Terms Used In 10 Guam Code Ann. § 10143

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
(a) After the verdict is received and filed, or the court’s decision rendered in a trial de novo, the trial court shall impose sanctions, as set forth below, against the non-prevailing party whose appeal resulted in the trail de novo.
(b) The sanctions to be imposed by the court are as follows:

(1) Reasonable costs and fees (other than attorneys’ fees) actually incurred by the party but not otherwise taxable under the law;

(2) Costs of jurors;

(3) Reasonable attorneys’ fees actually incurred by the prevailing party.

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

(c) Sanctions imposed against a plaintiff will be deducted from any award rendered. Sanctions imposed against a defendant will be added to any award rendered.