Chapter 26

7 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 1 CHAPTER 26 MISCELLANEOUS PROVISIONS Article 1. Proceedings Against Joint Debtors. Article 2. Offer to Compromise. Article 3. Inspection of Writings. Article 4. Motions and Orders. Article 5. Notices, Filing & Service of Papers. Article 6. Costs. Article 7. General Provisions. Article 8. Declaratory Relief. ARTICLE 1 PROCEEDINGS AGAINST JOINT DEBTORS § 26101. When Parties Not Summoned in Action on Joi nt Contract may be Summoned After Judgment. § 26102. What Such Summons Must Contain. § 26103. Affidavit to Accompany Summons. § 26104. What Answer is to Contain. § 26105. What to Constitute Pleadings. § 26106. Issues, How Tried; Findings. § 26101. When Parties Not Summoned in Action on Jo int Contract may be Summoned After Judgment. When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in § 14107 of this Title, those who were not originally served wi th the summons, and did not appear in the action, may be summoned to show c ause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.

summons, and did not appear in the action, may be summoned to show c ause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons. SOURCE: CCP § 989. § 26102. What Such Summons Must Contain. The summons, as provided in the last section, must describe the judgment, and require the person summoned to show c ause why he should not be bound by it, and must be served in the same manner, and returnable within the same time, as the original summons. It i s not necessary to file a new complaint. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 2 SOURCE: CCP § 990. § 26103. Affidavit to Accompany Summons. The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgme nt, or some part thereof, remains unsatisfied, and must specify the amount du e thereon. SOURCE: CCP § 991. § 26104. What Answer is to Contain. Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his li ability on the obligation upon which the judgment was

swer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his li ability on the obligation upon which the judgment was recovered, by reason of any defense existing at the commencement of the action. SOURCE: CCP § 992. § 26105. What to Constitute Pleadings. If the defendant, in his answer, denies the judgmen t, or sets up any defense which may have arisen subsequently, the sum mons, with the affidavit annexed, and the answer, constitute the w ritten allegations in the case; if he denies his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constit ute such written allegations, subject to the right of the parties to amend their pleadings as in other cases. SOURCE: CCP § 993. § 26106. Issues, How Tried; Findings, What to be. The issues formed may be tried as in other cases; b ut when the defendant denies, in his answer, any liability on t he obligation upon which the judgment was rendered, if a finding be found ag ainst him, it must be for not exceeding the amount remaining unsatisfied

fendant denies, in his answer, any liability on t he obligation upon which the judgment was rendered, if a finding be found ag ainst him, it must be for not exceeding the amount remaining unsatisfied on s uch original judgment, with interest thereon. SOURCE: CCP § 994. ---------- ARTICLE 2 OFFER TO COMPROMISE COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 3 § 26201. Offer to Compromise. The defendant may, at time before the trial or judg ment, serve upon the plaintiff an offer to allow judgment to be taken ag ainst him for the sum or property, or to the effect therein specified. If th e plaintiff accepts the offer, and gives notice thereof within five (5) days, he m ay file the offer, with proof of notice of acceptance, and the clerk must t hereupon enter judgment accordingly. If the notice of acceptance be not giv en, the offer is to be deemed withdrawn, and cannot be given in evidence u pon the trial; and if the plaintiff fails to obtain a more favorable judg ment, he cannot recover costs, but must pay the defendant's costs from the time of the offer. SOURCE: CCP § 997. NOTE: See Rule 26 of the GRCP relative to compromises in class actions.

