6 Guam Code Ann. § 7204
Terms Used In 6 Guam Code Ann. § 7204
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
COL120106
6 Guam Code Ann. EVIDENCE
DIV. 2 PRINCIPLES OF EVIDENCE
CH. 7 THE PRODUCTION OF EVIDENCE
witness must not be punished for any refusal to answer a question or to subscribe an affidavit or deposition, unless, after a hearing upon notice, the court orders him to so answer or subscribe, and then only for disobedience to such order. Any judge, justice or other officer mentioned in subparagraph (2) of 7201 may report any disobedience to refusal to the court having jurisdiction, and such court thereupon has power, upon notice, to order the witness to perform the omitted act, and any refusal or neglect to comply with such order may be punished as a contempt of such court.
SOURCE: CCP § 1991 modified.
COURT DECISIONS: This Section is modified by deleting reference to the punishment for disobedience to subpoenas issued by a court. Such provisions are contained in Rule 45(e), GRCP. However, the GRCP provides no means by which subpoenas are to be enforced by other officers not of the court. Thus, this Section is required for that purpose.