Whenever in any action or proceeding, civil or criminal, brought by or in the name of the government of Guam, or by any public board or officer on behalf thereof, to enforce any law which denies any right, privilege or license to any person not a citizen of the United States, or to a person not a resident of Guam, and whenever in any action or proceeding in which the government of Guam or any public board or officer acting on behalf thereof, is or becomes a party, it is alleged in the pleading therein filed on behalf of the government of Guam or of such board or officer thereof, that such right, privilege or license has been exercised by a person not a citizen of the United States, or by a person not a resident of Guam, as the case may be, the burden shall be upon the party for or on whose behalf such pleading

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6 Guam Code Ann. EVIDENCE
DIV. 2 PRINCIPLES OF EVIDENCE
CH. 7 THE PRODUCTION OF EVIDENCE

was filed to establish the fact that such right, privilege or license was exercised by the person alleged to have exercised the same, and upon such fact being so established, the burden shall be upon such person or upon any person, firm or corporation claiming under or through the exercise of such right, privilege or license to establish the fact that the person alleged to have exercised such right, privilege or license was, at the time of so exercising the same, a citizen of the United States or was a resident of Guam, as the case may require, and was at set time legally entitled to exercise such right, privilege or license.

SOURCE: CCP § 1983, as modified.

COMMENT: The only modification is to delete reference to eligibility to become a U.S. citizen and citizenship of Guam, as such categories do not exist. The former has been abolished by the United States and one cannot be a citizen of a non-sovereign territory.

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ARTICLE 2
MEANS OF PRODUCING EVIDENCE