favorable judg ment, he cannot recover costs, but must pay the defendant's costs from the time of the offer. SOURCE: CCP § 997. NOTE: See Rule 26 of the GRCP relative to compromises in class actions. See also 6 GCA, Evidence, § 408. ---------- ARTICLE 3 INSPECTION OF WRITINGS NOTE: CCP § 1000, which is the entire Article, has been s uperseded by Rule 34, and the other rules on Discovery, contained in the Guam Rules of Civil Procedure. ---------- ARTICLE 4 MOTIONS AND ORDERS NOTE: CCP § 1003, Order and Motion Defined, has been superseded by GRCP Rule 7 and so is not printed in here. CCP § 1005, Notice of Motion, what to be given, has been superseded by GRCP Rule 6, and so is not found here. The Guam CCP contained no § 1004. § 26401. Order for Payment of Money, How Enforced. Whenever an order for the payment of a sum of money is made by a court, pursuant to the provisions of this Title, it may be enforced by an execution in the same manner as if it were a judgme nt. SOURCE: CCP § 1007. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 4 ---------- ARTICLE 5 NOTICES , FILING & SERVICE NOTE: CCP § 1010 through § 1013a have been superseded by Rules 5 and 6 of the Guam

7. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 4 ---------- ARTICLE 5 NOTICES , FILING & SERVICE NOTE: CCP § 1010 through § 1013a have been superseded by Rules 5 and 6 of the Guam Rules of Civil Procedure, and, therefore, will not appear here. No § 1015 or § 1016 existed in the original CCP. § 26501. Appearance: Notices After Appearance. § 26502. Service by Telephone or Telegraph. § 26503. Service of Pleadings When Adultery is Char ged. § 26501. Appearance: Notices After Appearance. A defendant appears in an action when he answers, d emurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him. After appearance, a defendant o r his attorney is entitled to notice of all subsequent proceedings of which no tice is required to be given. But where a defendant has not appeared, serv ice of notice or papers need not be made upon him unless he is imprisoned f or want of bail. SOURCE: CCP § 1014. COMMENT: The Superior Court has ruled that this section has not been repealed or changed and, therefore, the California interpretati on relative to special appearances is still in effect. Manley, et al. v.

T: The Superior Court has ruled that this section has not been repealed or changed and, therefore, the California interpretati on relative to special appearances is still in effect. Manley, et al. v. Fireman's Fund Ins. Co., et al., Decision and Order dated 1/30/90. However, the federal courts have held that Rule 12( b) has, in effect, abolished special appearances because of its treatment of mot ions to dismiss for lack of jurisdiction, and for other reasons. Republic International Corp. v. Amco Engineers, Inc., 516 F.2d 161, 165 (9th Cir. 1975) citing Dragor Shipping Corp. v. Union Tank Car Co., 378 F.2d 241, 243 n.2 (9th Cir. 1967) and 2A, Moor e, Federal Practice § 12.12. See also Solo Cup Co. v. Paper Machinery Corp., 359 F.2d 754, 758-9 (7th Cir. 1966) for the basis of this ruling. It is important to note that when the Legislature e nacted § 2206 of this Title, permitting Rules of Procedure to supersede this Tit le, it copied 28 U.S.C. § 2072 in its material parts. Thus it appears to the Compiler that the federal, not California, intent was the Legislative intent when moving from the procedures of this Title to those of the Rules. § 26502. Service by Telephone or Telegraph.

rs to the Compiler that the federal, not California, intent was the Legislative intent when moving from the procedures of this Title to those of the Rules. § 26502. Service by Telephone or Telegraph. Any summons, writ, or order in any civil suit or pr oceeding, and all other papers requiring service, may be transmitted by telephone or telegraph for service in any place, and the telephone or tele graphic copy of such writ, COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 5 or order, or paper so transmitted, may be received or executed by the officer or person to whom it is sent for that purpose, and returned by him, if any return be requisite, in the same manner, and with t he same force and effect in all respects as the original thereof might be if de livered by him, and the officer or person serving or executing the same has the same authority, and is subject to the same liabilities as if the copy were the original. SOURCE: CCP § 1017. NOTE: No § 1018 existed in the original CCP. § 26503. Service of Pleadings When Adultery is Cha rged. When in an action for divorce, adultery is charged against either party, and the person with whom such adultery is alleged t o have

