7 Guam Code Ann. § 21501
Terms Used In 7 Guam Code Ann. § 21501
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
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7 Guam Code Ann. CIVIL PROCEDURE
CH. 21 TRIAL & JUDGMENTS
(a) The finding may be vacated and any other decision may be modified or vacated; in whole or in part; and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such parties:
(1) Irregularity in the proceedings of the court, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial;
(2) Accident or surprise, which ordinary prudence could not have guarded against;
(3) Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence have discovered and produced at the trial;
(4) Excessive damages appearing to have been given under the influence of passion or prejudice;
(5) Insufficiency of the evidence to justify the finding or other decision, and that it is against law;
(6) Error in law, occurring at the trial, and excepted to by the party making the exception.
(b) When a new trial is granted on all or part of the issues upon the ground of the insufficiency of the evidence to sustain the finding, the order shall so specify; otherwise, on appeal from such order it will be presumed that the order was not based upon that ground.
SOURCE: CCP § 657.
2017 NOTE: Subsection/subitem designations added/altered pursuant to the authority of 1 Guam Code Ann. § 1606.
CROSS-REFERENCES: Rule 59, GRCP.
COMMENT: Again, § 657 excludes all references to jury trials. Note that the Guam Rules of Civil Procedure have abolished the need for exceptions. However, the issue of juries is covered in the Rules of Civil Procedure.