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tion to the court, in a sealed envelope, directed to the clerk, if there be one, and if not, to the judge thereof, and forwarded to him by mail or other usual channel of conveyance. [Enacted 1953.]

§ 2027. Trial, when postponed for reason for nonreturn of commission. A trial or other proceeding must not be postponed by reason of a commission not returned, except upon evidence, satisfactory to the court, that the testimony of the witness is necessary, and that proper diligence has been used to obtain it. [Enacted 1953.]

§ 2028. Deposition, by whom used. The deposition mentioned in this Article may be used by either party on the trial or other proceeding, against any other party giving or receiving the notice, subject to all just exceptions. [Enacted 1953.]

§ 2029. Notice dispensed with when witness resides out of Guam. In all cases where service of summons has been had by publication as provided by law and after default has been duly entered, and it appears by affidavit that the residence of a party to the action is unknown and the witness resides out of Guam, then in such cases the notice provided for in this Article shall be dispensed with. [Enacted 1953.]

§ 2031. § 2032.

§ 2035.

§ 2036.

§ 2036a.

§ 2037.

§ 2038.

§ 2039.


Manner of Taking Depositions in Guam

Depositions; notice to adverse party.

Depositions, how prepared, transmitted and used as evidence.
Deposition in Guam to be used in states.

How to procure witness upon commission.
Compelling witnesses to appear and testify.

How, if commission not issued.

Deposition, how taken.

Acknowledgments of deeds and other instruments; certificate of the
Governor required.

§ 2031. Depositions; notice to adverse party. Either party may have the deposition taken of a witness in Guam, in either of the cases mentioned in § 2021, before a judge or officer authorized to administer oaths, on serving upon the adverse party previous notice of the time and place of examination, together with a copy of an affidavit showing that the case is within that section. Such notice must be at least five (5) days, unless

for a cause shown, a judge, by order, prescribes a shorter time. When a shorter time is prescribed, a copy of the order must be served with the notice. [Enacted 1953.]

§ 2032. Depositions, how prepared, transmitted and used as evidence. Either party may attend the examination and put such questions direct and cross, as may be proper. The deposition, when completed, must be carefully read to the witness and corrected by him in any particular if desired; it must then be subscribed by the witness, certified by the judge or officer taking the deposition, but if certified to by an officer authorized to administer oaths, the certification must show that such officer and the person, if any, appointed by him to take the testimony of the witness, possess the qualifications set forth in § 2006; it must then be enclosed in an envelope or wrapper, sealed, and directed to the clerk of the court in which the action is pending, or to such persons as the parties in writing may agree upon, and either delivered by the judge or officer to the clerk or such person, or transmitted through the mail or by some safe private opportunity; and thereupon such deposition may be used by either party upon the trial or other proceeding against any party giving or receiving the notice, subject to all legal exceptions; but if the parties attend at the examination, no objection to the form of an interrogatory shall be made at the trial, unless the same was stated at the time of the examination. If the deposition be taken under subdivisions 3 and 4, of § 2021, proof must be made at the trial that the witness continues absent or infirm, or is dead. The deposition thus taken may be also read in case of the death of the witness. [Enacted 1953.]

§ 2035. Deposition in Guam to be used in states. Any party to an action or special proceeding in a court or before a judge of a state may obtain the testimony of a witness residing in Guam, to be used in such action or proceeding, in the cases mentioned in the next two sections. [Enacted 1953.]

§ 2036. How to procure witness upon commission. If a commission to take such testimony has been issued by the court before which such action or proceeding is pending, or by a judge thereof, on exhibiting the commission to the judge of the District Court, with an affidavit showing the materiality of his testimony, such judge may issue a subpoena to the witness, requiring him to appear and testify before the commissioner

named in the commission, at a specified time and place within Guam. [Enacted 1953.]

§ 2036a. Compelling witnesses to appear and testify. Whenever any mandate, writ, or commission is issued out of any court of record in any other territory, state, district, or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness or witnesses in Guam, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in Guam. [Enacted 1953.]