ginal CCP. § 26503. Service of Pleadings When Adultery is Cha rged. When in an action for divorce, adultery is charged against either party, and the person with whom such adultery is alleged t o have been committed by such party is named in any of the pleadings, a c opy of such pleadings must be personally served on such named person; or in case such named person cannot be found, such notice of the action a nd of the connection of such person therewith shall be given as shall be or dered by the court; the said person so served shall have the right to appea r and plead and be heard in such action in the same manner and to the same exte nt as the parties to the action. SOURCE: CCP § 1019. ---------- ARTICLE 6 C OSTS § 26601. Compensation of Attorneys; Cost to Parties . § 26602. When Allowed of Course to the Plaintiff. § 26603. Costs and Attorney’s Fees Allowed to Gover nment Employees in Cases Against the Government of Guam. § 26603.1. Attorney’s Fees. § 26604. Attorney’s Fees in Support Cases. § 26605. Several Actions Have the Costs of One. § 26606. When Defendant's Costs to be Allowed. § 26607. When Costs may and may not be Apportioned. § 26608. When Costs may be Severed. § 26609.

Cases. § 26605. Several Actions Have the Costs of One. § 26606. When Defendant's Costs to be Allowed. § 26607. When Costs may and may not be Apportioned. § 26608. When Costs may be Severed. § 26609. Costs on Appeal. § 26610. Referee's Fees. § 26611. Costs Imposed Upon Continuance. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 6 § 26612. Costs When Tender Made Before Suit. § 26613. Costs in Action by or Against an Administr ator. § 26614. Costs on Review Other than by Appeal. § 26615. Affidavit Must be Filed with Costs. § 26616. Nonresident Plaintiff may be Required to G ive Security for Costs. § 26617. Action may be Dismissed if Security is Not Given. § 26601. Compensation of Attorneys; Cost to Partie s . (a) In any action for damages for personal injury o r death, whether based on tort or contract law, or otherwise, no att orney representing any party to such action shall contract for, or charge or collect on a contingent fee basis any fee for his services for such party i n excess of the following limits: (1) Fifty percent (50%) on the first One Thousand D ollars ($1,000.00) recovered; (2) Forty percent (40%) on the next Two Thousand Do llars ($2,000.00)

such party i n excess of the following limits: (1) Fifty percent (50%) on the first One Thousand D ollars ($1,000.00) recovered; (2) Forty percent (40%) on the next Two Thousand Do llars ($2,000.00) recovered; (3) Thirty-three and one-third percent (33 1/3%) o n the next Forty-seven Thousand Dollars ($47,000.00) recovered ; (4) Twenty percent (20%) on the next Fifty Thousand Dollars ($50,000.00) recovered; (5) Ten percent (10%) on any amount recovered over One Hundred Thousand Dollars ($100,000.00); and (6) Where the amount recovered is for the benefit o f an infant or incompetent and the action is settled without trial the foregoing limits shall apply, except that the fee on any amount reco vered up to Fifty Thousand Dollars ($50,000.00) shall not exceed twen ty-five percent (25%). (b) No attorney shall enter into such contingent fe e arrangement with his client without first advising the client of thi s right and affording the client an opportunity to retain the attorney under an arra ngement whereby the attorney would be compensated on the basis of the r easonable value of his services. COL32420157 GCA CIVIL PROCEDURE CH.

