Federal Rules of Civil Procedure - CivlProcedure.info Logo

Guam Rules of Civil Procedure

 

 

Because the rules of civil procedure may change from time to time, please check the Guam Courts website for updated and complete rules of civil procedure in Guam.

 

Please visit the Guam Compiler of Laws website for all Court Rules in Guam.

 


 

Rules of Civil Procedure in Guam:

 

Rule 4. Process.

(a) Summons Issuance. CivilProcedure.info - Glaeser Enterprises, LLC

 

Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver the summons to the plaintiff or the plaintiff's attorney, who shall be responsible for prompt service of the summons and a copy of the complaint. Upon request of the plaintiff separate or additional summons shall issue against any defendants.

(b) Form of Summons.

 

The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of the defendant's failure to do so judgment by default will be entered against the defendant for the relief demanded in the complaint. CivilProcedure.info - Glaeser Enterprises, LLC

(c) Service.

(1) Process, other than a subpoena or a summons and complaint, shall be served by a marshal or deputy marshal of the Superior Court, or by a person specially appointed for that purpose.


(2)

(A) A summons and complaint shall, except as provided in subparagraphs (B) and (C) or this paragraph, be served by any person who is not a party and is not less than 18 years of age.


(B) A summons and complaint shall, at the request of the party seeking service or such party's attorney, be served by a marshal or deputy marshal, of the Superior Court, or by a person specially appointed by the court for that purpose, only --

(i) on behalf of a party authorized to proceed in forma pauperis;
(ii) on behalf of the government of Guam or an officer or agency of the government of Guam; or
(iii) pursuant to an order issued by the court stating that a Superior Court marshal or deputy Superior Court marshal, or a person specially appointed for that purpose, is required to serve the summons and complaint in order that service be properly effected in that particular action.

(C) A summons and complaint may be served upon a defendant of any class referred to in (1) or (3) of subdivision (d) of this rule --

(i) pursuant to these Rules or any applicable law of Guam.
(ii) [Omitted]

(D) [Omitted] CivilProcedure.info - Glaeser Enterprises, LLC
(E) [Omitted]

(3) The court shall freely make special appointments to serve summonses and complaints under paragraph (2)(B) of this subdivision of this rule and all other process under paragraph (1) of this subdivision of this rule.

(d) Summons and Complaint: Person to be Served.

 

The summons and complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows:

(1) Upon an individual other than an infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.

(2) Upon an infant under the age of 14 years, residing in Guam, to such minor, personally, and also to his father, mother, or guardian, or if there be none 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.


(2a) Upon a person who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs and for whom a guardian has been appointed, to such person, and also to his guardian.

(3) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.

 

(3a) In addition, upon a foreign corporation in accordance with Guam law.


(4) Upon the government of Guam by delivering a copy of the summons and of the complaint to the Attorney General of Guam, and in any action attacking the validity and order of an officer or agency of the government of Guam not made a party, by also sending a copy of the summons and of the complaint to such officer or agency.

 

(5) Upon an officer or agency of the government of Guam, by serving the Attorney General and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation, the copy shall be delivered as provided in paragraph (3) of this subdivision of this rule.

(e) Summons B Service Upon Party Not Inhabitant of, or Found Within Guam.


Whenever a statue or order of court thereunder provides for service of a summons, or of a notice, or of an order in lieu of a summons upon a party not an inhabitant of, found within Guam, service shall be made by publication in a newspaper of general circulation for the prescribed time and by mailing such summons, notice or order to the last known residence (or post office box) of such party. Where a residence address and a post office box are know, service shall be made on both. Publications shall be proved by affidavit of an officer or agent of the publisher, stating the dates of publication with an attached copy of the order as published. Service by mail shall be accomplished by any form of U.S. postal delivery that provides for written proof of mailing, written proof of delivery and restricted delivery to the addressee only. Mailing shall be proved by affidavit establishing that the address employed is the most current mailing address known for the party being served, that a copy of the summons (notice or order) and the complaint were deposited with the U.S. Post Office, properly addressed, and having attached thereto the Postal receipts reflecting a form of mailing prescribed above.


(f) [Omitted]


(g) Summons -- Return.

 

The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. If the process is made by a person other than the marshal or his deputy, he shall make affidavit thereof. Failure to make proof of service does not affect the validity of the service.


(h) Summons - Amendment. CivilProcedure.info - Glaeser Enterprises, LLC

 

At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.


SOURCE: GRCP Rule 4; FRCP 1987 Amendments; Guam Bar Rules Committee.
Rule 4(e) amended by Order of the Supreme Court of Guam dated Nov. 20, 1997 and
Aeffective immediately@.
CROSS-REFERENCE: 7 GCA '21104 - Default. 1 GCA '717 - Notice, How Given.


