5 Guam Code Ann. § 34119
Terms Used In 5 Guam Code Ann. § 34119
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Complaint:
(1) Paternity proceedings are commenced by the filing of a complaint that includes the social security number of each party, if known, and that alleges a woman is the mother of a child or children conceived out of wedlock and that the defendant is the biological father of the child or children.
(2) Maternity proceedings are commenced by the filing of a complaint that includes the social security number of each party, if known, and that alleges that a woman is the mother of a child or children conceived out of wedlock and that the woman as defendant, is the mother of the child or children.
(c) The procedures upon the filing of the complaint shall be as in other civil cases. In addition to the above procedures, the following alternate procedure shall be permissible:
(1) at the time of the filing of the summons and complaint, a notice of hearing shall issue directing the defendant to be present before the court;
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(2) the answer may be made orally by the defendant at that time by personal appearance before the judge and by oral presenta- tion of the pleading; and
(3) if the answer is made admitting the elements of the complaint, a judgment may be entered forthwith or the Court may set a subsequent time for a hearing and establishment of the terms of the judgment.
(d) If a defendant denies paternity, the determination of paternity shall be made to the Court without a jury. The trial shall be a civil trial. The standard of proof shall be by clear and convincing evidence.
(e) When the paternity of a child is denied under this § 34119, the child and all other parties shall be ordered by the Court to submit to genetic testing upon request of any party to the action if the request is accompanied by a sworn statement by the party alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or denying paternity and setting forth facts establishing a reasonable possibility of the non-existence of sexual contact between the parties.
(f) The genetic testing conducted shall be of a type generally acknowledged as reliable by accreditation bodies and shall be performed by a laboratory approved by an accreditation body designated by the United States Secretary of Health and Human Services.
(g) In any trial brought under this Chapter, a report of the facts and results of genetic tests ordered by the Court or by the child support enforcement agency under this Chapter shall be admissible in evidence by affidavit of the person whose name is signed to the report, attesting to the procedures followed in obtaining the report. A report of the facts and results of genetic tests shall be admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy, unless objection is made. The genetic testing performed shall be of a type generally acknowledged as reliable by accreditation bodies designated by the United States Secretary of Health and Human Services. An alleged parent or party to the paternity action who objects to the admission of the report concerning the genetic test results must file a motion no later than twenty (20) days after receiving a copy of the report and shall show good cause as to why a witness is necessary to lay the foundation for the admission of the report as evidence. The Court may, sua sponte, or at a hearing on the motion, determine whether a
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witness shall be required to lay the foundation for the admission of the report as evidence. The right to call witnesses to rebut the report is reserved to all parties.
(h) Should an original test result be contested, the Court shall order further genetic testing with payment of the testing to be advanced and paid for by the contesting party.
(i) If the results of the genetic testing indicate that the likelihood of the alleged father is ninety-five percent (95%) or greater, the alleged father is conclusively presumed to be the parent of the child.
(j) If the alleged father contests paternity and is found to be the father, he shall reimburse the Department for the genetic test costs of all the parties.
(k) If the mother denies the paternity of the alleged father and he is found to be the father, the mother shall reimburse the Department for the genetic test costs for all the parties.
SOURCE: Added by P.L. 18-017:16 (Oct. 5, 1985); Repealed and reenacted by
P.L. 20-170:11 (May 15, 1990). Repealed and reenacted by P.L. 22-099:5 (Mar. 31,
1994). Repealed and reenacted by P.L. 23-139:1 (Jan. 2, 1997). Repealed and reenacted by P.L. 24-129:3 (Feb. 16, 1998).