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Terms Used In 6 Guam Code Ann. § 2510

  • 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.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
When, in any action, it is desired to prove the contents of any public record or document lost or destroyed by conflagration or other public calamity and, after such proof of such loss or destruction, there is offered in proof of such contents:
(a) Any abstract of title made and issued and certified as correct prior to such loss or destruction, and purporting to have been prepared and made in the ordinary course of business by any person, firm or corporation engaged in the business of preparing and making abstracts of title prior to such loss or destruction; or

(b) Any abstract of title or any instrument affecting title, made, issued and certified as correct by any person, firm or corporation engaged in the business of insuring titles to real estate, whether the same was made, issued or certified before or after such loss or destruction, and whether the same was made from the original records

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

or from abstracts and notes or either, taken from such records in the preparation of and upkeep of its, or his, plant in the ordinary course of business, the same may, without further proof, be admitted as evidence for the purpose aforesaid.

No proof of the loss of the original document or instrument shall be required other than the facts that the same is not known to the party desiring to prove its contents to be in existence; provided, nevertheless, that any party so desiring to use said evidence shall give reasonable notice in writing to all other parties to the action who have appeared therein, of his attention to use the same in the trial of said action, and shall give all such other parties a reasonable opportunity to inspect the same, and also the abstracts, memoranda or notes from which it was compiled, and to make copies thereof.
SOURCE: CCP § 1855a.

COMMENT: While Division 1 generally covers the issue of lost documents, the Legislature believes that this specific section should be retained because it covers not generally addressed in that Division, and which circumstances have occurred on Guam.