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Terms Used In 22 Guam Code Ann. § 1109

  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The Director or his authorized representative may administer oaths, hear testimony, take or cause to be taken the depositions of witnesses, and require, by subpoenas, the atten- dance and testimony of witnesses and the production of all books, records and other evidence.

(1) Such subpoenas shall be signed and issued by the
Director or his authorized representative.

(2) In cases of failure of any person to comply with any subpoena lawfully issued under this section, or on the refusal of any witness to produce evidence or to testify to any matter regarding which he may be lawfully interrogated, any judge of the Superior Court of Guam, upon the application of the Director or his authorized representative, shall compel

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obedience by proceeding for contempt, as in the case of disobedience of the requirements of a subpoena issued by such court or a refusal to testify therein.

(3) The Director may certify to official acts.

(b) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, contracts, agreements, or other records and documents before the Director or his authorized representative, or in any cause or proceeding instituted under this Chapter, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfei- ture; but no individual shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing, concerning which he is compelled to testify or produce evidence, documentary or otherwise, after having claimed his privilege against self-incrimination, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

(c) The Director and his authorized representative shall not be bound by technical rules of evidence in the conduct of hearings.

SOURCE: GC § 48058.

2018 NOTE: Subsection/subitem designations added pursuant to the authority of 1 Guam Code Ann. § 1606.

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