5 Guam Code Ann. § 10111
Terms Used In 5 Guam Code Ann. § 10111
- 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.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) Any person may institute proceedings for injunctive or declarative relief or writ of mandate in the Superior Court of Guam to enforce that person’s right to inspect or to receive a copy of any public record or class of public records under this Chapter. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the Court with the object of securing a decision as to these matters at the earliest possible time.
(c) Whenever it is made to appear by verified petition to the
Superior Court of Guam that certain public records are beingimproperly withheld from a member of the public, the Court shall order the officer or person charged with withholding the records to promptly disclose the public record or show cause why the person should not do so. The Court shall decide the case after examining the record in camera, papers filed by the parties and any oral argument and additional evidence as the Court may allow. The burden is on the agency to sustain its action. All records shall be presumed public and the burden of establishing that a document or record is private shall be upon the agency or person claiming that the document on record should not be disclosed or inspected.
(d) Except as to cases the Court considers of greater importance, proceedings before the Superior Court, as authorized by this Section, and appeals therefrom, take precedence over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way.
(e) If the Court finds that the public official’s decision to refuse disclosure is not justified under this Chapter, the Court shall order the public official to make the record public. If the judge determines that the public official was justified in refusing to make the record public, the Court shall return the item to the public official without disclosing its content with an order supporting the decision refusing disclosure.
SOURCE: Added by P.L. 25-006:2 (May 12, 1999).