Chapter 21

7 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 1 CHAPTER 21 TRIAL AND JUDGMENT IN CIVIL ACTIONS Article 1. Judgments in General. Article 2. Issues, Mode of Trial and Postponements. Article 3. Trial by the Court. Article 4. References and Trial by Referees. Article 5. Provisions Relating to Trials in General . Article 6. Manner of Giving and Entering Judgment. ARTICLE 1 JUDGMENTS IN GENERAL 2017 NOTE: The source of this Article is Chapter 1 (Judgments in General), of Civil Procedure Code, Title VII; specifically CCP § § 577-584. This Article was codified into the GCA after the en actment of P.L. 21-147:2 (Jan. 14, 1993) (Frank G. Lujan Memorial Court Reor ganization Act of 1992). During the codification process, CCP provisions wer e renumbered and incorporated into the GCA; however, not all CCP pro visions were included in the GCA, as explained in the following annotation, which followed § 21104 in past print publications of the GCA: NOTE: CCP §§ 581, Dismissals of Actions, has been superseded by GRCP Rule 41. Guam CCP § 581a has been declared repealed because it has been superseded by GRCP 41(b). Chan, et al. v. Kim, et al , Civ. Case No.

§§ 581, Dismissals of Actions, has been superseded by GRCP Rule 41. Guam CCP § 581a has been declared repealed because it has been superseded by GRCP 41(b). Chan, et al. v. Kim, et al , Civ. Case No. CV 1562-93, Decision & Order, Weeks, J., S uperior Court of Guam, March [31], 1995). Similarly, Guam CCP §§ 582 and § 583, have been rep ealed by implication (§ 66 CCP) and have been so held to have been repealed in the case of Jones and Guerrero, Inc. vs. Torres, Civil Case No. 187-74, Superior Court of Guam (December 1 976) [Not reported]. This issue has not been appealed. In the order the Superior Court declared that dismissals for lack of prosecution were covered by Rule 41, not § 583. J&G vs. Atco Industries, Civil Case No. 925-72, Superior Court of Guam (not reported), also ruled in 1975 that matters of dismissal for lack of prosecut ion at the various stages of the action are covered by the Court rules , not by the Code of Civil Procedure. The legislature repealed § 583 by P.L. 16-120:13. Also found in past print publications is a referenc e to § 21104a, 'Dismissal of Action for Failure to Issue Summons', which appears to be the codification of CCP § 581a.

led § 583 by P.L. 16-120:13. Also found in past print publications is a referenc e to § 21104a, 'Dismissal of Action for Failure to Issue Summons', which appears to be the codification of CCP § 581a. However, it appears this reference to § 21104a was in error, in COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 2 light of the following holding by Superior Court Ju dge Janet Healy Weeks: '[P]ursuant to Rule 89, Guam Rules of Civil Procedu re, that Guam Code of Civil Procedure Section 581a was repealed by implic ation by the adoption of the Guam Rules of Civil Procedure.' Chan v. Kim , Civ. Case No. CV 1562-93 (Guam Super. Ct. March 31, 1995). Accordingly, the reference to § 21104a, 'Dismissal of Action for Failure to Issue Summons' in past print publications of the GCA is deemed manifest clerical error, and will be omitted from future publications of the GCA pursuant to the authority o f 1 GCA § 1606. § 21101. Judgment Defined. § 21102. Judgment May be for or Against One of the Parties. § 21103. Judgment May be Against One Party and Acti on Proceed as to Others. § 21104. The Relief to be Awarded to the Plaintiff. § 21105. Consent of Attorney General. § 21101.

nst One of the Parties. § 21103. Judgment May be Against One Party and Acti on Proceed as to Others. § 21104. The Relief to be Awarded to the Plaintiff. § 21105. Consent of Attorney General. § 21101. Judgment Defined. A judgment is the final determination of the rights of the parties in an action or proceeding. SOURCE: CCP § 577. § 21102. Judgment May be for or Against One of the Parties. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendant s; and it may, when the justice of the case requires it, determine the ulti mate rights of the parties on each side, as between themselves. SOURCE: CCP § 578. § 21103. Judgment May be Against One Party and Act ion Proceed as to Others. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leavin g the action to proceed against the others, whenever a several judgment is proper. SOURCE: CCP § 579. § 21104. The Relief to be Awarded to the Plaintiff . The relief granted to the plaintiff, if there be no answer, cannot exceed that to which he shall have demanded in his complai nt; but in any other case the court may

