Terms Used In 11 Guam Code Ann. § 6709

  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) Any agent duly authorized by the Department to conduct any inquiry, investigation, or hearing hereunder, shall have power to administer oaths and take testimony under oath relative to the matter of inquiry or investigation.

(1) At any hearing ordered by the Director, the Director or the Director’s agent authorized to conduct the hearing, may subpoena witnesses and require the production of books, papers, and documents pertinent to the inquiry.

(2) No witness under the subpoena authorized to be issued by this Section shall be excused from testifying or from producing books or papers on the ground that such testimony or the production of such books or other documentary evidence would tend to incriminate the witness, or subject the witness to penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which the person shall, under oath, have testified or produced documentary evidence.

(b) If any person:(1) disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to the person by any duly authorized agent of the Department, or to produce any books and papers pursuant thereto,

(2) the duly authorized agent may apply to the Guam Superior Court setting forth such disobedience to process or refusal to answer, and

(3) the court or the judge shall cite such person to appear before the court or the judge to answer such question or to produce such books and papers and, upon the person’s refusal to do so,

(4) shall commit such person to jail until the person shall testify, but not for a longer period than sixty (60) days. Notwithstanding the serving of the term of such commitment by any person, the Director may proceed in all respects with such inquiry and examination as if the witness had not previously been called upon to testify.

SOURCE: Added by P.L. 34-055:1 (Oct. 14, 2017) as § 6708, renumbered and subitem designations added by the Compiler pursuant to the authority of 1 Guam Code Ann. § 1606.