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Terms Used In 19 Guam Code Ann. § 4212

  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Cases under this Article shall be heard by the court without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or me- chanical recording of the hearing shall be required as in other civil

COL 6/21/2023

19 Guam Code Ann. PERSONAL RELATIONS
CH. 4 PARENT AND CHILD

cases in the court, unless all parties waive the right to such a record and the court so orders. The petitioner, the parent who is the spouse of a petitioner and the child to be adopted shall attend unless the court orders otherwise. Only such other persons shall be admitted to the hearing as the judge shall find to have a direct interest in the case or the work of the court; provided that persons so admitted shall not disclose any information secured at the hearing which would identify an individual child or parent. In addition, the court may require the presence of witnesses (including persons making any report, study or examination which is before the court when such persons are reasonably available) deemed necessary to the disposition of the petition. The court may appoint a guardian ad litem for the child if it is deemed necessary or desirable.

The court’s findings shall be based upon a preponderance of evidence provided that relevant and material information of any nature, including that contained in reports, studies or examina- tions, may be admitted and relied upon to the extent of its probative value. When information contained in a report, study or examination is admitted in evidence, the person making such a report, study or examination shall be subject to both direct and cross-examination when he is reasonably available.

SOURCE: CC § 221.12 enacted by P.L. 13-133:1 (Feb. 3, 1976).