Terms Used In 10 Guam Code Ann. § 78115

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Oath: A promise to tell the truth.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Upon approval of a majority of its members, the Commission shall have power to subpoena witnesses, compel their attendance, require the production of evidence and any such records, books, papers and documents as it may deem necessary for investigation of the case of any person before it, administer an oath and examine any person under oath in connection with any subject relating to a duty imposed upon or a power vested in the Commission. Subpoenas shall be signed and oaths administered by the Chairperson of the Commission. Subpoenas so issued may be served by any police, parole or probation officer, or other law enforcement officer, or hired or contracted personnel of the Commission in the same manner as similar process in the Superior Court. Service of subpoena shall be made at least three (3) working days prior to the time fixed in the subpoena for appearance or production of records, unless a shorter period of time is authorized by majority vote of all of the members of the Commission in a particular instance when, in their opinion, the giving three (3) working days’ notice is not practicable; but if a shorter period of time is authorized, the person to whom the subpoena is directed shall be given reasonable notice consistent with the particular circumstances involved.

Any person who testifies falsely or fails to appear when subpoenaed, or fails or refuses to produce such material pursuant to the subpoena, shall be

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subject to the same orders and penalties to which a person before a court is subject. The Superior Court, upon application of the Commission, may in its discretion compel the attendance of witnesses, the production of such material and the giving of testimony before the Commission, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before such court.