« PreviousContinue »
RULES OF COURT
Adopted April 20, 1959
EUGENE R. GILMARTIN, JUDGE
TABLE OF CONTENTS
1. Title of Court.
5. Application of Federal Rules of Civil Procedure.
6. Service of Papers.
7. Orders Granted by the Clerk.
8. Settlement of Findings of Fact and Conclusions of Law. Entry of Judgment and Orders.
10. Settlement of Judgments and Orders by the Court.
11. Files and Filing.
15. Motion Day.
18. Security for Costs.
Court Officers as Sureties.
20. United States Commissioners.
General Call of the Docket.
21. Office of Clerk.
Tax Suits, Where Government of Guam Defendant.
PART II APPEALS
1. Effective Date and Authority.
2. Appeal to District Court.
3. Joint or Several Appeals.
4. Record on Appeal.
5. Record on Appeal: Agreed Statement.
6. Appeals in Criminal Cases.
8a. Motion for Rehearing or New Trial After Final Decision of District Court.
9. Oral Arguments.
10. Opinions of the Court.
11. Petition for Rehearing.
RULES OF COURT
DISTRICT COURT OF GUAM
The following rules, which have been concurred in by the Judicial Council of Guam, are issued pursuant to the authority of Section 1424, Title 48, U.S.C.
RULE 1. TITLE OF COURT
This Court adopts the title "District Court of Guam."
RULE 2. SEAL
The seal shall contain around the outer edge thereof "District Court of Guam" running from left to right from the word "Seal" which shall be in the center of the lower part of said outer edge, set off with a star before the letter "S" and after the letter "L;" and in the center, the figure or representative of an eagle.
RULE 3. ATTORNEYS
(a) Roll of Attorneys. The Bar of this Court consists of those heretofore and those hereafter admitted to practice before this Court, who have taken the oath prescribed by the rules in force when they were admitted, or that prescribed by this rule, and have signed the Roll of Attorneys of this District.
(b) Eligibility. Admission to practice before this Court shall be limited to those persons who have complied with the provisions of Title XXIX, Government Code of Guam, the rules of the Judicial Council as now in effect or hereafter adopted, and have the bona fide intention of practicing law in Guam, except as provided in (c) and (d).
(c) Particular Cases. Attorneys in good standing as members of the bar of the highest Court of a state, territory or District of Columbia, and who reside outside of Guam, may appear in particular cases before this Court on a case to case basis, upon motion duly made to the Court. All such attorneys shall associate with them in any such case a resident attorney on whom notice may be served, and who shall have the authority to act for and on behalf of the client in all matters.
(d) Attorneys for the Government. Attorneys in good standing as members of the bar of the highest court of any state, territory or District of Columbia may, if they are representing the United States of America, the Government of Guam, or any officer or agency thereof, practice before this Court in any action or proceeding in which the United States, the Government of Guam, or any officer or agency thereof, is a party.
(e) Ethics, Discipline and Disbarment. The cannons of legal ethics presently approved, and as from time to time. amended, of the American Bar Association shall be deemed the minimum standards for professional conduct of all attorneys practicing before this Court. Discipline and disbarment of attorneys practicing before this Court shall be in accordance with §§ 28005 and 28006, Government Code of Guam.
RULE 4. PARTNERSHIPS
Each partnership of attorneys practicing before this Court shall be a general partnership and shall, within 30 days after the effective date of this rule, as to any existing partnership, or within 30 days after the formation of any new partnership, file a statement with the Clerk of this Court, signed by all partners, giving the date of the formation of the partnership, the firm name of the partnership, the date of admission to practice before this Court of each partner, and the office and mailing address of the partnership. In the event a partner shall withdraw or a new partner shall join a partnership, or there shall be any change in the firm name, a certificate shall thereupon be filed with the Clerk of this Court setting forth the effective date of change, the name of the withdrawing or joining partner, the personal data above required, and shall be signed by each with
drawing or joining partner, and one other general partner of the firm. In the event of dissolution of a partnership of attorneys, a certificate shall be filed with the Clerk of this Court setting forth the date of dissolution, and in the event that all partners withdraw from practice, the names and office addresses of the member or members of the bar of this Court who are handling the termination of matters on behalf of the former firm.
RULE 5. APPLICATION OF FEDERAL RULES OF CIVIL PROCEDURE
All civil actions brought before this Court, or actions transferred to this Court, except appealed cases, shall be governed by the Federal Rules of Civil Procedure as heretofore or hereafter promulgated by the Supreme Court of the United States. Civil actions transferred from the Island Court shall be so governed after the transfer.
RULE 6. SERVICE OF PAPERS
(a) Manner of Service. Service of all papers requiring service under these rules may be made in the manner specified in Rule 5(b) of the Federal Rules of Civil Procedure. If any paper is served by delivery of a copy, the delivery may be performed by any person of suitable age and discretion, unless otherwise expressly provided in the Federal Rules of Civil Procedure.
(b) Proof of Service. Proof of service of all pleadings and other papers required or permitted to be served, other than those for which a method of proof is prescribed in the Federal Rules of Civil Procedure, may be by written acknowledgment of service, by affidavit of the person making service, by representation of counsel as hereinafter defined, or by any other proof satisfactory to the Court.
When a member of the bar of this Court applies to the Clerk for the entry of a default, or of a default judgment, or for the certification of the record on appeal, or applies to the Court for an order or judgment, such application is a representation that due service has been made of all pleadings or papers required by the Federal Rules of Civil Procedure to be made as a condition to the relief sought, and for which no acknowledgement or affidavit of service is on file. No other proof of service is required unless an adverse party raises a question of due notice.
A party who has been prejudiced by failure to receive due notice may apply to the Court for appropriate relief.
RULE 7. ORDERS GRANTED BY THE CLERK
The Clerk of this Court is authorized to grant, sign, and enter the following orders without further direction by the Court, but any orders so entered may be suspended, altered or rescinded by the Court for cause shown:
(1) Orders specially appointing persons of suitable discretion, and eighteen years of age or over, to serve the summons and complaint;
(2) Orders on consent extending once (for 10 days) the time within which to plead or otherwise defend or to make any motion (except a motion for a new trial) if the time originally prescribed to plead, defend, or move has not expired;
(3) Orders on consent for the substitution of attorneys; (4) Orders on consent satisfying a judgment or an order for the payment of money, annulling bonds, and exonerating sureties;
(5) Any other of the orders referred to in Rule 77(c) of the Federal Rules of Civil Procedure which do not require allowance or order of the Court.
RULE 8. SETTLEMENT OF FINDINGS OF FACT AND
Within 10 days after the announcement of the decision of the Court awarding judgment in any action, the prevailing party shall, unless the Court otherwise orders, prepare a draft of the findings of fact and conclusions of law required by Rule 52(a) of the Federal Rules of Civil Procedure, and serve a copy thereof upon each party who has appeared in the action and mail or deliver a copy to the Clerk. Any party thus receiving the proposed draft of findings of fact and conclusions of law shall within 5 days thereafter, serve upon the prevailing party and mail or deliver to the Clerk a statement of his approval or disapproval of the form of the draft and, in the latter instance, a statement of his objections and the reasons therefor, and a draft of the findings and conclusions which he proposes as a substitute for the draft transmitted to him, At the expiration of 15 days after the announcement of the decision, the Clerk will submit to the Judge, for such further proceedings as are necessary in the circumstances, all drafts and accompanying papers which he has received.