client an opportunity to retain the attorney under an arra ngement whereby the attorney would be compensated on the basis of the r easonable value of his services. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 7 (c) Such contingent legal fee shall be computed on the net sum recovered by the client after deducting disbursemen ts made in connection with the institution and prosecution of the client' s claim and litigation. (d) The contingent legal fee within the permissible maximum limits shall include legal services rendered on any appeal or review or on any retrial, but this shall not be deemed to require an attorney to take an appeal. (e) If, at the conclusion of any such action for da mages, an attorney considers that the contingent fee within such maxim um limits to be insufficient, he may apply to the court, with writt en notice to the client, for an increase in the fee, which the court after a hea ring may grant in such amount, if any, as is deemed reasonable in all of t he circumstances. (f) In all cases not included within the scope of s ubsection (a) of this section alone, the measure and mode of compensation of attorneys and counselors at law is left to

all of t he circumstances. (f) In all cases not included within the scope of s ubsection (a) of this section alone, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express ed or implied, of the parties. (g) Parties to actions or proceedings are entitled to costs and disbursements, as hereinafter provided. SOURCE: CCP § 1021 repealed and reenacted by P.L. 13-116:2 (12/13/75). CROSS-REFERENCES: 7 GCA 9A, Article 2, as amended. This article conta ins the requirement for written retainers, in addition to o ther matters. See also Rule 1.5, Guam Rules of Professional Conduct [for Attorneys], 7 GC A Appendix. § 26602. When Allowed of Course to the Plaintiff. Except as otherwise expressly provided in this Titl e costs are allowed of course to the plaintiff upon a judgment in his favo r in the following cases: (a) In an action for the recovery of real property ; (b) In an action to recover the possession of pers onal property; (c) In an action for the recovery of money or dama ges; (d) In a special proceedings; (e) In an action which involves the title or posse ssion of real estate. SOURCE: CCP § 1022.

pers onal property; (c) In an action for the recovery of money or dama ges; (d) In a special proceedings; (e) In an action which involves the title or posse ssion of real estate. SOURCE: CCP § 1022. An item (6) was added to this section b y P.L. 17-29:11 and later repealed by P.L. 18-9:27. 2015 NOTE: Subsection designations were altered to adhere to the Compiler’s alpha- numeric scheme pursuant to the authority granted by 1 GCA § 1606. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 8 § 26603. Costs and attorney’s fees allowed to the Government of Guam employees in cases against the government of Guam . Costs and reasonable attorney’s fees shall be allow ed of course to a government of Guam employee upon a judgment in the employee's favor in cases against the government of Guam in which the e mployee seeks to enforce plaintiff's employment rights as a governme nt employee, whether or not plaintiff has ceased to be an employee at the t ime of the filing of the action, upon a judgment in plaintiff's favor, in wh ich the court or jury funds that the employee has been deprived of his or her r ights as an employee of the government of Guam.

f the filing of the action, upon a judgment in plaintiff's favor, in wh ich the court or jury funds that the employee has been deprived of his or her r ights as an employee of the government of Guam. This Section shall be appli cable to costs and attorney’s fees incurred in any action filed on or after January 1, 1983. SOURCE: CCP § 1022.1 added by P.L. 18-9:26 (7/23/85). CROSS-REFERENCES: See 5 GCA § 32109, relative to granting Attorney Fe es and Costs in consumer actions. See 4 GCA § 4406.1, amended by P.L. 21-136:26 relat ive to costs for prevailing government employees in Civil Service actions and a ppeals therefrom. § 26603.1. Attorney’s Fees. In any action or proceeding to enforce a provision of the Every Child is Entitled to an Adequate Public Education Act, the c ourt, in its discretion, may allow the prevailing party reasonable attorney’ s fee as part of the costs. SOURCE: Added by P.L. 28-045:18, effective, October 1, 200 7, per P.L. 28-045:23. § 26604. Attorney’s Fees in Support Cases. Attorney’s fees may be awarded in all domestic case s against any person who is found by the Superior Court of Guam t o have willfully withheld and failed to pay child support or who is