to be Awarded to the Plaintiff . The relief granted to the plaintiff, if there be no answer, cannot exceed that to which he shall have demanded in his complai nt; but in any other case the court may grant him any relief consistent with the case made by the complaint and embraced within the issues. COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 3 SOURCE: CCP § 580. CROSS-REFERENCES: GRCP Rule 4. § 21105. Consent of Attorney General. No action in which the government of Guam is a plai ntiff shall be dismissed without the consent of the Attorney Gener al of Guam. SOURCE: CCP § 584. ---------- ARTICLE 2 ISSUES , MODE OF TRIAL AND POSTPONEMENTS NOTE: Guam CCP § 585, dealing with defaults, has been rep ealed by implication (66 CCP) and has been replaced by Rule 55 GRCP. Guam CCP, §§ 588 through 591 and 594 deal with matt ers which have been superseded by the Guam Rules of Civil Procedur e, Rules 7, 8, 12, 16 and 40. CCP § 592 has been superseded by Guam Rules of Civi l Procedure, Rules 38 and 39 and by Chapter 22 of this Title, relative to jury trials. CCP §§ 595 and 595 have been superseded by Guam Rul es of Civil Procedure, Rule 40. § 21201.

Guam Rules of Civi l Procedure, Rules 38 and 39 and by Chapter 22 of this Title, relative to jury trials. CCP §§ 595 and 595 have been superseded by Guam Rul es of Civil Procedure, Rule 40. § 21201. In Cases of Adjournment -- Testimony of W itnesses. The party obtaining a postponement of a trial in an y court of record must, if required by the adverse party, consent tha t the testimony of any witness of such adverse party who is not in attenda nce be taken by deposition before a judge or clerk of the court in which the case is pending or before such person authorized to administer oath s as the court may indicate, which must accordingly be done; and the t estimony so taken may be read on the trial with the same effect and subje ct to the same objection as if the witness were produced. SOURCE: CCP § 596. CROSS-REFERENCES: See 6 GCA Chapter 8, Article 3, relative to the perpetuation of testimony in criminal cases. ---------- COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 4 ARTICLE 3 TRIAL BY THE COURT § 21301. Order of Proceeding on Trial. § 21302. Time for Filing Decision. § 21303. Waiving Findings of Fact. § 21304. Agreed Statement of Facts. § 21305.

AL & JUDGMENTS 4 ARTICLE 3 TRIAL BY THE COURT § 21301. Order of Proceeding on Trial. § 21302. Time for Filing Decision. § 21303. Waiving Findings of Fact. § 21304. Agreed Statement of Facts. § 21305. Proceedings after Determination of Law. § 21301. Order of Proceeding On Trial. The trial must proceed in the following order, unle ss the judge, for special reasons, otherwise directs: (a) The plaintiff, after stating the issue and his case, must produce the evidence on his part; (b) The defendant may then open his defense, and of fer his evidence in support thereof; (c) The parties may then respectively offer rebutt ing evidence only, unless the court, for good reason, in further ance of justice, permits them to offer evidence upon their original case; (d) When the evidence is concluded, unless the cas e is submitted to the court on either side or on both sides withou t argument, the plaintiff must commence and may conclude the argume nt; (e) If several defendants, having separate defense s, appear by different counsel, the court must determine their r elative order in evidence and argument. SOURCE: CCP § 631.

conclude the argume nt; (e) If several defendants, having separate defense s, appear by different counsel, the court must determine their r elative order in evidence and argument. SOURCE: CCP § 631. 2017 NOTE: Subsection designations altered pursuant to the aut hority of 1 GCA § 1606. COMMENT: The Compiler has not found any equivalent provision s to this section in the Guam Rules of Civil Procedure. § 21302. Time for Filing Decision. Upon the trial of a question of fact by the court, its decision must be given in writing and filed with the clerk within th irty (30) days after the cause is submitted for decision. SOURCE: CCP § 632. COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 5 CROSS-REFERENCES: For Rules governing method by which delay of decisi on mat be raised to the Court, see Rule 5E of the Loca l Rules of the Superior Court in Appendix B to this Title. COMMENT: Rule 52 of the GRCP has modified the requirement fo r written findings of fact, but there no reference in those rules to a ny deadlines for making the decision. NOTE: CCP § 633, Facts - - - law must be separately stated, has been superseded by GRCP Rule 52. § 21303. Waiving Findings of Fact.

