5 Guam Code Ann. § 37412
Terms Used In 5 Guam Code Ann. § 37412
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(a) the term ‘false claims law’ means this Chapter;
(b) the term ‘false claims law investigation’ means any inquiry conducted by any false claims law investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of the false claims law;
(c) the term ‘false claims law investigator’ means any attorney or investigator employed by the Office of the Attorney General who is charged with the duty of enforcing or carrying into effect any false claims law, or any officer or employee of the government of Guam acting under the direction and supervision of such attorney or investigator in connection with a false claims law investigation;
(d) the term ‘person’ means any natural person, partnership, corporation, association, or other legal entity, including any state or political subdivision of a state;
(e) the term ‘documentary material’ includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery;
(f) the term ‘custodian’ means the custodian, or any deputy custodian, designated by the Attorney General under
§ 37409(a);
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(g) the term ‘product of discovery’ includes:
(1) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature;
(2) any digest, analysis, selection, compilation, or derivation of any item listed in Item (1); and
(3) any index or other manner of access to any item listed in Item (1); and
(h) the term ‘official use’ means
(1) any use that is consistent with the law, and the regulations and policies of the Office of the Attorney General, including use in connection with internal Office of the Attorney General memoranda and reports;
(2) communications between the Office of the Attorney General and a government of Guam agency, or a contractor of a government of Guam agency, undertaken in furtherance of an Office of the Attorney General investigation or prosecution of a case;
(3) interviews of any qui tam relator or other witness;
(4) oral examinations; (5) depositions;
(6) preparation for and response to civil discovery requests;
(7) introduction into the record of a case or proceeding;
(8) applications, motions, memoranda and briefs submitted to a court or other tribunal; and
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(9) communications with government investigators, auditors, consultants and experts, the counsel of other parties, arbitrators and mediators, concerning an investigation, case or proceeding.
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