upport Cases. Attorney’s fees may be awarded in all domestic case s against any person who is found by the Superior Court of Guam t o have willfully withheld and failed to pay child support or who is found to have wrongfully refused visitation to a noncustodial parent. SOURCE: CCP § 1022.2 added by P.L. 18-17:48 (10/5/85). § 26605. Several Actions Have the Costs of One. When several actions are brought on one bond, under taking, promissory note, bill of exchange, or other instrum ent in writing, or in any other case for the same cause of action, against se veral parties who might have been joined as defendants in the same action, no costs can be allowed to the plaintiff in more than one of such actions, which may be at his election, if the party proceeded against in the oth er actions were, at the commencement of the previous action, openly within the Territory of Guam; but the disbursements of the plaintiff must be allo wed to him in each action. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 9 SOURCE: CCP § 1023. § 26606. When Defendant's Costs to be Allowed. Costs must be allowed of course to the defendant up on a judgment in his favor in the actions mentioned

6 MISCELLANEOUS PROVISIONS 9 SOURCE: CCP § 1023. § 26606. When Defendant's Costs to be Allowed. Costs must be allowed of course to the defendant up on a judgment in his favor in the actions mentioned in § 26602 and i n special proceedings. SOURCE: CCP § 1024. § 26607. When Costs May and May Not be Apportioned . In other actions than those mentioned in § 26602, c osts maybe allowed or not, and, if allowed, may be apportioned between the parties, on the same or adverse sides, in the discretion of the court; b ut no costs can be allowed the plaintiff when the judgment is one which could have been rendered by an inferior court. SOURCE: CCP § 1025. § 26608. When Costs may be Severed. When there are several defendants in the actions me ntioned in § 26602, not united in interest, and making separate defense s by separate answers, and plaintiff fails to recover judgment against all, th e court must award costs to such of the defendants as have judgment in their fa vor. SOURCE: CCP § 1026. § 26609. Costs on Appeal. The prevailing party on appeal shall be entitled to his costs excepting when judgment modified, and in that event the matte r of costs is within the discretion of the appellate

6609. Costs on Appeal. The prevailing party on appeal shall be entitled to his costs excepting when judgment modified, and in that event the matte r of costs is within the discretion of the appellate court. SOURCE: CCP § 1027. § 26610. Referee's Fees. The fees of referees are Two Dollars ($2.00) to eac h for every day spent in the business of the reference; but the parties m ay agree in writing, upon any other rate of compensation, and thereupon such rates shall be allowed. SOURCE: CCP § 1028. § 26611. Costs Imposed upon Continuance. When an application is made to a court or referee t o postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the court or referee, as a condition of granting the same. SOURCE: CCP § 1029. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 10 § 26612. Costs When Tender Made Before Suit. When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for plaintiff, the amo unt so tendered, and the allegation be found to be

ncement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for plaintiff, the amo unt so tendered, and the allegation be found to be true, the plaintiff canno t recover costs, but must pay costs to the defendant. SOURCE: CCP § 1030. § 26613. Costs in Action by or Against an Administr ator. In an action prosecuted or defended by an executor, administrator, trustee of express trust, or a person expressly aut horized by law; costs may be recovered as in action by and against a person p rosecuting or defending in his own right; but such costs must, by the judgment , be made chargeable only upon the estate, fund, or party represented, u nless the court directs the same to be paid by the plaintiff or defendant, pers onally, for mismanagement or bad faith in the action or defense. SOURCE: CCP § 1031. § 26614. Costs on Review Other Than by Appeal. When the decision of a court of inferior jurisdicti on in a special proceeding is brought before a court of higher juri sdiction for a review, in any other way than by appeal, the same costs must b e allowed as in cases on appeal, and may be collected by execution, or in su ch

is brought before a court of higher juri sdiction for a review, in any other way than by appeal, the same costs must b e allowed as in cases on appeal, and may be collected by execution, or in su ch manner as the court may direct, according to the nature of the case. SOURCE: CCP § 1032. § 26615. Affidavit Must be Filed with Costs. The party in whose favor the judgment is ordered, a nd who claims his costs, must serve upon the adverse party, and file at any time after the decision of the court, and not later than five days after notice of the entry of the judgment, a memorandum of the items of his cost s and necessary disbursements in the action or proceeding, which me morandum must be verified by the oath of the party, or his attorney or agent, stating that to the best of his knowledge and belief the items are corr ect, and that the disbursements have been necessarily incurred in the action or proceeding. A party dissatisfied with the costs claimed may, with in five days after service of a copy of the bill of costs, file a motion to ha ve the same taxed by the COL32420157 GCA CIVIL PROCEDURE CH.

ding. A party dissatisfied with the costs claimed may, with in five days after service of a copy of the bill of costs, file a motion to ha ve the same taxed by the COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 11 court in which the judgment was rendered, or by the judge thereof in chambers. SOURCE: CCP § 1033. CROSS-REFERENCES: For Rule on costs, see GRCP Rule 54. For the law on oaths and signing 'subject to the pe nalties for perjury', see 6 GCA § 4308. § 26616. Nonresident Plaintiff May be Required to Give Security for Costs. When the plaintiff in an action or special proceedi ng resides out of the Territory of Guam, or is a foreign corporation, sec urity for the costs and charges which may be awarded against such plaintiff may be required by the defendant. When required, all proceedings in the ac tion or special proceeding must be stayed until an undertaking, exe cuted by two or more persons, is filed with the clerk, to the effect tha t they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action or special proceeding, not e xceeding the sum of Three Hundred Dollars ($300.00).

will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action or special proceeding, not e xceeding the sum of Three Hundred Dollars ($300.00). A new or additional unde rtaking may be ordered by the court or judge, upon proof that the original undertaking is insufficient security, and proceedings in the action or special proceeding stayed until such new or additional undertaking is executed and filed. SOURCE: CCP § 1036. § 26617. Action may be Dismissed if Security is No t Given. After the lapse of thirty (30) days from the servic e of notice that security is required, or of an order for new or add itional security, upon proof thereof, and that no undertaking as required has be en filed, the court or judge may order the action or special proceeding to be dismissed. SOURCE: CCP § 1037. NOTE: CCP § 1038, Costs allowed in various courts, was re pealed by P.L. 12-85. ---------- ARTICLE 7 GENERAL PROVISIONS § 26701. Trust Company May be Appointed as Executor , etc. § 26702. Lost papers, How Supplied. § 26703. Papers Without Caption May be Valid. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 12 § 26704.

mpany May be Appointed as Executor , etc. § 26702. Lost papers, How Supplied. § 26703. Papers Without Caption May be Valid. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 12 § 26704. Filing of Certain Papers Nunc Pro Tunc. § 26705. Successive Actions on the Same Contract. § 26706. Severance and Consolidation of Actions. § 26707. When Actions Deemed Pending. § 26708. Actions to Determine Adverse Claims, and b y Sureties. § 26709. When Testimony to be Taken by Clerk. § 26710. Clerk to Keep Register of Actions. § 26711. Number of Referees Which May Act. § 26712. Extension of Time. § 26713. Action Against Officers for Official Acts. § 26714. Corporations May Become Sureties. § 26715. Government of Guam Not Required to Give Bo nd. § 26716. Substitution of Surety. § 26701. Trust Company may be Appointed as Executo r, Etc. Any corporation authorized to conduct the business of a trust company in Guam may be appointed and act as an executor, ad ministrator, guardian of an estate, assignee, receiver, depositary, or trust ees in like manner as an individual. When so appointed the trust company sha ll not be required to give bond therefor. SOURCE: CCP § 1043. § 26702.

