This action came on for (trial) (hearing) before the Court, Honorable John Doe, Judge, presiding, and the issues having been duly (tried) (heard) and a decision having been duly rendered,

of

It is Ordered and Adjudged

-9

(that the plaintiff A.B. recover of the defendant C.D. the sum with interest thereon at the rate of percent as provided by law, and his costs of action.) (that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C.D. recover of the plaintiff A.B. his costs of action.)

Dated at Agana, Guam, this

day of

Clerk of the Island Court

RULE 92-SMALL CLAIMS PROCEDURE

19

Notwithstanding any other provision of the rules of procedure, the plaintiff may, if the plaintiff so chooses, follow the procedure as set out in this rule in all cases for the recovery of money, only where the amount does not exceed $250.00.

(a) ACTION COMMENCED BY AFFIDAVIT. Action shall be commenced, heard and determined under the provisions of this rule as hereinafter provided whenever any person executes the affidavit in the form set forth in Form No. 1(a) following, and files the same with the Clerk of the Island Court. Forms will be furnished by the Island Court. On the reverse side of such affidavit there shall be a summons form as set forth in Form No. 1(b) following.

(b) PREPARATION AND FILING OF AFFIDAVIT: SUMMONS: SERVICE. The claimant shall file such an affidavit as set forth in Form No. 1(a) following, together with one copy. At his request, the clerk may draft the same for him. Such affidavit may be presented by the claimant in person or sent to the clerk by mail. Upon the receipt of said affidavit, properly sworn to, the clerk shall file the original.

At the same time, the clerk shall fill in the blanks in the summons on the copy, sign the summons, and immediately thereafter shall cause the copy with summons to be served by the Marshal upon the defendant. The clerk shall then attach to the original affidavit the Marshal's return of service.

(c) TIME FOR APPEARANCE: ORDER FOR PLAINTIFF TO APPEAR AND PROVE CLAIM: APPLICATION FOR NEW ORDER FOR APPEARANCE OF DEFENDANT. The date

for the appearance of the defendant as provided in the summons endorsed on the affidavit shall not be more than 30 days nor less than 20 days from the date of said summons. When the clerk has fixed the date and time for the appearance of the defendant, he shall inform the plaintiff of said date and time, order the plaintiff to appear and to have with him his books, papers and witnesses necessary to prove his claim. If the summons is not served upon the defendant at least five days prior to the appearance date, the court must, upon request of an appearing defendant, continue the date of hearing for not less than 10 days, and in such case, the clerk shall inform the plaintiff of the new date set for hearing. If the summons is not served upon the defendant prior to the appearance date, the plaintiff may apply to the judge or clerk for a new summons setting a new date for the appearance of the defendant which shall not be more than 30 days nor less than 20 days from the date of the

new summons.

(d) COURT RECORDS. The clerk shall establish and maintain a Small Claims Division docket and enter therein:

(1) The title of every action;

(2) The sum of money claimed;

(3) The date of the issuance of the summons, and the date of the order of appearance of the defendannt;

(4) The date when the parties appeared, or their nonappearance if default be made:

(5) Every adjournment, stating on whose application and to what time;

(6) The judgment of the court and when returned;

(7) A statement of any money paid to the court, judge, or clerk when and by whom; and the date of the issuance of any abstract of the judgment;

(8) The date of the receipt of a motion for new trial, if any be filed, and the payment of the fee.

(e) ASSIGNEE MAY NOT SUE. No claim shall be filed or prosecuted by the assignee of such claim, unless assignee is an attorney admitted to practice law in Guam and the assignor is not a resident of Guam.

(f) RIGHT OF PARTIES TO APPEAR IN THEIR OWN BEHALF: RIGHT OF PARTIES TO OFFER EVIDENCE: INVESTIGATION BY JUDGE: JUDGMENT AND ORDERS: JUDGMENT AGAINST SEPARATE DEFENDANTS: REPRESENTATION BY EMPLOYEE: ATTORNEY FEES. In proceedings under this rule plaintiffs and defendants shall be encouraged to appear on their own behalf. The plaintiff and

defendant shall have the right to offer evidence in their behalf by witnesses. The judge or a commission appointed by the court for such purpose may also informally make any investigation of the controversy between the parties either in or out of court. The judge may give judgment and make such orders as to time of payment or otherwise as may, by him, be deemed to be right and just and, in an action against several defendants, may, in his discretion, give judgment against one or more of them, leaving the action to proceed against the others, whenever a separate judgment is proper. In proceedings under this rule, and only under this rule, corporations and partnerships may be represented by a full-time employee thereof who is not an attorney, provided that no collection agency, or agent, or employee thereof, or employee of a party who is paid under the basis of a percentage of the amount he collects may appear on behalf of the interest of another person. Fee for representation by an attorney recoverable as prevailing party cost shall be limited to ten percent of the amount in controversy.

