Terms Used In 7 Guam Code Ann. § 4206

  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
The Judicial Council shall develop forms and rules and regulations for the Small Claims Division, which shall not permit jury trials in small claims cases; shall provide for expedited handling of small claims cases and the collection of small claims judgments without the need that either party have representation by an attorney; shall provide for circumstances under which applicants may be represented by an attorney and may limit or prohibit representation of parties by attorneys in small claims; provided, however, that if one party is represented by an attorney then the other party must be given the opportunity to obtain an attorney, if such other party makes an appearance; may provide
for relaxed rules of evidence for small claims litigants; as to proof of damages shall develop and promulgate reasonable rules which are reasonable and fair, taking into account common sense and practices in claims settlement, and taking into account normal insurance industry practices used by insurance adjusters in determining damages on Guam; shall provide rules for appeal de novo to the Superior Court of Guam as may be appropriate; shall provide for discovery upon prior specific approval by the court; shall provide for declaratory type or other relief in disputes over utility billings with provisions for continuing utility service during the period of the dispute, and with sanctions for bad faith disputes over utility billings; and shall provide for such other matters as the Judicial Council deems appropriate for the Small Claims Division. The rules may prohibit, regulate or restrict the appearance by attorneys, agents, and employees of the parties in the Small Claims Division.