Chapter 14

7 GCA CIVIL PROCEDURE CH. 14 MANNER OF COMMENCING CIVIL ACTIONS 1 CHAPTER 14 MANNER OF COMMENCING CIVIL ACTIONS § 14101. Endorsement of Complaint. § 14102. Alias Summons. § 14103. Notice of Lis Pendens. § 14104. Who May Serve Summons; Certificate. § 14105. Service of Summons. § 14106. Summons by Publication. § 14107. Procedures for Several Defendants. § 14108. When Jurisdiction of an Action is Acquired . § 14109. Jurisdiction over Nonresident Defendants. § 14110. Jurisdiction over Nonresident Defendants i n Cases Affecting Parent-Child Relationships. NOTE: CCP § 405, Actions, how commenced, has been replace d by GRCP Rule 3. § 14101. Endorsement of Complaint. The clerk of the court must endorse on the complain t the day, month and year that it is filed, and at any time within o ne year thereafter the plaintiff may have the summons issued, and if the a ction be brought against two or more defendants, for each at the same time. But at any time within the year after the complaint is filed, the defendant ma y, in writing, or by appearing and answering or demurring [filing the ap propriate motion], waive the issuing of summons; or, if the action be brough t upon a joint contract of two

, the defendant ma y, in writing, or by appearing and answering or demurring [filing the ap propriate motion], waive the issuing of summons; or, if the action be brough t upon a joint contract of two or more defendants, and one of them has appeare d within the year, the other or others may be served or appear after the y ear at any time before trial. SOURCE: CCP § 406. COMMENT: While some of the contents of this section are cont ained in GRCP Rule 4, other parts appear substantive and, thus, cannot be replaced by the Rules of Civil Procedure. Demurrers have been abolished and replaced by the a ppropriate motions. NOTE: Section 407, Summons; Must contain, has been replac ed by GRCP Rule 4. § 14102. Alias Summons. If the summons is returned without being served on any or all of the defendants, or if it has been lost, the clerk, upon the demand of the plaintiff, may issue an alias summons in the same form as the original, and within COL3720147 GCA CIVIL PROCEDURE CH. 14 MANNER OF COMMENCING CIVIL ACTIONS 2 such time as the original may have been served if i t has not been lost or returned. SOURCE: CCP § 408. § 14103. Notice of Lis Pendens.

GCA CIVIL PROCEDURE CH. 14 MANNER OF COMMENCING CIVIL ACTIONS 2 such time as the original may have been served if i t has not been lost or returned. SOURCE: CCP § 408. § 14103. Notice of Lis Pendens. In an action affecting the title or the right of po ssession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing an answer, when affirmative relief i s claimed in such answer, or at any time afterwards, may record in the Depart ment of Land Management, a notice of the pendency of the action containing the names of the parties and the object of the action or defense , and a description of the property affected thereby. From the time of filing such notice for record only, shall a purchaser or encumbrancer of the prop erty affected thereby be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties designated by their real names. SOURCE: CCP § 409. § 14104. Who May Serve Summons; Certificate. The summons may be served by any peace officer wher e the defendant is found, or by any other person over the age of ei ghteen (18) not a party to the action.

104. Who May Serve Summons; Certificate. The summons may be served by any peace officer wher e the defendant is found, or by any other person over the age of ei ghteen (18) not a party to the action. A copy of the complaint must be served, with the summons, upon each of the defendants. When the summons is served by a peace officer, it must be returned, with his certificate of its servi ce, and of the service of a copy of the complaint, to the office of the clerk f rom which it issued. When it is served by any other person, it must be return ed to the same place, with an affidavit of such person of its service, and of the service of a copy of the complaint, where such copy is served. SOURCE: CCP § 410. CROSS-REFERENCE: Rule 4 of the Guam Rules of Civil Procedure. § 14105. Service of Summons. The summons must be served by delivering a copy the reof as follows: (a) If the suit is against a domestic corporation, to the president or other head of the corporation, a vice president, a secretary, an assistant secretary, general manager, or a person d esignated for service of process or authorized to receive service of proc ess.