reference in those rules to a ny deadlines for making the decision. NOTE: CCP § 633, Facts - - - law must be separately stated, has been superseded by GRCP Rule 52. § 21303. Waiving Findings of Fact. Findings of fact may be waived by several parties t o a issue of fact: (a) By failing to appear at trial; (b) By consent in writing filed with the clerk; (c) By oral consent in open court entered in the m inutes. In all cases where the court directs a party to pre pare the findings, a copy of said proposed findings shall be served on a ll parties to the action at least five days before findings shall be signed by the court, and the court shall not sign any findings therein prior to the ex piration of such five days. SOURCE: CCP § 634. 2017 NOTE: Subsection designations altered pursuant to the au thority of 1 GCA § 1606. COMMENT: The Rules of Civil Procedure discourage the court f rom ordering the parties to prepare the findings, but do not prohibi t it from so ordering. § 21304. Agreed Statement of Facts. The parties may, in any action or special proceedin gs, agree in writing upon the facts involved in the litigation and requi re the judgment of the court upon the questions of law

Statement of Facts. The parties may, in any action or special proceedin gs, agree in writing upon the facts involved in the litigation and requi re the judgment of the court upon the questions of law arising from such agreed statement of facts. The ruling and judgment of the court upon such agreed s tatement of facts shall be subject to exception like all other rulings of the court. When an agreed statement of facts is entered into by the parties, no other finding of facts need be made by the court. SOURCE: CCP § 635. § 21305. Proceedings After Determination of Law. On a judgment for the plaintiff upon an issue of la w he may proceed in the manner prescribed by Rule 55 of the Guam Rules of Civil Procedure, upon the failure of the defendant to answer. If the judgment before the COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 6 defendant upon an issue of law, and the taking of a n account, or the proof of any fact, be necessary to enable the court to compl ete the judgment, a reference may be ordered, as in that Rule provided. SOURCE: CCP § 636. COMMENT: Since CCP § 585 has been superseded by GRCP Rule 55 , the appropriate reference is changed in this section.

judgment, a reference may be ordered, as in that Rule provided. SOURCE: CCP § 636. COMMENT: Since CCP § 585 has been superseded by GRCP Rule 55 , the appropriate reference is changed in this section. A lso, GRCP Rule 53 contains most matters relative to references, so the section is c hanged to reflect this fact. ---------- ARTICLE 4 REFERENCES AND TRIAL BY REFEREES § 21401. Oath of Referees. § 21402. Grounds of Objection to Referee. § 21403. Objections, How Disposed of. NOTE: CCP §§ 638, 639, 640, 640b, 643, 643a, 644, and 645 all have been superseded by Rule 53 of the Guam Rules of Civil Pr ocedure. § 21401. Oath of Referees. Referees, before commencing the performance of thei r duty, shall be sworn to a faithful and honest performance thereof, and the fact that they have taken such oath shall be certified to on the c ommission by the authority administering the oath. The oath shall be administe red by the clerk of the court or by the judge of the court having jurisdict ion. SOURCE: CCP § 640a. § 21402. Grounds of Objection to Referee . A party may object to the appointment of any perso n as referee, on one or more of the following grounds: (a) Consanguinity or affinity, within

CCP § 640a. § 21402. Grounds of Objection to Referee . A party may object to the appointment of any perso n as referee, on one or more of the following grounds: (a) Consanguinity or affinity, within the third de gree, to either party, or to an officer of a corporation which is a party, or to any judge of the court in which the appointment shall be made ; (b) Standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent , to either party; or being a member of the family of either party; or a partner in business with either party; or security on any bond or oblig ation for either party; COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 7 (c) Having been a witness on any trial between the same parties for the same cause of action; (d) Interest on the part of such person in the eve nt of the action, or in the main question involved in the action; (e) Having formed or expressed an unqualified opin ion or belief as to the merits of the action; (f) The existence of a state of mind in such perso n evincing enmity against or bias to either party. SOURCE: CCP § 641.

