(b) Time for Taking Appeal. An appeal by a defendant may be taken within 10 days after entry of the judgment or order appealed from, but if a motion for a new trial or in arrest of judgment has been made within the 10 day period, an appeal from a judgment of conviction may be taken within 10 days after entry of the order denying the motion. When a defendant not represented by counsel is convicted, he shall be advised by the court of his right to appeal and if he so requests, the clerk shall prepare and file forthwith a notice of appeal on behalf of the defendant. An appeal by the Government of Guam when authorized by statute may be taken within 30 days after entry of the judgment or order appealed from. (c) Stay of Execution. (1) Death. A sentence of death shall be stayed if an appeal is taken. (2) Imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken and the defendant elects not to commence service of sentence or is admitted to bail. (3) Fine. A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by the Island Court or the District Court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the Island Court, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating his assets. (4) Probation. An order placing the defendant on probation shall be stayed if an appeal is taken. (d) Bail. The Island Court may admit a defendant to bail pending appeal. (e) Application for Relief Pending Review. If application is made to the District Court for bail pending appeal or for an extension of time for filing the record on appeal or for any other relief which might have been granted by the Island Court, the application shall be upon notice and shall show that application to the Island Court is not practicable or that the application has been made and denied, with the reasons given for the denial, or that the action on the application did not afford the relief to which the applicant considers himself to be entitled. (f) Supervision in District Court. The supervision and control of the proceedings on appeal shall be in the District Court from the time the notice of appeal is filed with its clerk, except as otherwise provided in these rules. The District Court may at any time entertain a motion to dismiss the appeal, or for directions to the Island Court, or to modify or vacate any order made by the Island Court in relation to the prosecution of the appeal, including any order fixing or denying bail. (g) The Record on Appeal. (1) Preparation and Form. The rules and practices governing the preparation and form of the record on appeal in civil actions shall apply to the record on appeal in all criminal proceedings, except as otherwise provided in these rules. (h) Docketing of Appeal and Record on Appeal. The record on appeal shall be filed with the appellate court and the proceedings there docketed within 40 days from the date the notice of appeal is filed in the District Court. In all cases, the Island Court or the District Court may for cause shown extend the time for filing and docketing. (i) Preference in Criminal Cases. Preference shall be given to appeals in criminal cases over appeals in civil cases. RULE 7. DOCKET FEE The clerk of the District Court shall, upon payment to him by the appellant of a deposit of $25.00 in each case, file the record and enter upon a docket all appeal cases brought to and pending in the court in their proper chronological order, except when the appellant has been authorized by the Island Court to appeal in FORMA PAUPERIS. RULE 8. BRIEFS (a) Time and Form. Counsel for the appellant shall file with the clerk of the District Court the original and three copies of a typewritten brief and serve upon counsel for the appellee one copy thereof within 20 days after the record on appeal has been received by the clerk. The original and copies shall be flat and unfolded, legal size, double spaced on suitable bond and bound at the top. (b) Contents. The brief shall contain, in order here stated(1) A concise abstract or statement of the case, presenting succinctly the questions involved and the manner in which they are raised. (2) A concise argument of the case, exhibiting a clear statement of the points of law or facts to be discussed, with a reference to the pages of record and the authorities relied upon in support of each point. (3) Counsel for an appellee shall file with the clerk an original and 3 copies of a typewritten brief and serve upon counsel for the appellant 1 copy thereof within 15 days after receipt of appellant's brief. His brief shall be of like character with that required of the appellant, except that no specification of error shall be required, and no statement of the case, unless that presented by the appellant is controverted. (4) Counsel for the appellant may serve and file within 10 days after receipt of copies of appellee's brief an original and 3 copies of a reply brief. (5) When the brief for appellant is not filed as required by these rules, the clerk of the District Court shall give notice to counsel for both parties that the matter will be called to the attention of the court on a day certain, for such action as the court deems proper, and the case may be dismissed. When an appellant is otherwise in default, the case may be dismissed on motion, and when an appellee is in default he will not be heard, except