or other head of the corporation, a vice president, a secretary, an assistant secretary, general manager, or a person d esignated for service of process or authorized to receive service of proc ess. If such corporation is a bank, to any of the foregoing offi cers or agents, thereof, or to a cashier or an assistant cashier thereof. If no such officers or agents of the corporation can be found within Guam after diligent COL3720147 GCA CIVIL PROCEDURE CH. 14 MANNER OF COMMENCING CIVIL ACTIONS 3 search, then to the Director of Revenue and Taxatio n as provided in 18 GCA § 6101, unless the corporation be of a class ex pressly excepted from the operation of that section. (b) If the suit is against a foreign corporation, o r a nonresident joint stock company or association, doing business in Guam, in the manner provided by 18 GCA § 6101. (c) If against a minor, under the age of fourtee n (14) years, residing in the territory of Guam, to such minor, p ersonally, and also to his father, mother, or guardian; or if there by non e in Guam, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed.

y, and also to his father, mother, or guardian; or if there by non e in Guam, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed. (d) If against a person residing in Guam, who has b een judicially declared to be of unsound mind or incapable of cond ucting his own affairs, and for whom a guardian has been appointed , to such person, and also to his guardian. (e) In all cases where a corporation has forfeited its charter or right to do business in Guam, or has dissolved, by delivering a copy thereof to one of the persons who have become the t rustees of the corporation and of its stockholders or members, or, in a proper case, as provided in 18 GCA § 6101 or § 7102. (f) Except as otherwise provided by statute, a summ ons shall be served on a person; (1) Within Guam, as provided in this Chapter; (2) Outside of Guam but within the United States, a s provided in this Chapter, or as prescribed by the l aw of the place where the person is served; (3) Outside of the United States, as provided in th is Chapter, or as directed by the court in which the a ction is pending, or, if the court before or after service finds that

the person is served; (3) Outside of the United States, as provided in th is Chapter, or as directed by the court in which the a ction is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as pre scribed by the law of the place where the person is served or as d irected by the foreign authority in response to a letter rogatory. (g) In all other cases to the defendant personally. SOURCE: CCP § 411, amended by P.L. 13-131:1. 2013 NOTE: Numbers and/or letters were altered to adhere to the Compiler’s alpha- numeric scheme in accordance to 1 GCA § 1606. COL3720147 GCA CIVIL PROCEDURE CH. 14 MANNER OF COMMENCING CIVIL ACTIONS 4 COMMENT: Because the Legislature has specifically amended th is section since the first adoption of the Guam Rules of Civil Procedure , the Compiler has included this Section as a substantive enactment superseding the Rules. Former Guam CCP § 411 and § 412 (the next section) have been amended both by the Guam Legislature and by the California Legis lature. With the amendment of 18 GCA § 7102 and § 7103 by P.L.

the Rules. Former Guam CCP § 411 and § 412 (the next section) have been amended both by the Guam Legislature and by the California Legis lature. With the amendment of 18 GCA § 7102 and § 7103 by P.L. 15-69, the difficulti es encountered in this and the next section, due to the fact that they are incompl ete, have been rectified. § 14106. Summons by Publication. (a) Where the person on whom service is to be made has departed from Guam, and cannot, after due diligence, be foun d in Guam, or conceals himself to avoid the service of summons, or is a co rporation having no officer or other person upon whom service may be se rved, or who, after due diligence, cannot be found in Guam, and the fact ap pears by affidavit to the satisfaction of the court, or a judge thereof, and it also appears by such affidavit, or by the verified complaint on file, th at a cause of action exists against the defendant in respect to whom the servic e is to be made, or that he is a necessary or proper party to the action; or wh en it appears by such affidavit, or by the complaint on file, that it is an action which relates to, or the subject of which is real or personal property i n Guam, in which such

to the action; or wh en it appears by such affidavit, or by the complaint on file, that it is an action which relates to, or the subject of which is real or personal property i n Guam, in which such person defendant or corporation has or claims a lie n or interest, actual or contingent, or in which the relief demanded consist s wholly or in part in excluding such person or corporation from any inter est therein, such court or judge may make an order that the service be made by the publication of the summons and by mailing the complaint and summons. (b) Service by mail shall be by any kind of U.S. Po stal Service delivery that provides for written proof of mailing , written proof of delivery and restricted delivery to the addressee only. (c) The Guam Legislature intends the provisions of this 1997 Act to apply retroactively to confirm the power of the cou rt to exercise jurisdiction over a nonresident defendant by authorizing service of process by mail and to validate any order made by the court before the effective date of this Act in which such service was authorized. SOURCE: CCP § 412, amended by P.L. 13-131. Amended by P.L. 24-115:1. COMMENT: See comment to the section above.

