7 Guam Code Ann. § 26201
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Terms Used In 7 Guam Code Ann. § 26201
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- 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.
The defendant may, at time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified. If the plaintiff accepts the offer, and gives notice thereof within five (5) days, he may file the offer, with proof of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence upon the trial; and if the plaintiff fails to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant’s costs from the time of the offer.
SOURCE: CCP § 997.
NOTE: See Rule 26 of the GRCP relative to compromises in class actions. See also 6
GCA, Evidence, § 408.
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ARTICLE 3
INSPECTION OF WRITINGS
NOTE: CCP § 1000, which is the entire Article, has been superseded by Rule
34, and the other rules on Discovery, contained in the Guam Rules of Civil
Procedure.
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ARTICLE 4
MOTIONS AND ORDERS
NOTE: CCP § 1003, Order and Motion Defined, has been superseded by GRCP Rule 7 and so is not printed in here.
CCP § 1005, Notice of Motion, what to be given, has been superseded by
GRCP Rule 6, and so is not found here.
The Guam CCP contained no § 1004.