libel or petition must state the names and addresses of the principal creditors and lienors, whether on contract or in tort, upon the voyage upon which the claims are sought to be limited, and the amounts of their claims, so far as they are known to the petitioner, and the attorneys or proctors in any suits thereon; or if such creditors or lienors be numerous, then a sufficient number of them properly to represent all in the appraisement; and notice of the proceedings to appraise the property shall be given to such creditors as the court shall direct, and to all the attorneys and proctors in such pending suits. RULE 51. ISSUES IN LIMITATION, WHEN HEARD If issue be raised as to the right of the petitioners to any limitation of liability, or upon the liability of the petitioners for the claim alleged against them, such issue will not be heard and determined until the publication of the monition, unless otherwise ordered. RULE 52. PROOF OF CLAIMS, WHEN AND HOW MADE Proof of claims presented to the commissioner shall be made by or before the return of the monition by affidavit specifying the nature, grounds, and items thereof, the dates on which the same accrued, and what, if any, credits were given thereon, and what payments, if any, have been made on account. Such proof shall be deemed sufficient unless within five days after the return day of the monition or after interlocutory decree in case of issues joined, or within such further time as may be granted by the court, the allowance of the claim shall be objected to by the petitioner or some other creditor filing a claim, who shall give notice in writing of such objection to the commissioner and to the proctors (if any) of the claim objected to. Any claim so objected to must be established by further legal prima facie proof on notice to the objecting party, as in ordinary cases, but any creditor desiring to contest the same upon any specific defense, must, with his notice of objection, or subsequently, if allowed by the commissioner or the court, state such defense, or be precluded from giving evidence thereof; and the unsuccessful party to such contest may be charged with the costs thereof. On the return day of the monition, the commissioner shall file in open court a list of all claims presented to him. RULE 53. INFORMATIONS, JOINDER OF Proceedings in rem for a forfeiture, and in personam for an offense, fine, penalty or debt, may be joined in one information when having relation to the same transaction. RULE 54. INFORMATIONS, PROCESS ON On filing an information in personam or in rem, the clerk shall issue process thereon, corresponding as nearly as may be with that employed in the Court of Admiralty in similar cases. But process in personam may be, in the first instance, a capias. when allowed, or an attachment against goods to compel an appearance, or a simple monition, at the election of the complainant. RULE 55. INFORMATIONS, ARREST UPON No person shall be arrested and held to bail on an information in personam without the mandates of a judge, except where such bail is required or authorized by statute. Upon granting the mandate aforesaid, the judge shall fix the amount of bail, which may be given before the clerk. RULE 56. INFORMATION – ADMIRALTY PROCEDURE TO APPLY In all informations, whether in rem or in personam, the practice and procedure of Admiralty shall apply in respect of process pleading (and exceptions thereto), delivery of property on stipulation, sale of the same if perishable, and intervention and appearance of claimants. RULE 57. CAUSES OF FORFEITURE-TRAVERSING A special traverse of each cause of forfeiture alleged in the information shall not be required, but the general issue may be pleaded thus: "That the several goods in the information mentioned did not, nor did any part thereof, become forfeited in manner and form as in the information in that behalf alleged." RULE 58. SERVICE OF PLEADINGS, ETC. Copies of all pleadings subsequent to the libel, and answer to interrogatories must be served upon the adverse party or his proctor when the adverse party, or his proctor, resides or maintains an office or place of business in the Territory of Guam, and the address thereof is given on his appearance or pleading filed in the cause. Such service may be personally made upon such party or proctor, or it may be made by leaving the document to be served with some responsible person at such place of business or residence, or by depositing such document in the United States Post Office, with the postage thereon prepaid, directed to the person to be served, at such residence, office or place of business. RULE 59. PROCEEDINGS IN CAMERA In any cause in Admiralty in which the court has directed that the proceedings be conducted in private and that the records, pleadings, evidence and documents filed therein be impounded under authority of Supreme Court Admiralty Rule 46, as amended, the procedure in the taking of the testimony, except where the hearings are had before the court, shall be as follows: (1) Any person by or before whom any testimony shall be taken shall subscribe to an oath to comply with the requirements of this rule and return such oath with the deposition. (2) The officer administering the oath shall also swear the witnesses and interpreters to secrecy and warn them against divulging any matters disclosed at the hearing. (3) The hearings are to be held in camera and attendance limited to the reporter, counsel for the parties to the litigation, witnesses and necessary parties duly vouched for by counsel. Witnesses are to be examined separately and apart from each other. (4) The reporter shall make only such number of copies of the deposition, in addition to an original, as are required by counsel, and shall prepare a certificate stating the number of copies made, attaching thereto a dated receipt from each counsel for the copy of deposition and exhibits received by him. (5) The certificate prepared by the reporter, together with the original of the deposition and all exhibits thereto, and his original stenographic notes, shall be filed with the clerk of the court by the reporter immediately upon the completion of the transcription of the testimony. (6) Counsels are responsible for the security of the copies of the depositions and exhibits furnished to them which shall be treated as confidential documents and subject to the necessary supervision and safeguards to prevent disclosure of their contents. (7) During the taking of the depositions, and at other times, counsel, interested parties and all other persons in attendance shall observe all precautions to preclude any possible disclosure of the information acquired by them, and all procedure shall be with the view of obtaining the objective intended by Supreme Court Admiralty Rule 46, as amended. RULE 60. APPLICATION OF LOCAL RULES (DISTRICT COURT OF GUAM) The local rules of this court, in so far as they are applicable and not inconsistent with any rule in admiralty, shall be followed as near as may be in proceedings in admiralty. [Approved 15 September, 1955.] APPENDIX C RULES AND REGULATIONS FOR ADMISSION TO THE PRACTICE OF LAW IN GUAM Adopted December 17, 1958 RULES AND REGULATIONS FOR ADMISSION § 1. General. Admission to practice law in Guam is governed by Title XXIX, Government Code, a copy of which is attached hereto as a supplement. Since § 28002, Government Code, prohibits any person from practicing law without having been admitted to practice by the District Court of Guam, an applicant must qualify both under Title XXIX and the rules of the District Court. Under Rule 3(b) of the District Court of Guam, admission to the bar of the court is limited to those who qualify under Title XXIX, and, in addition, have the bona fide intention of practicing law in Guam. § 2. Authority. These rules and regulations are promulgated by the Judicial Council of Guam pursuant to Title XXIX, Government Code of Guam. § 3. Committee of Examiners. The non-judicial members of the Judicial Council, namely, the Attorney General of Guam or his duly authorized representative, the Chairman of the Committee on Judiciary of the Legislature, and the President of the Bar Association of Guam or his duly authorized representative, constitute the Committee of Examiners of the Judicial Council, hereinafter referred to as the Committee. The Attorney General is Chairman of the Committee. All communications should be addressed to: Chairman, Committee of Examiners |