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for the purpose of enabling him to attend and cross-examine. In all actions and proceedings where the default of the defendant has been duly entered, and in all proceedings to obtain letters of administration, or for the probate of wills and the issuance of letters testamentary thereon, where, after due and legal notice, those entitled to contest the application have failed to appear, the entry of said defaults, and the failure of said persons to appear after notice, shall be deemed to be a waiver of the right to any further notice of any application or proceeding to take testimony by deposition in such action or proceeding. [Enacted 1953.]
§ 2005. Oral examination defined. An "oral examination" is an examination in presence of the judge or tribunal which is to decide the fact or act upon it, the testimony being heard by the judge or tribunal from the lips of the witness. [Enacted 1953.]
§ 2006. Depositions, how taken. Depositions must be taken in the form of question and answer. The words of the witness must be written down, in the presence of the witness, by the officer taking the deposition, or by some disinterested person appointed by him. It may be taken down in shorthand, in which case it must be transcribed into longhand by the person who took it down. Such officer and the person taking down such testimony must be disinterested persons, unless otherwise stipulated by the parties. When completed, it must be carefully read to or by the witness and corrected by him in any particular, if desired, by writing or causing his corrections to be written in the body or margin of or at the bottom of the deposition, and must then be subscribed by the witness. The officer before whom the deposition is taken must write his initials near said correction. If the parties agree in writing to any other mode, the mode so agreed upon must be followed. [Enacted 1953.]
§ 2015. Certificate of the clerk, if taken before a judge of a court out of Guam.
§ 2009. Use of affidavits. An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action or special proceeding, to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, as evidence in an uncontested probate proceeding, including a proceeding relating to the administration of the estate of a decedent, also a proceeding relating to the administration of the estate of a minor or incompetent person after a guardian has been appointed therein, or upon a motion, and in any other case expressly permitted by some other provision of this Code. [Enacted 1953.]
§ 2010. Evidence of publication, what. Evidence of the publication of a document or notice required by law, or by an order of a court or judge, to be published in a newspaper or posted on public bulletin boards, may be given by the affidavit of the printer of the newspaper, or his foreman or principal clerk, or by the party posting such notice annexed to a copy of the document or notice, specifying the times when, and the paper in which, or bulletin boards on which, the publication was made. [Enacted 1953.]
§ 2011. Filing evidence of publication. If such affidavit be made in an action or special proceeding pending in a court, it may be filed with the court or clerk thereof. In either case, the original affidavit, or a copy thereof, certified by the judge of the court or clerk having it in custody, is prima facie evidence of the facts stated therein. [Enacted 1953.]
§ 2012. Affidavits to be used in Guam, before whom taken. An affidavit to be used before any court, judge, or officer of Guam may be taken before any officer authorized to administer oaths. [Enacted 1953.]
§ 2013. Affidavit out of Guam, how taken. An affidavit taken in any state of the United States, to be used in Guam, may be taken before any notary public in any state, or before any judge or clerk of a court of record having a seal. [Enacted 1953.]
§ 2014. In foreign country. An affidavit taken in a foreign country to be used in Guam, may be taken before an ambassador, minister, consul, vice consul, or consular agent of the United States, or before any judge of a court of record having a seal in such foreign country. [Enacted 1953.]
§ 2015. Certificate of the clerk, if taken before a judge of a court out of Guam. When an affidavit is taken before a judge or a court in any state, or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof, must be certified by the clerk of the court, under the seal thereof. [Enacted 1953.]
§ 2019. Depositions, when used.
§ 2020. Testimony of witness out of Guam.
Depositions in Guam, when taken.
§ 2022. May be read in evidence by either party.
§ 2023. Court may order deposition if adverse party in default.
§ 2019. Depositions, when used. In all cases other than those mentioned in § 2009, where a written declaration under oath is used, it must be a deposition as prescribed by this Code. [Enacted 1953.]