(g) PLEADINGS: COUNTERCLAIM: FORM. No formal pleading, other than the affidavit and summons, shall be necessary and the hearing and disposition of all such actions shall be informal, with the sole object of dispensing speedy justice between the parties. The defendant in any such action may file a verified answer stating any new matter which shall constitute a counterclaim; a copy of such answer shall be delivered to the plaintiff in person not later than 48 hours prior to the hour set for the appearance of the defendant in such action. The applicable provisions of the Rules of Civil Procedure of the Island Court relating to counterclaims are hereby made applicable to the Small Claims Division of the Island Court except as herein provided. Such answer shall be made upon the form set out in Form No. 2 following.

(h) PROCESS. No attachment prior to judgment shall issue from the Small Claims Division, but execution, upon order of the court, may issue in the manner prescribed in Chapters I and II of Title IX, Part II, of the Guam Code of Civil Procedure, and upon the payment of the fees allowed for such service, the Marshal of the Island Court is charged with the performance of the duties imposed upon him by such title.

(i) PAYMENT OF JUDGMENT. If the judgment be against the defendant, or against the plaintiff upon the defendant's counterclaim, such judgment shall be paid forthwith or at the time and upon such terms and conditions as the judge may prescribe.

(j) MOTION FOR NEW TRIAL. The judgment of the court shall be conclusive upon the plaintiff upon the claim and upon the defendant upon the counterclaim, but if the defendant as to the claim or the plaintiff as to the counterclaim is dissatisfied, he may, within 10 days of the entry of the judgment against him, make a motion for a new trial. Upon the filing of such motion for a new trial, the moving party shall pay the same fees as are charged for the filing of an original action in the Island Court.

(k) STATEMENT ON MOTION FOR A NEW TRIAL. The motion for a new trial shall be filed by completing Form No. 3 following, and filing the same with the clerk. The Clerk shall thereupon enter the case in the regular docket of the Island Court.

(1) TRIAL DE NOVO. Upon the payment of the filing fee and the completion and filing of the form set forth in subsection (k), the right to a new trial is absolute and a trial de novo shall be granted in the Island Court under the rules of the Island Court excepting that no further pleadings shall be required of either party.

(m) ABSTRACT OF JUDGMENT. If no motion for a new trial is filed and the prevailing party is not paid the amount of the judgment according to the terms and conditions thereof, the clerk shall, upon application by the prevailing party, certify such judgment in the form set out in Form No. 4 following. (n) FEE PRESCRIBED: OTHER FEES OR CHARGES FORBIDDEN.

(1) A fee of two dollars ($2.00) shall be charged and collected for the filing, and the marshal shall be entitled to 10¢ per mile for service of the affidavit for the commencement of any action; and, except as otherwise provided for by this rule, no other fee or charge shall be collected by any officer for any service rendered under this rule, or for the taking of affidavits for use in connection with any action commenced under this rule.

(2) In the event execution shall issue after judgment, the marshal shall be entitled to ten cents ($0.10) per mile for the service of a writ of execution. Such cost for mileage shall be paid by the prevailing party and thereafter taxable as costs against the judgment debtor.

(0) COSTS. The prevailing party in any action under this rule is entitled to costs of the action and also the costs of execution upon a judgment rendered therein.

(p) TITLE. These rules may be known and cited as the Small Claims Court Rules.

(q) EFFECTIVE DATE. These rules shall not take effect until they have been reported to the Legislature by the Chairman of the Judicial Council at or after the beginning of a regular session thereof, but not later than the first day of May, 1969, and until the expiration of ninety days after they have been thus reported.

FORMS

FORM NO. 1(a).

In the Small Claims Division of the Island Court of Guam Territory of Guam

sworn, deposes and says: That the defendant is indebted to the plaintiff in the sum of $

(insert nature of cause of action; i.e., contract, debt, injury)

(to person or property, etc.)

being duly

resulting from

-; that

this affiant has demanded payment of said sum; that the defendant refused to pay the same, and no part thereof has been paid excepting the sum of $ ; that the de

fendant resides at

in the Territory of Guam (or, "that the obligation sued on was contracted to be performed at

in the Territory of Guam"); that the affiant resides at

Guam.

in the Territory of