Terms Used In 14 Guam Code Ann. § 6203

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Service of process: The service of writs or summonses to the appropriate party.
) A person required to file notification who is a nonresident of this Territory or who is a corporation not incorporated in or qualified to do business in this Territory, shall designate an agent upon whom service of process may be made in this Territory with respect to any action or proceedings under this Title. The Agent shall be a resident of this Territory or a corporation incorporated in or qualified to do business in this Territory. If no agent is designated, the Director of Revenue and Taxation shall be the person upon whom process may be served. In this

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CH. 6 ADMINISTRATION

case service is not effective unless the plaintiff (which may be the Administrator in a proceeding instituted by him) forthwith sends a copy of the process and of the pleading by certified mail to the defendant or respondent at his last known address and the plaintiff’s affidavit of compliance with this Section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
(2) If any person engages in conduct prohibited by this Title, and has not filed a consent to service of process and personal jurisdiction over him cannot otherwise be obtained in this Territory, that conduct authorizes the Director of Revenue and Taxation to receive service of process in any noncriminal proceeding against him which grows out of the conduct and which is brought under this Title with the same force and validity as if served on him personally. Notice shall be given as provided in Subsection (1).

NOTE: Reference to Director of Finance, changed by Compiler to Director of
Revenue and Taxation by authority of P.L. 9-228, effective August 7, 1968.