7 Guam Code Ann. § 12114
Terms Used In 7 Guam Code Ann. § 12114
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
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7 Guam Code Ann. CIVIL PROCEDURE
CH. 12 PARTIES TO CIVIL ACTIONS
A defendant, against whom an action is pending upon a contract or for specific personal property, may at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for such property, upon notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, upon his depositing in court the amount claimed on the contract, or delivering the property or its value to such person as the court may direct; and the court may, in its discretion, make the order. And whenever conflicting claims are or may be made upon a person for or relating to personal property, or the performance of an obligation, or any portion thereof, such person may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among them- selves. The order of substitution may be made and the action of interpleader may be maintained, and the applicant or plaintiff be discharged from liability to all or any of the conflicting claimants, although their titles or claims have not a common origin, or are not identical, but are adverse to and independent of one another.
SOURCE: CCP § 386.
COMMENT: While GRCP Rule 25 covers Interpleaders, this section provides the substantive basis for such actions, and for additional actions of a similar sort. Therefore, it has not been replaced by the GRCP.
NOTE: CCP § 387, Intervention, has been replaced by GRCP Rules 14 and 24.