§ 2020. Testimony of witness out of Guam. The testimony of a witness out of Guam may be taken by deposition in the following cases:
1. In an action, at any time after the service of summons, or the appearance of the defendant.
2. In a special proceeding, any time after a question of fact has arisen therein.
3. Where default has been made by any or all of the defendants. [Enacted 1953.]
§ 2021. Depositions in Guam, when taken. The testimony of a witness in Guam may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases:
1. When the witness is a party to the action or proceeding, or an officer or member of a corporation which is a party to the
action or proceeding, or a person for whose immediate benefit the action or proceeding is prosecuted or defended;
2. When the witness is about to leave Guam, and will probably continue absent when the testimony is required;
3. When the witness, otherwise liable to attend the trial, is nevertheless too infirm to attend;
4. When the testimony is required upon a motion, or in any other case where the oral examination of the witness is not required;
5. When the witness is the only one who can establish facts or a fact material to the issue; provided, that the deposition of such witness shall not be used if his presence can be procured at the time of the trial of the cause. [Enacted 1953.]
§ 2022. May be read in evidence by either party. A deposition taken and returned, as provided in this Chapter, may, except as provided in § 2032, be read in evidence by either party at any stage of the action or proceeding in which it was taken, or in any other action or proceeding between the same parties or their privies or successors in interest upon the same subject, and is then deemed the evidence of the party reading it; but the court may exclude the same if it appears that the taking thereof was in any material respect unfair. [Enacted 1953.]
§ 2023. Court may order deposition if adverse party in default. If an adverse party is in default for not appearing and answering within the time allowed by law or the court, or if, in a special proceeding, some or all of the parties interested have not appeared, the court may authorize a deposition to be taken without the service of any affidavit upon, or the giving of any notice to, the party so in default or not appearing, or may provide that notice be given to him in such mode as to the court may seem proper. [Enacted 1953.]
Manner of Taking Depositions Out of Guam
§ 2024. Deposition of witnesses out of Guam, how taken.
§ 2025. Interrogatories; settlement of.
Trial, when postponed for reason for nonreturn of commission. § 2028. Deposition, by whom used.
§ 2029. Notice dispensed with when witness resides out of Guam.
§ 2024. Deposition of witness out of Guam, how taken. The deposition of a witness out of Guam may be taken upon a commission issued from the court under the seal of the court, upon an order of the court, or a judge or a justice thereof, on the application of either party, upon five (5) days' previous notice to the other. The commission must have attached to it a certificate of the Governor of Guam, under the seal of Guam, to the effect that the person issuing the same was a judge of the court at the date of the commission. If issued to any place within the United States, it may be directed to a person agreed upon by the parties, or if they do not agree, to any notary public, judge or justice of the peace. If issued to any country not the United States, it may be directed to a minister, ambassador, consul, vice consul, or consular agent of the United States, or a judge of a court of record in such country, or to any person agreed upon by the parties. [Enacted 1953.]
§ 2025. Interrogatories; settlement of. The party moving for the commission must, unless it is waived by the other party, attach to the notice of the motion the interrogatories upon which he desires it to be taken. On the hearing of the motion, the other party must propose such cross-interrogatories as he may desire. If the parties do not agree as to the form of the interrogatories, the court must settle their form, but such agreement or settlement does not preclude either party, when the deposition is offered in evidence, from interposing any objection to any interrogatory except as to the form thereof. The settlement of interrogatories may be had at the time of the hearing of the motion, or at any other time which the court may appoint; but the moving party must, if he requests it, be allowed two (2) days within which to propose such redirect interrogatories as the cross-interrogatories proposed render proper. When agreed upon or settled, the interrogatories must be annexed to the commission; or, when the parties agree to that mode, or the court, on the application of either party, after a hearing had upon two (2) days' notice to the opposite party, so directs, the examination must be without written interrogatories. [Enacted 1953.]
§ 2026. Authority of commissioner. The commission must authorize the commissioner to administer an oath to the witness and to take his deposition in answer to the interrogatories, or when the examination is to be without interrogatories, in respect to the question in dispute, and to certify the deposi