Terms Used In 5 Guam Code Ann. § 6208

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
A claimant may institute an action in contract or tort, for money damages only, against the government of Guam in the event the claim is made against a line agency, or against the specific agency involved in the event the claim is made against

an autonomous agency, in the Superior Court of Guam, provided that:

(a) The claimant has been notified by registered or certified mail, return receipt requested, that his claim has been rejected in whole or in part; or

(b) Thirty (30) calendar days have elapsed since the date of filing a claim for damages to a motor vehicle incurred in an accident involving the motor vehicle of the claimant filed exclusively pursuant to § 6105(b), where the aggregate of the claim for the motor vehicle of the claimant, not including any claim, or any portion of the claim, for personal injury, is for less than Fifteen Thousand Dollars ($15,000.00); or six (6) months have elapsed since the date of filing any other claim with the Claims Officer.

SOURCE: GC § 6500.11. Added by P.L. 17-029:1(Nov. 9, 1983) as § 6500.17. Codified as 5 Guam Code Ann. § 6208. Subsection (b) amended by P.L. 25-
130:3.

COMMENT: There have been questions as to whether the government of Guam, as an entity, may be sued when an autonomous agency is the one against whom the claim is filed. This Section clears up that doubt by making it clear that such is not the case.

Subsection (a) has been modernized to reflect current mail practices. See also 1 Guam Code Ann. § 717.

Subsection (b) continues the former time limit. A proposal would reduce this limit to two months. However, testimony on that proposal was opposed as two months is not sufficient time to complete a complex investigation.