(c) COURT FILES.

Papers on file in the office of the Clerk shall not be removed from the Clerk's office except for use in the Judge's Chambers or Court room. Copies thereof certified by the Clerk may be issued at the expense of the applicant therefor. Original documents which have been received in evidence may be withdrawn by Order of Court upon the substitution of a certified copy.

RULE 9. CALLS OF DOCKET-PREPARATION OF CALENDARS (a) GENERAL CALL OF DOCKET.

On the second Monday of the months of December and June of each year the clerk under the supervision of the Judge and in open court, shall call all the actions on the civil docket pending and undisposed of in which no steps or proceedings appear to have been taken within 6 months.

Notice of all general calls of the docket shall be given by posting a notice thereof in a conspicuous place in the clerk's office and by mailing copies thereof to all attorneys of record in each case to be called. If none of the parties or their attorneys appear at the time and place slated for the general call and make answer when an action is called, the court may direct the clerk to enter an order dismissing the action for want of prosecution.

If at the call it is shown that the failure to take steps or proceedings is not due to plaintiff's fault or to lack of reasonable diligence on his part the action will hold its place on the docket.

The court may make such orders as may facilitate the prompt and just disposition of any action. If an action is at issue the court may order a pre-trial conference under Rule 16 of the Federal Rules of Civil Procedure, or may order it set down for final disposition on a specified date, or may place it on a calendar for trial or hearing in due course. (b) TRIAL CALENDARS.

party to a civil action pending in this court may serve on all other parties

At any time after the service of the answer to the complaint, any and file with the clerk a written request to place the action on the trial calendar. All actions in which such a request has been thus served and filed, and all other actions which the court may designate, shall be placed on the calendar of actions ready for trial unless the court shall otherwise direct. From this calendar, actions will be placed upon the day calendar by the clerk under the direction of the judge.

(c) PRE-TRIAL CALENDARS.

At any time after a request to place any action on the trial calendar has been served and filed under subdivision (b) of this rule, any party may serve upon all the other parties to the action and file with the clerk a request to place the action on a pre-trial calendar for a conference under Rule 16 of the Federal Rules of Civil Procedure. The clerk shall prepare a pre-trial calendar of all cases in which a request for pre-trial has been filed and all cases in which a judge has ordered a pre-trial.

The pre-trial calendar will be called at the discretion of the court and will be given priority over other calendars.

RULE 10. SECURITY FOR COSTS

(a) BY NONRESIDENT.

In every action in which there is a plaintiff who is not a resident of this district, there shall be filed with the complaint, and in every action removed from the Island Court to this court by a party who is not a resident of this district, there shall be filed with the record on removal, a bond for costs in the sum of $250 unless the court on motion, which may be made ex parte, and for cause shown, dispenses with the bond or fixes a different amount. The bond shall have sufficient surety and shall be conditioned to secure the payment of all fees that must by law be paid by the non-resident parties to the clerk, marshal, or other officer of the court, and all costs of the action which they may ultimately be required to pay to any other party. If a bond in the sum of $250 is filed no approval thereof is necessary. After the bond has been filed, any opposing party may raise objections to its form or to the sufficiency of the surety for determination by the clerk. If the bond is not filed within the time specified, or if the bond filed is found insufficient, the court may order that a sufficient bond be filed within a specified time and if the order is not complied with, the clerk shall dismiss the action as of course for want of prosecution.

(b) BY OTHER PARTIES.

The Court, on motion or of its own initiative, may order any party to file an original bond for costs or additional security for costs in such an amount and so conditioned as the court by its order may designate. (c) QUALIFICATIONS OF SURETY.

Every bond for costs under this rule must have as surety either (1) a cash deposit equal to the amount of the bond or (2) a corporation approved to act as surety by the court or (3) two individual residents of the district each of whom owns real or personal property within the district sufficient in value above any incumbrances to justify the full amount of the suretyship.

(d) SUITS AS POOR PERSONS.

At the time application is made for suits by poor persons for leave to commence any civil action without being required to repay fees and costs or give security for them, the applicant shall file a written consent that the recovery, if any, in the action, to such amount as the court may direct, shall be paid to the clerk who may pay therefrom all unpaid fees and costs taxed against the plaintiff and, to his attorney, the amount which the court allows or approves as compensation for the attorney's services.

RULE 11. COURT OFFICERS AS SURETIES

No clerk, marshal, member of the bar, or other officer of this court will be accepted as surety on any bond or undertaking in any action or proceeding in this court.

PART II
APPEALS

RULE 1. EFFECTIVE DATE AND AUTHORITY

(a) WHEN EFFECTIVE. The following rules as approved by the Judicial Council shall become effective as of the first day of November, 1951.

(b) AUTHORITY. The rules governing procedure on appeal are promulgated pursuant to Sections 66 and 67 of Public Law 17, First Guam Legislature, approved August 9, 1951.

RULE 2. APPEAL TO DISTRICT COURT

WHEN AND HOW TAKEN. When an appeal is permitted by law from the Island Court to the District Court the time within which an appeal may be taken shall be 15 days from the entry of the judgment appealed from, except that in any action in which the Government of Guam or an officer or agency thereof is a party the time as to all parties shall be 30 days from such entry, and except that upon a showing of excusable neglect based on a failure of party to learn of the entry of the judgment the Island Court in any action may extend the time for appeal not exceeding 30 days from the expiration of the original time herein prescribed. The running of the time for appeal is terminated by a timely motion to the Island Court made pursuant to any of its rules or the Codes of Guam and the full time for appeal fixed in this subdivision commences to run and is to be computed from the entry of any of the following orders made upon a timely motion; granting or denying a motion for judgment; or granting or denying a motion to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; or granting or denying a motion to alter or amend the judgment; or denying a motion for a new trial.

