Terms Used In 7 Guam Code Ann. § 24604

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by a suit for contribution in the action or by a separate action for contribution.

(b) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.

(c) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, any right of contribution is barred unless the tortfeasor has either:

1. Discharged by payment the common liability within the statute of limitations period applicable to the claimant’s right of action against him and has commenced the action for contribution within one year after payment, or
2. Agreed while the action is pending [for] the tortfeasor to discharge the common liability and commenced the action for contribution.

(d) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.

COL2102014
7 Guam Code Ann. CIVIL PROCEDURE
CH. 24 ACTIONS IN PARTICULAR CASES

(e) The judgment of the court in determining the liability of the several defendants to the claimants for the injury or wrongful death shall be binding as among such defendants in determining their right to contribution.

SOURCE: CCP § 833.