Terms Used In 10 Guam Code Ann. § 31005

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
3. PUBLIC HEALTH AND SOCIAL SERVICES

Records.

(a) Except as otherwise provided in this Article, all child death review information acquired by the Department during its review of child deaths pursuant to this Article, is confidential and may only be disclosed as necessary to carry out the purposes of this Article.

(b) Child death review information and statistical compilations of data that do not contain any information that would permit the identification of any person shall be public records.

(c) The CCDRP shall submit a report of child death review information and statistical compilations of data that do not contain any information that would permit the identification of any person to I Liheslaturan Guåhan (the Guam Legislature) on an annual basis.

(d) No individual participating in the Department’s multidisciplinary and multiagency review of a child’s death may be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a child death review meeting. Nothing in this Subsection shall be construed to prevent a person from testifying to information obtained independently of the Department’s multidisciplinary and multiagency review of a child’s death, or which is public information, or where disclosure is required by law or court order.

(e) Child death review information held by the Department as a result of child death reviews conducted under this Article are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that child death review information otherwise available from other sources is not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were provided as required by this Article.