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Terms Used In 6 Guam Code Ann. § 2503

  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A witness is presumed to speak the truth. This presumption, however, may be contradicted by the manner in which he testifies, by the character of his testimony, or by the evidence affecting his character for truth, honesty or integrity, or his motives, or by contradictory evidence, and the judge or jury, as the case may be, is the exclusive judge of his credibility.
SOURCE: CCP § 1847, as modified.

COMMENT: This Section, as a general statement, will be governed by the specific provisions of Div. 1, Art. 6 – Witnesses.

This Section has been modified to refer to both the judge and jury as exclusive determiners of the credibility of the witnesses each hears. CCP § 1847 was enacted prior to the existence of jury trials on Guam and, to be consistent with current law, must be modified to reflect juries.