or expressed an unqualified opin ion or belief as to the merits of the action; (f) The existence of a state of mind in such perso n evincing enmity against or bias to either party. SOURCE: CCP § 641. 2017 NOTE: Subsection designations altered pursuant to the au thority of 1 GCA § 1606. § 21403. Objections, How Disposed of. The objections taken to the appointment of any pers on as referee must be heard and disposed of by the court. Affidavits m ay be read and witnesses examined as to such objections. SOURCE: CCP § 642. ---------- ARTICLE 5 PROVISIONS RELATING TO TRIALS IN GENERAL § 21501. When a New Trial May Be Granted. § 21502. New Trial; Time Limits. § 21503. Hearing; Setting Time. NOTE: Much of the material in Chapter 6 of Title 8, Guam CCP §(656-663a) has been included in the Guam Rules of Civil Proced ure. Most of the provisions are contained in Rule 59 GRCP. However, that rule, itself, refers to certain sections of the Code of Civil Procedure, indicating that these sections are substantive in character and proper for inclusion w ithin this Chapter. Therefore, the substantive sections will be included within th is Chapter and the procedural sections are omitted as being null

substantive in character and proper for inclusion w ithin this Chapter. Therefore, the substantive sections will be included within th is Chapter and the procedural sections are omitted as being null and void pursuan t to law. Replaced by Rule 59 are §§ 656, 658, 659a, and 662. § 21501. When a New Trial May Be Granted. COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 8 (a) The finding may be vacated and any other decis ion may be modified or vacated; in whole or in part; and a new or further trial granted on all or part of the issues, on the application of th e party aggrieved, for any of the following causes, materially affecting the subs tantial rights of such parties: (1) Irregularity in the proceedings of the court, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial; (2) Accident or surprise, which ordinary prudence could not have guarded against; (3) Newly discovered evidence, material for the pa rty making the application, which he could not, with reasonabl e diligence have discovered and produced at the trial; (4) Excessive damages appearing to have been given under the influence of passion or prejudice; (5)

lication, which he could not, with reasonabl e diligence have discovered and produced at the trial; (4) Excessive damages appearing to have been given under the influence of passion or prejudice; (5) Insufficiency of the evidence to justify the f inding or other decision, and that it is against law; (6) Error in law, occurring at the trial, and exce pted to by the party making the exception. (b) When a new trial is granted on all or part of the issues upon the ground of the insufficiency of the evidence to sust ain the finding, the order shall so specify; otherwise, on appeal from such or der it will be presumed that the order was not based upon that ground. SOURCE: CCP § 657. 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. CROSS-REFERENCES: Rule 59, GRCP. COMMENT: Again, § 657 excludes all references to jury trials . Note that the Guam Rules of Civil Procedure have abolished the need fo r exceptions. However, the issue of juries is covered in the Rules of Civil Procedur e. § 21502. New Trial; Time Limits. The party intending to move for a new trial must, e ither before the entry of judgment or within five days after receiving

s covered in the Rules of Civil Procedur e. § 21502. New Trial; Time Limits. The party intending to move for a new trial must, e ither before the entry of judgment or within five days after receiving wri tten notice of the entry of the judgment, file with the clerk and serve upon th e adverse party a notice of his intention to move for a new trial, designating the grounds upon which the COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 9 motion will be made and whether the same will be ma de upon affidavits or the minutes of the court or both. Said notice shall be deemed to be a motion for a new trial on all the grounds stated in the no tice. The time above shall not be extended by order or stipulation. SOURCE: CCP § 659. § 21503. Hearing; Setting Time. The motion for a new trial shall be heard and deter mined by the judge who presided at the trial. Upon expiration of the t ime to file counter- affidavits, the clerk shall forthwith call the moti on to the attention of the judge who presided at the trial, or the judge actin g in his place as the case may be, and such judge thereupon shall designate th e time for oral argument, if any, to be had on said motion.

