The applicant must produce to a judge of the Superior Court a petition, verified by the oath of the applicant, stating:
1. That the applicant expects to be a party to an action in a court of Guam and, in such case, the names of the persons whom he expects will be adverse parties; or

2. That the proof of some fact is necessary to perfect the title to property in which he is interested, or to establish marriage, descent, heirship or any other matter which may hereafter be material to establish, though no suit may at the time be anticipated or, if anticipated, he may not know the parties in such suit; and
3. The name of the witness to be examined, his place of residence and a general outline of the facts expected to be proved.

A judge to whom such petition is presented must make an order allowing the examination, and designate himself or another judge or the clerk of the court before whom the same must be taken, and prescribe the notice to be given, which notice, if the parties expectant are known and reside in Guam, must be personally served.

SOURCE: CCP § 2084 modified.

COMMENT: This Article covers the taking of testimony before an action is commenced, or even anticipated, or when no action will be taken. Therefore matters in this Article are not covered in the Rules of Civil Procedure nor in Division 1.