7 Guam Code Ann. § 25104
Terms Used In 7 Guam Code Ann. § 25104
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
SOURCE: CCP § 938.
NOTE: CCP § 939, Time when appeal may be taken, was repealed by P.L. 13-156:1. In its place, P.L. 13-156:2 amends Rule 2 of the Appellate Rules of Court, which reads:
Rule 2. Appeal to Appellate Court.
A. When and How Taken. When an appeal is permitted by law from the Superior Court to the Appellate Court, the time within which an appeal
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7 Guam Code Ann. CIVIL PROCEDURE
CH. 25 APPEALS IN CIVIL ACTIONS
may be taken shall be thirty (30) days from the date of the signing of the judgment or order if the parties are present at the time the judgment is signed. If the parties are not present, and notice of the rendition of the judgment is transmitted to the parties, the time for filing the notice of appeal shall commence from the date the appealing party was given notice of the rendition of the judgment appealed.
There has been some discussion to the effect that only the District Court can set the time for filing an appeal, as this is a matter of procedure not within the power of the government of Guam to determine. However, the District Court provides for the same time period as does this Rule, so there is no conflict at this time (6/18/90).