n of the judge who presided at the trial, or the judge actin g in his place as the case may be, and such judge thereupon shall designate th e time for oral argument, if any, to be had on said motion. Five days' notice shall be given of such oral argument, if any, by the clerk to the respective pa rties. Such motion, if heard by a judge other than the trial judge, shall be arg ued orally or shall be submitted without oral argument as the judge may di rect, not later than ten days before the expiration of the time within which the court has power to pass on the same. ---------- ARTICLE 6 MANNER OF GIVING AND ENTERING JUDGMENT § 21601. In Replevin, Judgment to be in the Alterna tive and With Damages. § 21602. When a Party Dies After Finding. § 21603. Judgment Roll of Superior Court, Contents. § 21604. Entries in Docket. § 21605. Clerk's Docket. § 21606. Docket to be Opened for Inspection without Charge. § 21607. Judgment a Lien Upon Recording of Abstract . § 21608. Satisfaction of a Judgment. § 21609. Undertaking in Actions to Set Aside transf er of Property. § 21610. Conditions of Undertaking. § 21611. Filing and Serving Undertaking. § 21612. Exceptions to Sureties. § 21613.

a Judgment. § 21609. Undertaking in Actions to Set Aside transf er of Property. § 21610. Conditions of Undertaking. § 21611. Filing and Serving Undertaking. § 21612. Exceptions to Sureties. § 21613. Justification of Sureties. § 21614. New Undertaking. COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 10 § 21615. When Undertaking Becomes Effective. § 21616. Judgment Against Sureties. NOTE: Guam CCP §§ 664 and 668 were repealed by P.L. 13-15 6. Old Rule 79 GRCP was repealed by P.L. 13-157. No CCP § 665 exists. CCP § 666, When Counterclaim Established exceeds Plaintiff's demand, has been superseded by GRCP Rule 54. § 21601. In Replevin, Judgment to be in the Altern ative and With Damages. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detenti on. If the property has been delivered to the plaintiff, and the defendant claims a return thereof, judgment for the defendant may be for a return of t he property or the value thereof, in case a return cannot be had, and damage s for taking and withholding the same.

endant claims a return thereof, judgment for the defendant may be for a return of t he property or the value thereof, in case a return cannot be had, and damage s for taking and withholding the same. In an action on a contract or obligation in writing, for the direct payment of money, made payable in a spec ified kind of money or currency, judgment for the plaintiff, whether it be by default or after verdict, may follow the contract or obligation, and be made payable in the kind of money or currency specified therein; and in all act ions for the recovery of money, if the plaintiff alleges in his complaint th at the same was understood and agreed by the respective parties to be payable in a specified kind or money or currency, and this fact is admitted by the default of the defendant or established by evidence, the judgment for the pl aintiff must be made payable in the kind of money or currency so alleged in the complaint; and in an action against any person for the recovery of mo ney received by such person in a fiduciary capacity, or to the use of an other, judgment for the plaintiff must be made payable in the kind of money or currency so received by such person.

very of mo ney received by such person in a fiduciary capacity, or to the use of an other, judgment for the plaintiff must be made payable in the kind of money or currency so received by such person. SOURCE: CCP § 667. NOTE: CCP § 668 was repealed by P.L. 13-156:1. § 21602. When a Party Dies After Finding. If a party dies after a finding or decision upon an y issue of fact, and before judgment, the Court may nevertheless render judgment thereon. Such judgment is not a lien on the real property of the deceased party, but is payable in the course of administration of his esta te. COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 11 SOURCE: CCP § 669. § 21603. Judgment Roll of Superior Court, Contents . In the Superior Court the following papers, without being attached together, shall constitute the judgment roll: (1) In case the complaint is not answered by any d efendant the summons, with the affidavit or proof of service, th e complaint, the request for entry of default with a memorandum endo rsed thereon that the default of the defendant in not answering was e ntered and a copy of the judgments, and in case the service so made is b y publication, the affidavit for

with a memorandum endo rsed thereon that the default of the defendant in not answering was e ntered and a copy of the judgments, and in case the service so made is b y publication, the affidavit for publication of summons, and the order directing the publication of summons; (2) In all other cases, the pleadings, all orders striking out any pleading in whole or in part, a copy of the verdict of the jury or finding of the Court or referee, and a copy of any order ma de relating to a change of parties and a copy of the judgment; if th ere are two (2) or more defendants in the action and any one of the ha s allowed judgments to pass against him by default, the summo ns, with proof of its service on such defendant and if the service on such defaulting defendants be by publication, then the affidavit fo r publication and the order directing the publication of the summons. SOURCE: CCP § 670 as amended by P.L. 13-156. COMMENT: P.L. 13-156 uses the word master to refer to the same officer who is called referee in the Guam Rules of Civil Procedure. The purpose of amending this Section was to conform the law to the existing practice of the Superior Court.

