5 Guam Code Ann. § 32126
Terms Used In 5 Guam Code Ann. § 32126
- 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.
- Service of process: The service of writs or summonses to the appropriate party.
- Statute: A law passed by a legislature.
(1) state the statute and section under which the alleged violation is being investigated, and the general subject matter of the investigation;
(2) describe the class or classes of documentary material to be produced with reasonable specificity so as to fairly indicate the material demanded;
(3) prescribe a return date within which the documentary material is to be produced; and
(4) identify the authorized agent or agents of the Attorney General’s Office to whom the documentary material is to be made available for inspection and copying.
(b) A civil investigative demand may contain a requirement for disclosure of documentary material which would be discoverable under the Rules of Civil Procedure.
(c) Service of a civil investigative demand may be made by: (1) Delivering a duly executed copy of the demand to
the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of that person;
(2) Delivering a duly executed copy of the demand to the principal place of business of the person to be served;
(3) Mailing by registered mail or certified mail a duly executed copy of the demand addressed to the person to be served at the principal place of business or if the person has no place of business, to his principal office or place of business.
(d) Documentary material demanded pursuant to this section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the
person served, or at other times and places as may be agreed on by the person served and the Attorney General.
(e) No documentary material produced pursuant to a demand under this section, unless otherwise ordered by a court for a good cause shown, or unless otherwise discover able if the materials were in the hands of the person who produced the materials, shall be produced for inspection or copying by, nor shall its contents be disclosed to any person other than the authorized employee of the Attorney General’s Office without the consent of the person who produced the material. The Attorney General shall prescribe reasonable terms and conditions allowing the documentary material to be available for inspection and copying by the person who produced the material or any duly authorized representative of that person. The Attorney General may use the documentary material or copies of it as it deter mines necessary in the enforcement of this chapter, including presentation before any court. Any material which contains trade secrets shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing the material. All materials held by the Attorney General pursuant to production are discoverable by a party in another court case to the same extent that the materials would be discoverable if still in the possession of the person who produced the materials for the Attorney General.
(f) At any time before the return date specified in the demand, or within twenty (20) days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside the demand, stating good cause, may be filed in court.
(g) A person on whom a demand is served under this section shall comply with the terms of the demand unless otherwise provided by a court order.
(h) Service of a similar investigative demand under this section may be made on any person outside Guam if the person has engaged in conduct in violation of this chapter. Such persons shall be deemed to have submitted them selves to the jurisdiction of Guam within the meaning of this section.
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION