Terms Used In 7 Guam Code Ann. § 15704

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • 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.
In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances, to reduce the amount of damages, and whether he proves the justification or not, he may give in evidence the mitigating circumstances.

SOURCE: CCP § 461.

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ARTICLE 8
VARIANCE, MISTAKES IN PLEADINGS AND AMENDMENTS

NOTE: Sections 469, 470, 471, 472, 473 and 476 of Chapter VIII of Part II, Title VI, of the Code of Civil Procedure, have been superseded by the Guam Rules of Civil Procedure, Rules § 15. 16 and
7. Rule 61 has partially replaced Section 475, but because there is some doubt as to the full effect of the Rule on this section, this section will be regarded as at least partially valid.

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