er to refer to the same officer who is called referee in the Guam Rules of Civil Procedure. The purpose of amending this Section was to conform the law to the existing practice of the Superior Court. There had arisen a number of questions as to exactly what was the judgment roll and when a judgment was final and official. Several cases were reversed by the appellate division of the District Court because they failed to conform with the requirements of law. That court did not co nsider this section to be a matter of procedure. To correct matters, the Legislature adop ted P.L. 13-156 and P.L. 13-157 to conform law to existing practice, which the Legisla ture deemed to be suitable. § 21604. Entries in Docket. Immediately after filing the judgment roll the cler k must make the proper entries of the judgment under appropriate he ads in the docket kept by him. COMMENT: CCP § 671. § 21605. Clerk's Docket. COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 12 The docket mentioned in the last section is a book which the clerk keeps in his office, with each page divided into ni ne (9) columns, and headed as follows: Date of Entry and Docket; Judgment Debtors; Judgmen t Creditors;

the last section is a book which the clerk keeps in his office, with each page divided into ni ne (9) columns, and headed as follows: Date of Entry and Docket; Judgment Debtors; Judgmen t Creditors; Judgment; Time of Entry; Where Entered in Judgment Book; Appeals, When Taken; Judgment of Appellate Court; S atisfaction of Judgment, When Entered. If the judgment is for the recovery of money, the a mount must be stated in the docket under the head of Judgment. If the ju dgment is for any other relief, a memorandum of the general character of th e relief granted must be stated. The names of the judgment debtors must be e ntered in alphabetical order. SOURCE: CCP § 672. COMMENT: Former Rule 79 of the Guam Rules of Civil Procedure defined the clerk's docket. However, this rule has been specifi cally repealed by P.L. 13-157, indicating that it is the Legislature's intent to r etain the provisions of this Section. § 21606. Docket to be Opened for Inspection Withou t Charge. The docket kept by the clerk is open at all times, during office hours, for the inspection of the public, without charge.

of this Section. § 21606. Docket to be Opened for Inspection Withou t Charge. The docket kept by the clerk is open at all times, during office hours, for the inspection of the public, without charge. T he clerk must arrange the several dockets kept by him in such a manner as to facilitate their inspection. SOURCE: CCP § 673. § 21607. Judgment a Lien Upon Recording of Abstrac t. An abstract of the judgment or decree of any court of record of Guam, or of the United States, the enforcement of which h as not been stayed on appeal, certified by the clerk of the Court where s uch judgment or decree was rendered, may be filed with the Director of Lan d Management and from such filing the judgment or decree becomes a lien u pon all the real property of the judgment debtor, not exempt from execution, owned by him at the time, or which he may afterwards and before the lie n expires acquire. Such lien continues for five (5) years from the date of entry of the judgment or decree, unless the enforcement of the judgment or d ecree is stayed on appeal by the execution of a sufficient undertaking as pro vided in this Title, or by statutes of the United States, in which case the li en of the

enforcement of the judgment or d ecree is stayed on appeal by the execution of a sufficient undertaking as pro vided in this Title, or by statutes of the United States, in which case the li en of the judgment or decree, or any lien or liability now existing or he reafter created by virtue of an attachment that has been issued and levied in th e action, unless otherwise by statutes of the United States provided, ceases, or upon an undertaking on COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 13 release of attachment, or unless the judgment or de cree is previously satisfied, or the lien otherwise is discharged. The abstract above-mentioned shall contain the following: Title of the Court and cause and number of the acti on; Date of entry of the judgment or decree; Names of the judgment debtor and of the judgment cr editor; Amount of the judgment or decree; and where entered in judgment roll. SOURCE: CCP § 674. COMMENT: Persons having liens against registered property sh ould make sure that the instrument creating the lien complies with the Land Title Registration Act, which contains additional provisions for registered land.

