COL1172018

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT

(a) (1) A court shall award to a prevailing party other than the government of Guam fees and other expenses, in addition to any costs awarded, incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the government of Guam in the Unified Judiciary of Guam, unless the court finds that the position of the government of Guam was substantially justified or that special circumstances make an award unjust.

(2) A party seeking an award of fees and other expenses shall, within thirty (30) days of final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party and is eligible to receive an award under this Section, and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the government of Guam was not substantially justified. Whether or not the position of the government of Guam was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.

(3) The court, in its discretion, may reduce the amount to be awarded pursuant to this Subsection, or deny an award, to the extent that the prevailing party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy.

(4) If, in a civil action brought by the government of Guam under this Article, the demand by the government of Guam is substantially in excess of the judgment finally obtained by the government of Guam and is unreasonable when compared with such judgment, under the facts and circumstances of the case, the court shall award to the party

COL1172018

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT

the fees and other expenses related to defending against the excessive demand, unless the party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. Fees and expenses awarded under this Subparagraph shall be paid only as a consequence of appropriations provided in advance.

(b) For the purposes of this Section:

(1) ‘fees and other expenses’ includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court to be necessary for the preparation of the party’s case, and reasonable attorney fees (the amount of fees awarded under this Subsection shall be based upon prevailing market rates for the kind and quality of the services furnished, except that no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the Government of Guam);

(2) ‘government of Guam’ includes any agency and any official of the government of Guam acting in his or her official capacity;

(3) ‘position of the government of Guam’ means, in addition to the position taken by the government of Guam in the civil action, the action or failure to act by the agency upon which the civil action is based; except that fees and expenses may not be awarded to a party for any portion of the litigation in which the party has unreasonably protracted the proceedings; and

(4) ‘final judgment’ means a judgment that is final and not appealable, and includes an order of settlement.

(c) Fees and other expenses awarded under this Subsection to a party shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise.