Terms Used In 10 Guam Code Ann. § 10117

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
The panel or its chairperson in the arbitration proceeding shall, upon

COL120106
10 Guam Code Ann. HEALTH AND SAFETY
CH. 10 MEDICAL MALPRACTICE – MANDATORY ARBITRATION

application by a party to the proceeding, and may upon its own deter- mination, issue a subpoena requiring a person to appear and be examined with reference to a matter within the scope of the proceeding, and to produce books, records, or papers pertinent to the proceeding. In case of disobedience to the subpoena, the chairperson or a majority of the arbitration panel in the arbitration proceeding may petition the Superior Court of Guam to require the attendance and testimony of the witness and the production of books, papers, and documents. The Superior Court of Guam, in case of contumacy or refusal to obey a subpoena, may issue an order requiring that person to appear and to produce books, records, and papers and give evidence touching the matter in question. Failure to obey the order of the Court may be punished by the Court as contempt. The fees for the attendance of any person to attend before the arbitration panel as a witness shall be the same as the fees for witnesses subpoenaed before the Superior Court of Guam. The Superior Court of Guam shall order a witness to pay the cost of the aggrieved party, to include attorney’s fees, if it is determined that the witness wrongfully failed to appear before the arbitration panel.