an estate, assignee, receiver, depositary, or trust ees in like manner as an individual. When so appointed the trust company sha ll not be required to give bond therefor. SOURCE: CCP § 1043. § 26702. Lost Papers, How Supplied. If an original pleading or paper is lost, the court may authorize a copy thereof to be filed and used instead of the origina l. SOURCE: CCP § 1045. § 26703. Papers Without Title, etc., May Be Valid. An affidavit, notice, or other paper without the ti tle of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if i t intelligibly refers to such action or proceeding. SOURCE: CCP § 1046. § 26704. Filing of Certain Papers Nunc Pro Tunc. In all cases brought under the provisions of any la w providing for the establishment and quieting of title to real propert y in cases where the public records in the Department of Land Management have b een, or shall hereafter be, lost or destroyed, in whole or in any material part, by flood, fire, or COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 13 earthquake, all papers filed under order of court n unc pro tunc as of the date

in whole or in any material part, by flood, fire, or COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 13 earthquake, all papers filed under order of court n unc pro tunc as of the date when they should have been filed, shall have the sa me force and effect as if filed on the date when they should have been filed. SOURCE: CCP § 1046a. § 26705. Successive Actions on the Same Contract. Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a ne w cause of action arises therefrom. SOURCE: CCP § 1047. § 26706. Severance and Consolidation of Actions. An action may be severed and actions may be consoli dated, in the discretion of the court, whenever it can be done wi thout prejudice to a substantial right. SOURCE: CCP § 1048. § 26707. When Actions Deemed Pending. An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. SOURCE: CCP § 1049. NOTE: See Corn v. Guam Coral, 318 F.2d 622 (1963). § 26708. Actions to Determine Adverse Claims, and by Sureties.

e for appeal has passed, unless the judgment is sooner satisfied. SOURCE: CCP § 1049. NOTE: See Corn v. Guam Coral, 318 F.2d 622 (1963). § 26708. Actions to Determine Adverse Claims, and by Sureties. An action may be brought by one person against anot her for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obliga tion; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a sur ety. SOURCE: CCP § 1050. § 26709. When Testimony to be Taken by Clerk. On the trial of an action in a court of record, if there be no shorthand reporter or the court in attendance, either party m ay require the clerk to take down the testimony in writing. SOURCE: CCP § 1051. § 26710. Clerk to Keep Register of Actions. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 14 The clerk must keep among the records of the court a register of actions. He must enter therein the title of the act ion, with brief notes under it, from time to time, of all papers filed and proceedi ngs had therein. SOURCE: CCP § 1052.

of the court a register of actions. He must enter therein the title of the act ion, with brief notes under it, from time to time, of all papers filed and proceedi ngs had therein. SOURCE: CCP § 1052. CROSS-REFERENCES: See GRCP Rule 79(b). § 26711. Number of Referees Which May Act. When there are three referees, or three arbitrators , all must meet, but two of them may do any act which might be done by a ll. § 26712. Extension of Time. When an act to be done, as provided in this Title, relates to the pleadings in the action, or the undertaking to be f iled, or the justification of sureties, or the preparation of bills of exceptions , or amendments thereto, or to service of notices other than of appeal, the tim e allowed by this Title, unless otherwise expressly provided, may be extende d, upon good cause shown, by the judge of the court having jurisdictio n or by the judge who presided at the trial of said action; but such exte nsion shall not exceed thirty (30) days, without the consent of the adverse party . SOURCE: CCP § 1054. NOTE: Exceptions have been abolished in Guam. See Guam Ru les of Civil Procedure and Appellate Rules for the District Court of Guam. § 26713.

ut the consent of the adverse party . SOURCE: CCP § 1054. NOTE: Exceptions have been abolished in Guam. See Guam Ru les of Civil Procedure and Appellate Rules for the District Court of Guam. § 26713. Action Against Officers for Official Acts . If an action is brought against any officer or pers on for an act, for the doing of which he had theretofore received any vali d bond or covenant of indemnity, and he gives seasonable notice thereof i n writing to the persons who executed such bond or covenant, and permits the m to conduct the defense of such action, the judgment recovered ther ein is conclusive evidence against the persons so notified; and the c ourt may, on motion of the defendant, upon notice of five days, and upon proof of such bond or covenant, and of such notice and permission, enter judgment against them for the amount so recovered and costs. SOURCE: CCP § 1055. § 26714. Corporations May Become Sureties. In all cases where an undertaking or bond, with any number of sureties, is authorized or required by any provision of this Title, or of any law of Guam, any corporation incorporated under the laws o f Guam or any state of COL32420157 GCA CIVIL PROCEDURE CH.

of sureties, is authorized or required by any provision of this Title, or of any law of Guam, any corporation incorporated under the laws o f Guam or any state of COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 15 the United States for the purpose of making, guaran teeing, or becoming a surety upon bonds or undertakings required or autho rized by law, or which, by the laws of the state where it was originally in corporated has such power, and which shall have complied with all the requirem ents of the law of Guam regulating the formation, licensing, or admission o f those corporations to transact such business in Guam, may become and may be accepted as sole and sufficient surety upon such undertaking or bond , and such corporate surety shall be subject to all the liabilities and entitled to all the rights of natural persons' sureties. Any undertaking or bond furnished under this sectio n must be approved by the judge of the court having jurisdiction befor e it shall be deemed to be in effect. SOURCE: CCP § 1056 added by P.L. 4-91. § 26715. Government of Guam Not Required to Give B ond.

st be approved by the judge of the court having jurisdiction befor e it shall be deemed to be in effect. SOURCE: CCP § 1056 added by P.L. 4-91. § 26715. Government of Guam Not Required to Give B ond. In any civil action or proceeding wherein the gover nment of Guam is a party plaintiff or defendant, or any officer, in hi s official capacity or on behalf of the government of Guam, is a party plaint iff or defendant, no bond, written undertaking, or security can be required of the government of Guam or any officer thereof. SOURCE: CCP § 1058. § 26716. Substitution of Surety. Whenever any surety on an undertaking on appeal, ex ecuted to stay proceedings upon a money judgment, pays the judgmen t, either with or without action, after its affirmation by the appell ate court, he is substituted to the rights of the judgment creditor, and is entitle d to control, enforce, and satisfy such judgment in all respects as if he had recovered the same. SOURCE: CCP § 1059. ---------- ARTICLE 8 DECLARATORY JUDGMENTS § 26801. Declaratory Relief. § 26802. Remedy Cumulative. § 26801. Declaratory Relief. COL32420157 GCA CIVIL PROCEDURE CH.

ered the same. SOURCE: CCP § 1059. ---------- ARTICLE 8 DECLARATORY JUDGMENTS § 26801. Declaratory Relief. § 26802. Remedy Cumulative. § 26801. Declaratory Relief. COL32420157 GCA CIVIL PROCEDURE CH. 26 MISCELLANEOUS PROVISIONS 16 Any person interested under a deed, will, or other written instrument, or under a contract, or who desires a declaration o f his rights or duties with respect to another, or in respect to, in, over, or upon property, or with respect to the location of the natural channel of a water c ourse, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an action in the court having jurisd iction for a declaration of his rights and duties in the premises, including a determination of any question of construction or validity arising under such instrument or contract. He may ask for a declaration of rights or duties, either alone or with other relief; and the court may make a binding decl aration of such rights or duties, whether or not further relief is or could b e claimed at the time. The declaration may be either affirmative or negative i n form and effect, and such declaration shall have the force of a

or duties, whether or not further relief is or could b e claimed at the time. The declaration may be either affirmative or negative i n form and effect, and such declaration shall have the force of a final ju dgment. Such declaration may be had before there has been any breach of the obligation in respect to which said declaration is sought. SOURCE: CCP § 1060. § 26802. Remedy Cumulative. The remedies provided in this Article are cumulativ e, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party to such action, an d no judgment under this Article shall preclude any party from obtaining add itional relief based upon the same facts. SOURCE: CCP § 1062. NOTE: Sections 1061 and 1062a have been superseded by Rul e 57 of the Guam Rules of Civil Procedure and, therefore, will not b e inserted here. ---------- COL3242015