§ 2037. How, if commission not issued. If a commission has not been issued, and it appears to the judge of the District Court, by affidavit satisfactory to him:

1. That the testimony of the witness is material to either party, and that he resides in Guam;

2. That a commission to take the testimony of such witness has not been issued;

3. That, according to the law of the place where the action or special proceeding is pending, the deposition of a witness taken under such circumstances, and before such judge or justice, will be received in the action or proceeding;

He must issue his subpoena requiring the witness to appear and testify before him at a specified time and place. [Enacted 1953.]

§ 2038. Deposition, how taken. Upon the appearance of the witness, the judge or justice must cause his testimony to be taken in writing, and must certify and transmit the same via the Governor of Guam to the court or judge before whom the action or proceeding is pending, in such manner as the law of that state requires. [Enacted 1953.]

§ 2039. Acknowledgments of deeds and other instruments; certificate of the Governor required. Deeds or other instruments affecting land situated in the District of Columbia, or any state or territory of the United States, may be acknowledged in Guam before any notary public or judge appointed therein by proper authority or by any office therein, who has ex officio the powers of a notary public; provided, that the certificate of such notary shall be accompanied by the certificate

of the Governor or Acting Governor to the effect that the notary taking such acknowledgment was in fact the officer he purported to be. [Enacted 1953.]

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§ 2053.

Evidence of good character, when allowed.

§ 2054. Writing shown to witness may be inspected. § 2055. Examination of adverse party.

§ 2042. Order of proof, how regulated. The order of proof must be regulated by the sound discretion of the court. Ordinarily, the party beginning the case must exhaust his evidence before the other party begins. [Enacted 1953.]

§ 2043. What witness may be excluded. If either party requires it, the judge may exclude from the courtroom any witness of the adverse party not at the time under examination, so that he may not hear the testimony of other witnesses; but a party to the action or proceeding cannot be so excluded; and if a corporation is a party thereto, it is entitled to the presence of one of its officers, to be designated by its attorney. [Enacted 1953.]

§ 2044. Court may control mode of interrogation. The court must exercise a reasonable control over the mode of interrogation, so as to make it as rapid, as distinct, as little annoying to the witness, and as effective for the extraction of the truth, as may be; but subject to this rule, the parties may put such pertinent and legal questions as they see fit. The court, however, may stop the production of further evidence upon any particular point when the evidence upon it is already so full as to preclude reasonable doubt. [Enacted 1953.]

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§ 2045. Direct and cross-examination defined. The examination of a witness by the party producing him is denominated the "direct examination"; the examination of the same witness, upon the same matter, by the adverse party, the "crossexamination." The direct examination must be completed before the cross-examination begins, unless the court otherwise directs. [Enacted 1953.]

§ 2046. Leading question defined. A question which suggests to the witness the answer which the examining party desires is denominated a "leading or suggestive question." On a direct examination, leading questions are not allowed, except in the sound discretion of the court, under special circumstances, making it appear that the interests of justice require it. [Enacted 1953.]

§ 2047. When witness may refresh memory from notes. A witness is allowed to refresh his memory respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing. But in such case the writing must be produced, and may be seen by the adverse party, who may, if he choose, cross-examine the witness upon it, and may read it to the judge. So, also, a witness may testify from such a writing, though he retain no recollection of the particular facts, but such evidence must be received with caution. [Enacted 1953.]

§ 2048. Cross-examination, as to what. The opposite party may cross-examine the witness as to any facts stated in his direct examination or connected therewith, and in so doing may put leading questions, but if he examines him as to other matters, such examination is to be subject to the same rules as a direct examination. [Enacted 1953.]

§ 2049. Party producing not allowed to impeach witness. The party producing a witness is not allowed to impeach his credit by evidence of bad character, but he may contradict him by other evidence, and may also show that he has made, at other times, statements inconsistent with his present testimony, as provided in § 2052. [Enacted 1953.]

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