ving liens against registered property sh ould make sure that the instrument creating the lien complies with the Land Title Registration Act, which contains additional provisions for registered land. See 21 GCA §§ 29192, 31101 and 31102; § 29159 and § 29160. § 21608. Satisfaction of a Judgment. Satisfaction of a judgment may be entered in the cl erk's docket upon an execution returned satisfied, or upon an acknowledg ment of satisfaction filed with the clerk, which may recite payment of the jud gment in full or the acceptance by the judgment creditor of any lesser s um in full satisfaction thereof, made in the manner of acknowledgment of co nveyance of real property, by the judgment creditor, or by his endor sement on the face or on the margin of the record of the judgment, or by the attorney, unless a revocation of his authority is filed. Whenever a ju dgment is satisfied in fact, otherwise than upon an execution, the party or atto rney must give such acknowledgment, or make such endorsement and, upon motion, the court may compel it, or may order the entry of satisfacti on to be made without it. SOURCE: CCP § 675.

party or atto rney must give such acknowledgment, or make such endorsement and, upon motion, the court may compel it, or may order the entry of satisfacti on to be made without it. SOURCE: CCP § 675. NOTE: CCP § 675a, Satisfaction of mortgage recorded , was repealed by P.L. 5-54. § 21609. Undertaking in Actions to Set Aside Trans fer of Property. When an action is commenced to set aside a transfer or conveyance of property on the grounds that such transfer or conve yance was made to hinder, delay or defraud a creditor or creditors, t he transferee or grantee to whom it is alleged the property was transferred or conveyed or the successors or assigns of such transferee or grantee , may give an undertaking as herein provided, and when such undertaking is gi ven as herein provided, the transferee or grantee to whom it is alleged the property was so transferred COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 14 or conveyed to hinder, delay, or defraud creditors, or the successors and assigns of such transferee or grantee, may sell, en cumber, transfer, convey, mortgage, pledge or otherwise dispose of the proper ty, or any part thereof, which is alleged to have been so

cessors and assigns of such transferee or grantee, may sell, en cumber, transfer, convey, mortgage, pledge or otherwise dispose of the proper ty, or any part thereof, which is alleged to have been so transferred or con veyed to hinder, delay, or defraud creditors, so that the purchaser, encumbran cer, transferee, mortgagee or pledgee of such property, will take, own, hold o r possess such property unaffected by such action and suit, or the judgment which may be rendered therein. SOURCE: CCP § 676. § 21610. Conditions of Undertaking. Such undertaking with two sureties shall be execute d by the transferee or grantee to whom it is alleged the property was s o transferred or conveyed to whom it is alleged the property was transferred or conveyed to hinder, delay or defraud creditors, or the successor or ass ign of such transferee or grantee, in double the estimated value of the prope rty so alleged to have been transferred or conveyed; provided in no case need s uch undertaking be for a greater sum than double the amount of the debt or l iability alleged to be due and owing to the plaintiff in such action, commence d to set aside said transfer and conveyance; and where such estimated

reater sum than double the amount of the debt or l iability alleged to be due and owing to the plaintiff in such action, commence d to set aside said transfer and conveyance; and where such estimated v alue of the property so alleged so to have been conveyed is less than the s uch alleged to be due and owing to the plaintiff in the action, such estimate d value shall be stated in the undertaking; and said undertaking shall be cond itioned, that if it be adjudged in said action that the transfer or convey ance was made to hinder, delay or defraud a creditor or creditors, then that the transferee or grantee or the said successors or assigns of such transferee o r grantee giving such undertaking, will pay to the plaintiff in said acti on a sum equal to the value, as the same is estimated in said undertaking, of sa id property alleged to have been transferred or conveyed to hinder, delay or de fraud creditors, or the sum adjudged to be due and owing to the plaintiff i n the action. SOURCE: CCP § 677. § 21611. Filing and Serving Undertaking. Said undertaking shall be filed in the action in wh ich said execution issued and a copy thereof served upon the plaintiff or his attorney in said

