The Code of Civil Procedure and the Probate Code of the Territory of Guam, 1970: Prepared Under the Direction of the Tenth Guam Legislature, Volume 2J.A. Bohn, 1970 |
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Common terms and phrases
Added by P.L. admission adverse party affidavit Agana allowed amended by P.L. appeal application appointed appraisement attorney bond certificate CHAPTER Civil Procedure claim clerk Code copy costs counterclaim Court of Guam court or judge creditors cross-claim death decedent decree deemed defendant deposition devisees direct directed verdict District Court docket effective July Enacted entitled evidence examination execution executor or administrator fees filed or presented Government of Guam granted guardian hearing heirs interest interrogatories Island Court issue JOINDER judgment Judicial Council jurisdiction jury justice legatee letters letters of administration letters testamentary lien manner ment minor mortgage motion notice oath officer otherwise payment pending personal property petition plaintiff pleading prescribed probate real property record Repealed RULE served subpoena summons supersedeas bond sureties surviving spouse Territory of Guam testamentary testimony therein thereof third-party tion trial trial by jury unless ward witness writing
Popular passages
Page 485 - The signature of an attorney constitutes a certificate by him that he has read the pleading, that to the best of his knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay.
Page 486 - If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Page 500 - ... that the witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or...
Page 523 - Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.
Page 500 - ... whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection that the testimony will be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence.
Page 485 - Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion.
Page 536 - Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and...
Page 508 - Objection to taking a deposition because of disqualification of the officer before whom it is to be taken Is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
Page 366 - The testimony of a witness in this state may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Page 482 - A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial.