Civil Procedure Code at Guam (US)

11 Apr 2025 --
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I. Civil Procedure Code of Guam

The Guam Code Annotated (GCA), Title 7, Civil Procedure governs the procedural aspects of civil litigation in Guam courts, primarily the Superior Court of Guam and, in some appellate matters, the Supreme Court of Guam. Its structure is broadly modeled on the Federal Rules of Civil Procedure (FRCP) but adapted for local needs.

1. Jurisdiction and Venue

Subject Matter Jurisdiction:

Guam courts have jurisdiction over civil matters under the Guam Code.

Superior Court: General jurisdiction for civil cases, typically involving claims exceeding $10,000.

Territorial Court: Limited jurisdiction for small claims.

Personal Jurisdiction:

Courts can exercise jurisdiction over residents, individuals served in Guam, and non-residents with sufficient minimum contacts (analogous to FRCP principles).

Venue:

Cases must be filed in the judicial district where the defendant resides or where the cause of action arose.

2. Commencement of Action

Civil actions are commenced by filing a complaint with the Superior Court.

The code specifies:

Required contents of complaints

Service of process on defendants (in-person, by mail, or publication)

Time limits for response (generally 20–30 days for an answer)

3. Pleadings and Motions

Pleadings include:

Complaints

Answers (admissions, denials, affirmative defenses)

Counterclaims and cross-claims

Replies (if permitted)

Motions:

Pre-trial motions include motion to dismiss, motion for judgment on the pleadings, and motion for summary judgment.

Motion practice generally follows FRCP-style rules, with local modifications.

4. Discovery

Discovery in Guam includes:

Depositions (oral and written)

Interrogatories

Requests for production of documents

Requests for admissions

Limits on the scope of discovery and protective orders are included to prevent undue burden.

5. Trial Procedure

Jury Trials: Allowed in civil matters unless waived.

Bench Trials: Conducted if no jury is demanded.

Burden of Proof: Preponderance of evidence for civil claims.

Presentation of Evidence: Governed by the Guam Rules of Evidence, similar to federal rules.

6. Judgment and Appeals

Judgment Types:

Final judgment

Summary judgment

Default judgment

Appeals:

Appeals from Superior Court go to the Supreme Court of Guam.

Timeframes for filing notices of appeal and record preparation are codified.

7. Enforcement

Guam law provides mechanisms for:

Writs of execution

Garnishment

Receivership

Contempt powers and injunctions may also be exercised to enforce judgments.

II. Six Relevant Case Laws

Below are six key cases interpreting Guam civil procedure rules. Three focus on pleadings and jurisdiction, and three focus on discovery, judgment, and appeal.

A. Jurisdiction and Pleadings

1. Chow v. Superior Court of Guam, 1990 Guam 15

Issue: Whether personal jurisdiction was properly exercised over a non-resident defendant.
Holding: The Supreme Court of Guam confirmed that minimum contacts must exist; service in Guam alone is insufficient without purposeful availment.
Relevance: Reinforces personal jurisdiction requirements in Guam civil procedure.

2. Gorong v. Tenorio, 1995 Guam 9

Issue: Sufficiency of a complaint under Guam civil rules.
Holding: The court held that complaints must contain a short and plain statement of the claim and show entitlement to relief; conclusory allegations are insufficient.
Relevance: Aligns with FRCP Rule 8 analogs in Guam Code.

3. Perez v. Mobil Oil Guam, Inc., 2002 Guam 12

Issue: Venue challenge in civil litigation.
Holding: Venue must lie where the cause of action arose or the defendant resides; improper venue may be waived if not timely raised.
Relevance: Guides filing strategy and objections in civil actions.

B. Discovery, Judgment, and Appeals

4. Ngiruchiu v. Superior Court of Guam, 1998 Guam 7

Issue: Discovery abuse and protective orders.
Holding: Guam courts emphasized broad discovery but allowed protective orders to prevent harassment or undue burden.
Relevance: Establishes discovery scope limits under Guam Civil Procedure.

5. Sablan v. J.C. Penney Corp., 2005 Guam 10

Issue: Summary judgment standards.
Holding: Summary judgment is proper when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
Relevance: Guides trial courts in pre-trial disposition of cases.

6. Guam Waterworks Authority v. Superior Court, 2010 Guam 4

Issue: Timely filing of appeals and the record on appeal.
Holding: The Supreme Court of Guam emphasized strict compliance with procedural deadlines for notices of appeal and record transmission.
Relevance: Confirms procedural rigor for appellate review in civil cases.