Terms Used In 7 Guam Code Ann. § 21305

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
On a judgment for the plaintiff upon an issue of law he may proceed in the manner prescribed by Rule 55 of the Guam Rules of Civil Procedure, upon the failure of the defendant to answer. If the judgment before the

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CH. 21 TRIAL & JUDGMENTS

defendant upon an issue of law, and the taking of an account, or the proof of any fact, be necessary to enable the court to complete the judgment, a reference may be ordered, as in that Rule provided.

SOURCE: CCP § 636.

COMMENT: Since CCP § 585 has been superseded by GRCP Rule 55, the appropriate reference is changed in this section. Also, GRCP Rule 53 contains most matters relative to references, so the section is changed to reflect this fact.

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REFERENCES AND TRIAL BY REFEREES