Terms Used In 7 Guam Code Ann. § 8111

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
) Each Clerk of the Supreme and Superior Courts, before entering on the duties of his or her office, shall give a bond in the sum of not less than Ten Thousand Dollars ($10,000.00), for the faithful performance of duty by himself or herself, his or her deputies and assistant clerks during his or her continuance in office and by his or her deputies and assistant clerks after his or her death until his or her successor is appointed and qualified. The amount of the bond shall be set and approved by the Judicial Council and filed and recorded in the office of the Clerk of the Court.

(b) Any person injured by a breach of such bond may sue thereon, in his or her own name, to recover his or her damages. Such action shall be commenced within six (6) years after the right accrues, but a person under

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7 Guam Code Ann. CIVIL PROCEDURES
CH. 8 MINISTERIAL OFFICERS OF THE COURT

legal disability may sue within three (3) years after the removal of his or her disability. After judgment such bond shall remain as security until the whole penalty has been paid.

(c) Such bond shall be a corporate surety bond, and the premium therefor shall be paid out of appropriations for the judicial branch of the government of Guam.

SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (a) amended by P.L.
24-139:22 (Feb. 7, 1998) and P.L. 27-031:32 (Oct. 31, 2003).

COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam
11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L. 24-
139 not to have existed at all as a public law because it was Apocket vetoed@ by the Governor. Therefore, this section reverts to the way it read upon its original enactment as there were no amendments prior to P.L. 24-139. The main difference is to have bonds governed by the Supreme Court alone.

1985 SOURCE: CCP § 202 as added by P.L. 5-75.

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