NOTE: The original Guam Rules and the publication of the Rules contained in the
Code of Civil Procedure (1970) (Bohn, ed.) have the complete text of the Federal rule.
It seems certain, therefore, that this full text was adopted by the Judicial Council in
1969. The late Judge Raker regarded the omission of service upon the person
individually as unintentional and read this rule as if it contained the full text, since
there is no apparent reason to omit service on the defendant personally. Federal Rule
4(d)(6) and 4(d)(7) were wholly and intentionally omitted both in 1969 and in 1975.
COMMENT: 1. Committee approved Rule 4(a) as amended in FRCP 1987
amendments.
2. Subsection (b) -- Committee approved 1987 FRCP amendments, but excluded
final sentence thereof relating to statutes of other jurisdictions. This sentence is
inapplicable to Guam and could cause confusion between these Rules and the Code of
Civil Procedure.
3. Subsection (c) -- Committee approved using FRCP 1987 amendments except
(c)(2)(C)(ii) permitting service of summons via ordinary mail and providing sanctions
against a defendant for failure to answer. Other parts of the Rule have been changed to
show this omission. Commentators have criticized this part of the federal amendments.
The Committee believed that mail service could cause undue problems, considering
the state of our mails and impose undue costs on a defendant.
4. Subsection (d) -- Committee followed a combination of the 1987 FRCP and
Guam Rules.
(2) & (2a) -- Guam Rules followed in order to refer to Guam laws and
practice with respect to incompetent persons and persons having a guardian.
(3a) -- Added an additional reference to Guam law in order to reflect CCP
417 and 418 (P.L. 18-17:45 & 46) - Jurisdiction over non-resident defendants.
Also see CCP 411 and 412, dealing with service of summons on foreign
corporations and by publication. (Enacted by P.L. 13-131:1 & 2).
(f) -- Omitted as having no reference to Guam's situation.
(i) - Omitted. See Guam Rule 3(a) and the Comment, above. Guam law
covers this subject.
(1998) Rule 4(e). This Rule 4(e) was amended to provide clearly for constitutional
service of process by mail and publication. The prior rule was declared invalid by
Superior Court Judge B.J. Cruz following a period when other judges had upheld the
Rule.
The word ATerritory@ replaced by AGuam@ in accord with the of P.L. 24-89.
Rule 5. Service and Filing of Pleadings and Other Papers.
(a) Service, When Required. Except as otherwise provided in these
rules, every order required by its terms to be served, every pleading
subsequent to the original complaint, unless the court otherwise orders
because of numerous defendants, every written motion other than one which
may be heard ex parte; and every written notice, appearance, demand, offer
of judgment, designation of record on appeal, and similar papers shall be
served on each of the parties. No service need be made on parties in default
for failure to appear, except that pleadings asserting new or additional
claims for relief against them shall be served upon them in the manner
provided for service of summons in Rule 4.
In an action brought by seizure of property, in which no person need be
or is named as a defendant, any service required to be made prior to the
filing of an answer, claim or appearance shall be made upon the person
having custody or possession of the property at the time of the seizure.
(b) Service - How Made. Whenever under these rules service is
required or permitted to be made upon a party represented by an attorney,
the service shall be made upon the attorney unless service upon the party
himself is ordered by the court. Service upon the attorney or upon a party
shall be made by delivering a copy to him or by mailing it to him at his last
known address or, if no address is known, by leaving it with the clerk of the
court. Delivery of a copy within this rule means: Handing it to the attorney
or to the party; or leaving it at his office with his clerk or other person in
charge thereof; or, if there is no one in charge, leaving it in a conspicuous
place therein; or, if the office is closed or the person to be served has no
office, leaving it at his dwelling house or usual place of abode with some
person of suitable age and discretion then residing therein. Service by mail
is complete upon mailing.
(c) Service - Numerous Defendants. In any action in which there are
unusually large numbers of defendants, the court, upon motion or of its own
initiative, may order that service of the pleadings of the defendants and
replies thereto need not be made as between the defendants and that any
cross-claim, counterclaim, or matter constituting an avoidance or affirmative
defense contained therein shall be deemed to be denied or avoided by
all other parties, and that the filing of any such pleading and service thereof
upon the plaintiff constitutes due notice of it to the parties. A copy of every
such order shall be served on the parties in such manner and form as the
court directs.

 


 

Rule 45. Subpoena.

(a) For Attendance of Witness; Form; Issuance.

 

Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service.


(b) For Production of Documentary Evidence.

 

A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein, but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.


(c) Service.

 

A subpoena may be served by the marshal, or by a deputy marshal, or by any other person who is

not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to that person the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the Government of Guam or an officer or agency thereof, fees and mileage need not be tendered.

 

(d) Subpoena for Taking Deposition: Place of Examination.

(1) Proof of service of a notice to take a deposition as provided in Rules 30(b) and 31 (a) constitutes a sufficient authorization for the issuance by the clerk of the court of subpoenas for the persons named or described therein. Proof of service may be made by filing with the clerk of court a copy of the notice together with a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26(b), but in that event the subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of this rule.

The person to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.

(2) A person to whom a subpoena for the taking of a deposition is directed may be required to attend at any place within the territory of Guam or, if the deposition is to be taken outside of Guam, at any place within 100 miles from the place where that person resides, is employed or transacts business in person, or is served, or at such other convenient place as is fixed by an order of court.

(e) Subpoena for a Hearing or Trial. CivilProcedure.info - Glaeser Enterprises, LLC

(1) At the request of any party a subpoena for attendance at a hearing or trial shall be issued by the clerk of court. The subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within Guam, or at any place outside of Guam, but no witness who is outside of Guam may be compelled to attend unless witness fees and transportation are provided to that witness and unless the jurisdiction wherein the witness is located permits compelled attendance in such circumstances.


(2) A subpoena directed to a witness in a foreign country shall issue under the circumstances and in the manner and be served as provided in law.

(f) Contempt.

 

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.


SOURCE: GRCP Rule 45. Includes all FRCP amendments and new subsection (e).
Additions are from FRCP and were not in former GRCP.
CROSS-REFERENCE: 6 GCA '7201 - 7209.


NOTE: The additions bring in material from the Federal Rules omitted from former
Guam Rules. These have to do with serving subpoenas off-island. The exact FRCP text
is not followed, because the laws and powers of the Superior Court are different from
the laws and powers of a U.S. District Court.

 


CivilProcedure.info does not warrant the accuracy of these rules of civil procedure or laws. The rules of civil procedure or laws listed on CivilProcedure.info are only a starting point for reference, and are not meant to be legal advice or a replacement for legal console. Please consult a process server in your area, county, or state if you have any questions about process service there.

Process Servers