Terms Used In 10 Guam Code Ann. § 78116

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The Commission shall cause a record to be made of all proceedings in which testimony or other evidence is received or adduced, which record shall include rulings of the chair, questions of the Commission and its authorized representative, the testimony or responses of witnesses, sworn written statements which the Commission authorizes a witness to submit and such other matters as the Commission or its Chairperson may direct.

(b) All testimony given at a hearing shall be under oath or affirmation, unless the requirement is dispensed with in a particular instance by majority vote of the Commission members present at the hearing.

(c) Any member of the Commission may administer an oath or affirmation to a witness.

(d) The Chairperson or a designated presiding officer at a hearing or an investigative hearing may direct a witness to answer any relevant question or furnish any relevant book, paper or other document. Unless the direction is overruled by majority vote of the Commission members present, disobedience shall constitute grounds for citation for contempt, except that production of any book, paper or other document may be required only by subpoena.

(e) A witness at a hearing, or his counsel, with the consent of a majority of the Commission members present at the hearing, may file with the Commission for incorporation into the record of the hearing sworn written statements relevant to the purpose, subject matter and scope of the Commission’s investigation or inquiry.