7 Guam Code Ann. § 21603
Terms Used In 7 Guam Code Ann. § 21603
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Summons: Another word for subpoena used by the criminal justice system.
- Verdict: The decision of a petit jury or a judge.
(1) In case the complaint is not answered by any defendant the summons, with the affidavit or proof of service, the complaint, the request for entry of default with a memorandum endorsed thereon that the default of the defendant in not answering was entered and a copy of the judgments, and in case the service so made is by publication, the affidavit for publication of summons, and the order directing the publication of summons;
(2) In all other cases, the pleadings, all orders striking out any pleading in whole or in part, a copy of the verdict of the jury or finding of the Court or referee, and a copy of any order made relating to a change of parties and a copy of the judgment; if there are two (2) or more defendants in the action and any one of the has allowed judgments to pass against him by default, the summons, with proof of its service on such defendant and if the service on such defaulting defendants be by publication, then the affidavit for publication and the order directing the publication of the summons.
SOURCE: CCP § 670 as amended by P.L. 13-156.
COMMENT: P.L. 13-156 uses the word master to refer to the same officer who is called referee in the Guam Rules of Civil Procedure.
The purpose of amending this Section was to conform the law to the existing practice of the Superior Court. There had arisen a number of questions as to exactly what was the judgment roll and when a judgment was final and official. Several cases were reversed by the appellate division of the District Court because they failed to conform with the requirements of law. That court did not consider this section to be a matter of procedure. To correct matters, the Legislature adopted P.L. 13-156 and P.L. 13-157 to conform law to existing practice, which the Legislature deemed to be suitable.