21 Guam Code Ann. § 25113
Terms Used In 21 Guam Code Ann. § 25113
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
When the summons has been served as provided in the preceding section, and the time for answering has expired, the court shall proceed to hear the case as in other cases, and shall have jurisdiction to examine into and determine the legality of plaintiff‘s title, and of the title and claim of all defendants and of all unknown persons, and to that end must not enter any judgment by default, but must in all cases require evidence of plaintiff’s title and possession and hear such evidence as may be offered respecting the claims and title of any of the defendants and must thereafter direct judgment to be entered in accordance with the evidence and the law. The court before proceeding to hear the case must require proof to be made that the summons has been served
COL 6/21/2023
21 Guam Code Ann. REAL PROPERTY
CH. 25 ACTIONS CONCERNING REAL ESTATE
and posted as hereinbefore directed and that the required notice of pendency of action has been filed. The judgment, after it has become final, is conclusive against all persons named in the summons and complaint who have been served, and against all unknown persons as stated in the complaint and summons who have been served by publication, but shall not be conclusive against the government of Guam or the United States. Said judgment shall have the effect of a judgment in rem except against the government of Guam and the United States; and provided, further, that the said judgment shall not bind or be conclusive against any person claiming any estate, title, right, possession or lien to the property under the plaintiff, or his predecessors in interest, which claim, lien, estate or right of possession has arisen or has been created by the plaintiff or his predecessors in interest within twenty (20) years prior to the filing of the complaint. The remedy provided in this and the two preceding sections shall be construed as cumulative and not conclusive of any other remedy, form or right of action, or proceeding now allowed by law.
SOURCE: CCP § 751.