§ 135.10 Writ of Habeas Corpus Allowed; Generally
§ 135.12 Petition for Writ: To Whom Addressed; Form; Contents
§ 135.14 Application for Writ: Verification; Prior Applications to be\r\nStated; Service Upon Attorney General
§ 135.16 Issuance of Writ: Release Pending Determination
§ 135.18 Writ: To Whom Directed
§ 135.20 Writ: Method of Service
§ 135.22 Consequences of Failure to Honor Writ
§ 135.24 Return of Writ: What Must be Stated
§ 135.26 Person to Whom Writ Directed Must Produce the Body
§ 135.28 Exceptions to § 135
§ 135.30 Hearing to be Held Immediately After Return of Writ
§ 135.32 Proceedings at Hearing: Evidence to be Produced
§ 135.34 Discharge of Defendant: When; Upon Showing of Illegal\r\nRestraint
§ 135.36 When Defendant to be Remanded to Custody
§ 135.38 When Defendant May be Discharged if Held Under Process\r\nFrom Guam Courts
§ 135.40 No Discharge Upon Mere Defect in Commitment Order
§ 135.42 Defect in Form: Procedure Where Person Appears Guilty of an Offense
§ 135.44 Writ Available for Determination of Bail if Not Done Pursuant to Chapter 40
§ 135.46 Release Under Chapter 40 Allowed
§ 135.48 Defendant Not Entitled to Discharge Remand
§ 135.50 If Another Person Entitled to Custody of Person, Court May\r\nTransfer Custody From Improper to Proper Person
§ 135.52 Person May be Detained Pending Judgment on Return
§ 135.54 Defect in Writ No Excuse to Ignore
§ 135.56 No Recommitment for Same Offense: Exceptions
§ 135.58 Procedure if Applicant May Leave Territory
§ 135.60 Apprehension of Person Charged Allowed Under § 135
§ 135.64 Return in § 135
§ 135.66 Person Discharged if Custody Illegal; Remanded if Legal
§ 135.68 Service to be Made Any Time of Day or Night
§ 135.70 Writs, etc
§ 135.74 Appeal by Attorney General: No Release Pending Appeal: Bail Permitted
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Terms Used In Guam Code > Title 8 > Chapter 135 - The Writ of Habeas Corpus

  • 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.
  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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.
  • Oath: A promise to tell the truth.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.