on consent of his adversary or by request of the court. RULE 8a. MOTION FOR REHEARING OR NEW TRIAL AFTER FINAL DECISION OF DISTRICT COURT Pursuant to § 65, Public Law 17 when the District Court has entered a final decision in cases tried by it and no appeal lies to the United States Court of Appeals for the Ninth Circuit the unsuccessful party may move for a rehearing or a new trial for consideration by the Appellate Division of the District Court. The motion shall be filed within the same time as notices of appeal in the Island Court and a docket fee of $25.00 paid to the clerk at the time the motion is filed. The procedure thereafter shall be the same as on appeals from the Island Court, except that the District Court will take judicial notice of its own records and references in briefs will be to such records. The preparation of the transcript or portions thereof shall be governed as on appeals from the Island Court. The District Judge who tried the case shall not participate in the consideration of the merits of the motion. RULE 9. ORAL ARGUMENTS When a quorum is available to hear oral arguments on appeal, the clerk of the court will advise counsel as to the time and place for such arguments. However, the parties may agree that oral argument may be waived and that a determination of the appeal may be made on the record and briefs without the necessity for the presence of the additional judge or judges in Guam. In that event, the judge of the District Court, on appeals from the Island Court, shall have the right to call counsel for the parties into conference for the purpose of clarifying points at issue. He shall append his report of such conference to the record. RULE 10. OPINIONS OF THE COURT The original opinions of the court shall be filed with the clerk of the District Court for preservation, and when so filed the same shall be deemed to be recorded. RULE 11. PETITION FOR REHEARING A petition for rehearing may be presented within 15 days after judgment. Such petition shall be typewritten and briefly and succinctly state its grounds, and be supported by a certificate of counsel that in his judgment it is well founded and that it is not interposed for delay. RULE 12. INTEREST When an appeal is prosecuted and the judgment of the Island Court is affirmed, the interest shall be calculated and levied. from the date the judgment in the Island Court was entered until the same is paid at the same rate as similar judgments bear interest. When an appeal shall delay the proceedings or the judgment of the Island Court, and shall appear to have been sued out merely for delay, damages at a rate not exceeding 10 percent, in addition to interest, shall be awarded upon the amount of judgment. RULE 13. COSTS (a) In all cases when an appeal shall be dismissed or judgment affirmed, costs shall be allowed to the appellee unless otherwise ordered. (b) In cases of reversal of any judgment or decree, costs shall be allowed to the appellant, including the cost of the transcript, unless otherwise ordered by the court. (c) Neither of the foregoing sections shall apply to cases where the Government of Guam is a party, but in such cases, no costs shall be allowed in the District Court for or against the Government of Guam. (d) When costs are allowed in appeal it shall be the duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process sent to the Island Court. RULE 14. MANDATE In all cases finally determined in the District Court, other than original proceedings, a mandate or other proper process shall be issued as of course from the District Court to the Island Court for the purpose of informing such court of the proceedings in the District Court so that further proceedings may be had in such court as may be required. Such mandate, if not stayed by order of the court shall be issued at the expiration of 20 days from the date of final determination, unless within said time a petition for rehearing is filed, in which case the mandate shall be stayed until 5 days after the determination of such petition. DISTRICT COURT OF GUAM AMENDMENT TO THE RULES OF COURT It is herewith ordered that the following amendment to the rules of court, as approved by the Judicial Council August 6, 1958, shall be effective immediately. Rule 12 is herewith added to Part I of the Rules of Court of the District Court of Guam. RULE 12. PROCEEDINGS UNDER SECTION 19700, GOVERNMENT CODE OF GUAM Proceedings before this court which are authorized by § 19700 of the Government Code of Guam shall be conducted in accordance with the Federal Rules of Civil Procedure. Proceedings brought by a taxpayer to redetermine a deficiency in income tax shall be in the form of a civil action. In such action, the Commissioner of Revenue and Taxation shall be named as defendant and the decision of the court shall be in the form of a judgment declaring the correct amount of such deficiency in income tax. The petition referred to in § 19700 of the Government Code of Guam shall be considered a complaint within the meaning of Rule 3 of the Federal Rules of Civil Procedure and summons issued thereon. The filing fee shall be the same as in other civil cases. This rule shall be applicable to proceedings filed prior to the adoption of this rule under the authority of § 19700 of the Government Code of Guam. |