6 Guam Code Ann. § 3101
Terms Used In 6 Guam Code Ann. § 3101
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
1. Incapable of expressing himself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or
2. Incapable of understanding the duty of a witness to tell the truth.
SOURCE: Calif. Evidence Code § 701. Contrast Guam CCP § 1880.
COMMENT: Section 601 (Div. 1) of this Title gives the general rule. The Federal Rules refer this matter to the states. Therefore some guidance is needed for Guam. Guam CCP § 1880 is antiquated. A number of attorneys have asked that the “Dead Man’s Statute” be repealed. This was a part of former 1880 and contained limitations on testimony regarding transactions between the witnessed and a deceased party. California repealed this long ago. Additionally, this Section follows California in removing lower age limits on witnesses, making sure only that they know and under- stand their duty to tell the truth regarding an event.