7 Guam Code Ann. § 17106
Terms Used In 7 Guam Code Ann. § 17106
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) the motion shall be treated as one for summary judgment:
(1) the trial court shall use a time period appropriate to preferred or expedited motions; and
(2) the moving party shall have a right of expedited appeal from a trial court order denying such a motion or from a trial court failure to rule on such a motion in expedited fashion;
(b) discovery shall be suspended, pending decision on the motion and appeals;
(c) the responding party shall have the burden of proof, of going forward with the evidence and of persuasion on the motion;
(d) the court shall make its determination based on the facts contained in pleadings and affidavits filed;
(e) the court shall grant the motion and dismiss the judicial claim, unless the responding party has produced clear and convincing evidence that the acts of the moving party are not immunized from liability by § 17104;
(f) any government body to which the moving party’s acts were directed, or the Attorney General of this Island, may intervene, defend or otherwise support the moving party in the SLAPP;
(g) the court shall award a moving party who is dismissed, without regards to any limit under Guam law:
(1) costs of litigation, including reasonable attorney and expert witness fees, incurred in connection with the motion; and
(2) such additional sanctions upon the responding party, its attorneys or law firms as it determines will be sufficient to deter repetition of such conduct and comparable conduct by others similarly situated; and
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7 Guam Code Ann. CIVIL PROCEDURE
CH. 17 CITIZEN PARTICIPATION IN GOVERNMENT ACT
(h) a person damaged or injured by reason of a claim filed in violation of their rights under § 17104 may seek relief in the form of a claim for actual or compensatory damages, as well as punitive damages, attorney’s fees and costs, from the person or persons responsible.