IV. Material Objects Presented to the Senses, Other Knowledge of the Court § 1875. Judicial notice. Courts take judicial notice of the 1. The true significance of all English words and phrases, 2. Whatever is established by law; 3. Public and private official acts of the legislative, executive, and judicial departments of Guam and of the legislative, execu- tive, and judicial departments of the United States, and the laws of the several States of the United States and the interpretation thereof by the highest courts of appellate jurisdiction of such 4. The seals of all the courts of Guam and of the United States; 5. The accession to office, and of the official signature and seals of office of, the principal officers of government in the legis- lative, executive, and judicial departments of Guam and of the legislative, executive, and judicial departments of the United 6. The existence, title, national flag, and seal of every state or sovereign recognized by the executive power of the United States; 7. The seals of courts of admiralty and maritime jurisdiction, and of notaries public; 8. The laws of nature, the measure of time, and the geographical divisions and political history of the world. In all these cases the court may resort for its aid to appropriate books or documents of reference. [Enacted 1953.] [See Blas v. Talaberra (1963) 318 F.2d. 617 re records called to court's attention.] § 1879. All persons capable of perception and communication may be wit § 1878. Witnesses defined. A "witness" is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination, or by deposition, or affidavit. [Enacted 1953.] § 1879. All persons capable of perception and communication may be witnesses. All persons, without exception, otherwise than is specified in the next two sections, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. Therefore, neither parties nor other persons who have an interest in the event of an action or proceeding are excluded; nor those who have been convicted of crime; nor persons on account of their opinions on matters of religious belief; although, in every case the credibility of the witness may be drawn in question, as provided in § 1847. [Enacted 1953.] § 1880. Persons who cannot testify. The following persons cannot be witnesses: 1. Those who are of unsound mind at the time of their production for examination. 2. Children under ten (10) years of age, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly. 3. Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter of fact occurring before the death of such deceased person. [Enacted 1953.] [See Blas v. Talaberra (1963) 318 F.2d. 617 re waiver of "deadman's statute".] § 1881. Confidential communications. There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person cannot be examined as a witness in the following cases: 1. A husband cannot be examined for or against his wife without her consent; nor a wife for or against her husband, without his consent; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other; or in an action brought by husband or wife against another person for the alienation of the affections of either husband or wife, or in an action for damages against another person for adultery committed by either husband or wife. 2. An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment; nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of his employer, concerning any fact the knowledge of which has been acquired in such capacity. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs. 4. A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient: provided however, that either before or after probate, upon the contest of any will executed, or claimed to have been executed, by such patient, or after the death of such patient, in any action involving the validity of any instrument executed, or claimed to have been executed, by him, conveying or transferring any real or personal property, such physician or surgeon may testify to the mental condition of said patient and in so testifying, may disclose information acquired by him concerning said deceased which was necessary to enable him to prescribe or act for such deceased; provided further, that after the death of the patient, the executor of his will, or the administrator of his estate, or the surviving spouse of the deceased, or, if there be no surviving spouse, the children of the deceased personally, or if minors, by their guardian, may give such consent, in any action or proceeding brought to recover damages on account of the death of the patient; provided further, that where any person brings an action to recover damages for personal injuries, such action shall be deemed to constitute a consent by the person bringing such action that any physician who has prescribed for or treated said person and whose testimony is material in said action shall testify; and provided further, that the bringing of an action to recover for the death of a patient, by the executor of his will, or by the administrator of his estate, or by the surviving spouse of the deceased, or if there be no surviving spouse, by the children personally, or, if minors, by their guardian, shall constitute a consent by such executor, administrator, surviving spouse, or children or guardian, to the testimony of any physician who attended said deceased. 5. A public officer cannot be examined as to communications made to him in official confidence, when the public interest would suffer by the disclosure. [Enacted 1953.] § 1883. Judge may be witness. The judge himself may be called as a witness by either party; but in such case it is in the discretion of the court or judge to order the trial to be postponed or suspended, and to take place before another judge. [Enacted 1953.] § 1884. When an interpreter to be sworn. When a witness does not understand and speak the English language and the judge of the court cannot translate the language, an interpreter must be sworn to interpret for him. Any person, a resident of the Territory of Guam, may be summoned by any court or judge to appear before such court or judge to act as interpreter in any action or proceeding. The summons must be served and returned in like manner as a subpoena. Any person so summoned who fails to attend at the time and place named in the summons is guilty of a contempt. [Enacted 1953.] § 1887. Writings, public and private. Writings are of two kinds: 1. Public; and, 2. Private. [Enacted 1953.] § 1888. Public writings defined. "Public writings" are: 1. The written acts or records of the acts of the sovereign authority, of official bodies and tribunals, and of public officers, legislative, judicial, and executive, whether of the Territory of Guam, of the United States, of any state or insular possession thereof, or of a foreign country; 2. Public records, kept in Guam, of private writings. [Enacted 1953.] § 1889. All others private. All other writings are private. [Enacted 1953.] ARTICLE II Public Writings § 1892. Every citizen entitled to inspect and copy public writings. |