A party may appeal from a judgment by filing with the Island Court a notice of appeal. Failure of the Appellant to take any of the further steps to secure the review of the judgment appealed from does not affect the validity of the appeal, but is ground only for such remedies as are specified in this rule or, when no remedy is specified, for such action as the appellate court deems appropriate, which may include dismissal of the appeal. If an appeal has not been docketed, the parties, with the approval of the Island Court, may dismiss the appeal by stipulation filed in that court, or that court may dismiss the appeal upon motion and notice by the appellant.

(b) NOTICE OF APPEAL. The notice of appeal in duplicate shall specify the parties taking the appeal and shall designate the judgment or part thereof appealed from. Notification of the filing of the notice of appeal shall be given by the clerk by mailing copies thereof to all the parties to the judgment other than the party or parties taking the appeal, but his failure so to do does not affect the validity of the appeal. The notification to a party shall be given by mailing a copy of the notice of appeal to his attorney of record or, if the party is not represented by an attorney, then to the party at his last known address, and such notifica

tion is sufficient notwithstanding the death of the party or of his attorney prior to the giving of the notification. The clerk shall note in the civil docket the names of the parties to whom he mails the copies, with date of mailing. The duplicate copy of the notice of appeal with date filed shall be forwarded immediately to the clerk of the District Court by the clerk of the Island Court.

(c) BOND ON APPEAL. Unless a party is exempted by law, a bond for costs on appeal shall be filed with the notice of appeal. The bond shall be in the sum of two hundred and fifty dollars, unless the court fixes a different amount or unless a supersedeas bond is filed, in which event no separate bond on appeal is required. The bond on appeal shall have sufficient surety and shall be conditioned to secure the payment of costs if the appeal is dismissed or the judgment affirmed, or of such costs as the appellate court may award if the judgment is modified. If a bond on appeal in the sum of two hundred and fifty dollars is given, no approval thereof is necessary. After a bond on appeal is filed an appellee may raise objections to the form of the bond or to the sufficiency of the surety for determination by the clerk.

(d) SUPERSEDEAS BOND. Whenever an appellant entitled thereto desires a stay on appeal, he may present to the Island Court for its approval a supersedeas bond which shall have such surety or sureties as the court requires. The bond shall be conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may adjudge and award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, replevin, and actions to foreclose mortgages or when such property is in the custody of the marshal or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed at such sum as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay.

(e) FAILURE TO FILE OR INSUFFICIENCY OF BOND. If a bond on appeal or a supersedeas bond is not filed within the time specified, or if the bond filed is found insufficient, and if the action is not yet docketed with the appellate court, a bond may be filed at such time before the action is so docketed as may be fixed by the Island Court. After the action is so docketed, application for leave to file a bond may be made only in the appellate court.

(f) JUDGMENT AGAINST SURETY. By entering into an appeal or supersedeas bond given pursuant to subdivisions (c) and (d) of this rule, the surety submits himself to the jurisdiction of the court and irrevocably

appoints the clerk of the court as his agent upon whom any papers affecting his liability on the bond may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court who shall forthwith mail copies to the surety if his address is known.

(g) DOCKETING AND RECORD ON APPEAL. The record on appeal as provided for in Rules 4 and 5 shall be filed with the appellate court and the appeal there docketed within 40 days from the date of filing the notice of appeal; except that, when more than one appeal is taken from the same judgment, the Island Court may prescribe the time for filing and docketing, which in no event shall be less than 40 days from the date of filing the first notice of appeal. In all cases the Island Court in its discretion and with or without motion or notice may extend the time for filing the record on appeal and docketing the appeal, if its order for extension is made before the expiration of the period for filing and docketing as originally prescribed or as extended by a previous order; but the Island Court shall not extend the time to a day more than 90 days from the date of filing the first notice of appeal.

RULE 3. JOINT OR SEVERAL APPEALS

Parties interested jointly, severally, or otherwise in a judgment may join in an appeal therefrom; or any one or more of them may appeal separately or any two or more of them may join in an appeal.

RULE 4. RECORD ON APPEAL

(a) DESIGNATION OF CONTENTS OF RECORD ON APPEAL. Promptly after an appeal to the District Court is taken, the appellant shall serve upon the appellee and file with the Island Court a designation of the portions of the proceedings, and evidence to be contained in the record on appeal, unless the appellee has already served and filed a designation. Within 10 days after the service and filing of such a designation, any other party to the appeal may serve and file a designation of additional portions of the record, proceedings, and evidence to be included. If the appellee files the original designation, the parties shall proceed under subdivision (b) of this rule as if the appellee were the appellant.

(b) TRANSCRIPT. If there be designated for inclusion any evidence or proceeding at a trial or hearing which was stenographically or mechanically reported, the appellant shall file with his designation a copy of the transcript of the evidence or proceedings included in this designation. If the designation includes only part of the transcript, the appellant shall file a copy of such additional parts thereof as the appellee may need to enable him to designate and file the parts he desires to have added, and if the appellant fails to do so the court on motion may require him to furnish the additional parts needed. The copy so filed by the appellant shall be available for the use of the other parties. In the event that a copy of the transcript or of the necessary portions thereof is already on file, the appellant shall not be required to file an additional copy.