y the court before the effective date of this Act in which such service was authorized. SOURCE: CCP § 412, amended by P.L. 13-131. Amended by P.L. 24-115:1. COMMENT: See comment to the section above. Compare Rule 4 of the GRCP. For instance, there is no reference made in this Sectio n, as amended by P.L. 13-131, to service of summons upon the government of Guam. NOTE: CCP § 413, Publication, Service by, has been replac ed by GRCP Rule 4(o). COL3720147 GCA CIVIL PROCEDURE CH. 14 MANNER OF COMMENCING CIVIL ACTIONS 5 § 14107. Procedures for Several Defendants. Where the actions is against two or more defendants jointly or severally liable on a contract, and the summons is served on one or more, but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants. SOURCE: CCP § 414. NOTE: CCP § 415, Proof of Service, how made, has been rep laced by GRCP Rule 4(g). § 14108. When Jurisdiction of an Action is Acquire d. From the time of the service of the summons and of a copy of the complaint in a civil action, where service of a cop y of the complaint is required, or of the completion of the publication w hen service by

he time of the service of the summons and of a copy of the complaint in a civil action, where service of a cop y of the complaint is required, or of the completion of the publication w hen service by publication is ordered, the court is deemed to have acquired ju risdiction of the parties, and to have control of all the subsequent proceedin gs. In all cases where a corporation has forfeited its charter of right to d o business in the Territory of Guam, the persons who become the trustees of the co rporation and of its stockholders or members may be sued in the corporat e name of such corporation in like manner as if no forfeiture had occurred and from the time of service of the summons and of a copy of the comp laint in the civil action, upon one of said trustees, or of the completion of the publication when service by publication is ordered, the court is dee med to have acquired jurisdiction of all said trustees, and to have cont rol of all the subsequent proceedings. The voluntary appearance of a defendan t is equivalent to personal service of the summons and a copy of the c omplaint upon him. SOURCE: CCP § 416. § 14109. Jurisdiction over Nonresident Defendants.

The voluntary appearance of a defendan t is equivalent to personal service of the summons and a copy of the c omplaint upon him. SOURCE: CCP § 416. § 14109. Jurisdiction over Nonresident Defendants. A court of this Territory may exercise jurisdiction on any basis not inconsistent with the Organic Act or the Constituti on of the United States. SOURCE: CCP § 417 added by P.L. 18-17:45 (10/5/85). Taken d irectly from Calif. CCP § 410.10. COMMENT: ' Section 410.10 (this section) permits California (G uam) courts to exercise judicial jurisdiction on any basis not inc onsistent with the Constitution of California (Organic Act of Guam), Federal law or th e United States Constitution. This authorization continues the California law of juris diction over foreign corporations and reestablishes the prior law that once governed nonresident individuals.' Ju dicial Council Comment to California CCP § 410.10 found in West, California CCP, 410.10 at page 459. COL3720147 GCA CIVIL PROCEDURE CH. 14 MANNER OF COMMENCING CIVIL ACTIONS 6 Guam has made various attempts to create a long-arm statute and, as will be shown elsewhere in this Chapter, has adopted such a statute dealing with summons.

. 14 MANNER OF COMMENCING CIVIL ACTIONS 6 Guam has made various attempts to create a long-arm statute and, as will be shown elsewhere in this Chapter, has adopted such a statute dealing with summons. However, this Section is necessary to deal with jur isdiction. § 14110. Jurisdiction over Nonresident Defendants in Cases Affecting Parent-Child Relationships. In a suit affecting the parent-child relationship, the courts may exercise personal jurisdiction over a person on whom service of citation is required or over the person's personal representative, although the person is not a resident or domiciliary of this Territory, if: (a) the child was conceived in Guam and the person on whom service is required is a parent or an alleged or pr obable father of the child; (b) the child resides in Guam as a result of the a cts or directives or with the approval of the person on whom service is required; (c) the person on whom service is required has res ided with the child in Guam; or (d) notwithstanding items (a), (b), or (c) of this section, there is any basis consistent with the Organic Act or Consti tution of the United States for the exercise of personal jurisdiction.

uam; or (d) notwithstanding items (a), (b), or (c) of this section, there is any basis consistent with the Organic Act or Consti tution of the United States for the exercise of personal jurisdiction. SOURCE: CCP § 418 added by P.L. 18-17:46 (10/5/85). 2013 NOTE: Numbers and/or letters were altered to adhere to the Compiler’s alpha- numeric scheme in accordance to 1 GCA § 1606. ---------- COL372014