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Terms Used In 6 Guam Code Ann. § 2101

  • 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.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Except for § 8207 and for Chapter 9 of this Division, if there is a conflict between this Division and Division 1, then Division 1 shall control.

SOURCE: New Section. Compare CCP § 66.1.

COMMENT: When the Legislature passed P.L. 15-115:8, it intended that the primary law of Evidence on Guam be the Guam Rules of Evidence, which are found unchanged in Division 1 of this Title. In enacting the Guam Rules of Evidence, the Legislature also repealed all of the remainder of Guam’s Evidence laws which were in conflict with the new Rules. The Law Revision Commission has taken the remainder of that law – Part IV of the Code of Civil Procedure except for the Civil Arbitration Act
– and has attempted to remove all of those provisions which were in conflict with the new Rules and to modify other parts of the former Code of Civil Procedure – Evidence in order to bring them into conformity with the Rules. However, the Commission is not perfect and it cannot forecast all of the circumstances the courts will be called upon to interpret. Therefore, while the Commission believes that there are no conflicts in this Division 2, it wants to make clear that, if the courts do find any conflicts, then the Guam Rules of Evidence will prevail.

COL120106
6 Guam Code Ann. EVIDENCE
DIV. 2 PRINCIPLES OF EVIDENCE
CH. 1 GENERAL PRINCIPLES