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Terms Used In 2 Guam Code Ann. § 3104

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
(a) Jurisdiction. Upon the noncompliance with a subpoena or subpoena duces tecum issued by a Committee or I Liheslaturan Guåhan, including the failure to provide all the documents requested by a subpoena duces tecum, the Committee or I Liheslaturan Guåhan shall have the standing, jurisdiction and authority to petition to the Superior Court of Guam for a timely Court order to compel the attendance of a witness before that Committee or I Liheslaturan Guåhan, or a Court order for the immediate production of documents by thewitness, or both. The Court order shall set

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2 Guam Code Ann. LEGISLATIVE BRANCH
CH. 3 LEGISLATIVE INVESTIGATIVE POWERS

forth the time and place for compliance before either the Committee, I Liheslaturan Guåhan or the Court, to be determined by the Petitioner.
(b) Expedited Process to Obtain Order. The petition to the Superior Court of Guam hereunder shall be in the form of a summary, Special Proceeding case designation which shall be expedited and heard by the Court within five (5) calendar days. The witness may appear and answer at the hearing set forth in the notice to appear. In the event that notice is given and the witness fails to appear at the hearing, the Court shall immediately grant an order compelling compliance. The Court shall maintain jurisdiction over the case and continue proceedings until compliance with the subpoena or subpoena duces tecum is had, including if the Court determines that additional time should be given to the witness for compliance. A final determination of the Court shall be immediately appealable to the Supreme Court of Guam, which shall hear the appeal on an expedited basis.

(c) Imposition of Sanctions. The Court shall impose contempt of court for any violation of its order obtained hereunder, which may include, but is not limited to, imprisonment until compliance or monetary fines, or both. Application for an order finding contempt of court shall be made by the
Petitioner in the form of an AOrder to Show Cause RE: Contempt of Court.

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