRCP and in the Local Rules. ---------- COL4122017