CCP § 677. § 21611. Filing and Serving Undertaking. Said undertaking shall be filed in the action in wh ich said execution issued and a copy thereof served upon the plaintiff or his attorney in said action. SOURCE: CCP § 677a. § 21612. Exceptions to Sureties. COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 15 Within ten days after service of the copy of undert aking the plaintiff may object to such undertaking on the ground of ina bility of the sureties, or either of them, to pay the sum for which they becam e bound in said undertaking, and upon the ground that the estimated value of the property therein is less than the market value of such prope rty. Such objection to the undertaking shall be made in writing, specifying th e ground or grounds of objection, and if the objection is made to the unde rtaking that the estimated value therein is less than the market value of the property, such objection shall specify the plaintiff's estimate of the marke t value of the property. Such written objections shall be served upon said transf eree or grantee, or the successors or assigns of such transferee or grantee giving such undertaking. SOURCE: CCP § 678. § 21613.

the property. Such written objections shall be served upon said transf eree or grantee, or the successors or assigns of such transferee or grantee giving such undertaking. SOURCE: CCP § 678. § 21613. Justification of Sureties. When the sureties or either of them are objected to , the surety or sureties so objected to shall justify before the Co urt in which the action is commenced, upon ten days notice of the time when th ey will so justify being given to the plaintiff, or plaintiff's attorney. Up on the hearing and examination into the sufficiency of a surety, witne sses may be required to attend and evidence may be procured and introduced in the same manner as in trial of civil cases. Upon such hearing and exam ination, the Court shall make its order in writing, approving or disapprovin g the sufficiency of the surety or sureties on such undertaking. In case the court disapproves of the surety or sureties on any undertaking, a new undert aking may be filed and served, and to any undertaking given under the prov isions of this Article the same objection to the sureties may be made and the same proceedings had as in the case of the first undertaking filed and serv ed.

d to any undertaking given under the prov isions of this Article the same objection to the sureties may be made and the same proceedings had as in the case of the first undertaking filed and serv ed. SOURCE: CCP § 678a. § 21614. New Undertaking. When objection is made to the undertaking upon the ground that the estimated value of the property, as stated in the u ndertaking, is less than the market value of the property, the transferee or gra ntee giving the undertaking may accept the estimated value stated by the plaint iff in said objection, and a new undertaking may at once be filed, with the plai ntiff's estimate stated therein as the estimated value, and no objection sh all thereafter be made upon that ground; if the plaintiff's estimate of th e market value is not accepted, the transferee or grantee giving such und ertaking, upon ten days notice to the plaintiff, shall move the court in wh ich the action is pending to COL41220177 GCA CIVIL PROCEDURE CH. 21 TRIAL & JUDGMENTS 16 estimate the market value of the property, and upon the hearing of such motion, witnesses may be required to attend and tes tify, and evidence may be produced in the same manner as in the trial of c

estimate the market value of the property, and upon the hearing of such motion, witnesses may be required to attend and tes tify, and evidence may be produced in the same manner as in the trial of c ivil actions. Upon the hearing of the motion the court shall estimate the market value of the property, and if the estimated value of the propert y as made by the Court exceeds the estimated value as stated in the undert aking, a new undertaking shall be filed and served with the market value det ermined by the stated value therein as the estimated value of the propert y. SOURCE: CCP § 679. § 21615. When Undertaking Becomes Effective. The undertaking shall become effective for the purp ose stated in § 21609 of this Article ten days after service of a c opy thereof on the plaintiff, unless objection to such undertaking is made as in this Article provided, and in case objection is so made to the undertaking fil ed and served, the same shall become effective for such purpose when an ord er is made by such court approving the sureties, when the surety or sureties are objected to, or affirming the estimate of the value of property whe n objection is made thereto, or in the case any

rd er is made by such court approving the sureties, when the surety or sureties are objected to, or affirming the estimate of the value of property whe n objection is made thereto, or in the case any objection to the undert aking is sustained by the court when a new undertaking is filed and served as required by this Article, to which no objection if made, or is made, is not s ustained by the court. SOURCE: CCP § 680. § 21615. Judgment Against Sureties. If judgment be rendered in said action that the all eged transfer of conveyance was made to hinder, delay or defraud a c reditor, then judgment shall be rendered in such action without further pr oceeding in favor of plaintiff and against the principal and sureties on said undertaking for the sum for which said undertaking was executed accordi ng to the conditions thereof. SOURCE: CCP § 680a. ---------- COL4122017